The CROWN Act in New Jersey Schools: Suing for Hair Discrimination and Dress Code Violations
Under New Jersey's CROWN Act, public and secular private schools are strictly prohibited from enforcing dress codes that ban natural hair, locs, braids, or twists. While bona fide religious schools are exempt under state law, if a covered school discriminates against your child's hair, you can file a civil rights complaint with the NJ Division on Civil Rights or sue in state court.
Understanding the CROWN Act in New Jersey
For decades, students of color faced unfair disciplinary actions simply for wearing their hair in natural styles. To combat this systemic issue, New Jersey passed the Create a Respectful and Open Workplace for Natural Hair (CROWN) Act. This groundbreaking law officially amended the New Jersey Law Against Discrimination (NJ LAD), specifically under N.J. Stat. Ann. § 10:5-5. The law explicitly states that the definition of "race" includes traits historically associated with race, including hair texture, hair type, and protective hairstyles like braids, locs, and twists. This means that if a school in Newark, Camden, or any other New Jersey city attempts to ban or punish these hairstyles, they are committing illegal race discrimination.
Because confronting a school administration over civil rights violations can be intimidating, many families choose to hire a local civil rights attorney. You can browse our US Attorney Directory to find a legal professional who can help you assert your rights, file the necessary state complaints, and demand accountability from discriminatory educational institutions.
Step-by-Step: How to File a Division on Civil Rights Complaint
If a New Jersey school enforces an illegal hair policy against your child, you have the right to seek justice through the state's official civil rights agency.
Step 1: Documenting the Discrimination
First, secure physical proof. Ask the school for a written copy of their dress code or athletic policy. Save any emails, disciplinary slips, or suspension notices that specifically mention your child's hair. This paper trail is vital to proving that the school's actions were based on hair texture or style.
Step 2: Submitting the Intake Questionnaire
You must initiate a formal claim by submitting an initial inquiry online through the New Jersey Bias Investigation Access System (NJBIAS) or by filing the Form Unnumbered, New Jersey, Division on Civil Rights, Civil Rights Intake Questionnaire. You can submit this online or at one of their regional offices, such as the New Jersey Division on Civil Rights, Newark, the New Jersey Division on Civil Rights, Trenton, or the New Jersey Division on Civil Rights, Cherry Hill.
Step 3: DCR Investigation and Fact-Finding
Once your complaint is formalized, the DCR will launch a neutral investigation. They will demand answers from the school district. If the DCR finds "probable cause" that the school violated the CROWN Act, they will attempt to mediate a settlement (which may include changing the school policy and paying damages). If mediation fails, the state will prosecute the school in an administrative court.
Common Hair Discrimination Scenarios in Schools
Despite the clarity of the law, some New Jersey schools still attempt to enforce outdated policies through specific loopholes. Here are the most common micro-niches of hair discrimination.
Locs and Braids Bans in Handbooks
Some private and charter schools have tried to argue that their dress codes ban "distracting" hairstyles and try to classify locs, twists, or long braids under this vague category. Under the New Jersey CROWN Act, any policy that specifically targets or disproportionately impacts protective hairstyles associated with race is illegal on its face. The school must immediately revise their student handbook.
Extracurricular and Athletic Exclusions
Hair discrimination is heavily prevalent in high school sports. Referees and athletic associations sometimes try to force student-athletes to cut their locs or remove their braids to participate in sports like wrestling or track, citing "safety rules." The state of New Jersey has made it clear that athletic associations are considered places of public accommodation under the NJ LAD. Therefore, denying a student the right to compete due to their natural hair, without offering reasonable accommodations like hair coverings, is a direct civil rights violation.
Graduation Ceremony Dress Codes
Another frequent violation occurs in the spring, when administrators threaten to bar students from walking at graduation if they do not alter their natural hair to fit a specific aesthetic standard beneath the graduation cap. Threatening to withhold a student's diploma ceremony based on their protective hairstyle is unlawful retaliation and discrimination under the CROWN Act.
Costs of Pursuing a Civil Rights Claim
Filing a complaint with the New Jersey Division on Civil Rights is entirely free for the public. However, if you wish to bypass the state agency and file a direct lawsuit in the Superior Court of New Jersey, you will need a private attorney. Because the New Jersey Law Against Discrimination includes a "fee-shifting" provision, many civil rights lawyers will take strong CROWN Act cases on a contingency basis. This means if you win, the school district is forced by the court to pay your attorney fees.
Timeline to File a Claim
You must act quickly. If you are filing an administrative complaint through the New Jersey Division on Civil Rights, you have exactly 180 days from the date the discriminatory act (such as the suspension or athletic exclusion) occurred. If you choose to file a private lawsuit directly in state court under the NJ LAD, the statute of limitations is two years.
Frequently Asked Questions (FAQ)
Does the CROWN Act apply to private and religious schools?
It applies to secular private schools, but not to bona fide religious institutions. Under N.J. Stat. Ann. § 10:5-5(l), educational facilities operated or maintained by a bona fide religious or sectarian institution are expressly exempt from the public accommodation provisions of the Law Against Discrimination, as affirmed in Romeo v. Seton Hall University, 378 N.J. Super. 384 (NJ App. Div. 2005). Public schools and secular private schools must fully comply.
Can schools enforce hair color restrictions?
The CROWN Act protects hair texture and protective styles associated with race. It generally does not protect unnatural hair dye (like bright blue or pink). Schools can usually still enforce rules against unnatural hair colors, provided they apply the rule equally to all students.
Can a school mandate that hair be tied back for safety?
Yes, but it must be a legitimate safety concern (e.g., working around machinery in a shop class or Bunsen burners in chemistry). Even then, the rule must apply to all students with long hair, regardless of texture or style, and cannot force a student to cut their hair.
What compensation can my child receive?
If a court or the DCR finds the school violated the CROWN Act, they can order the school to change its policies, clear your child's disciplinary record, and pay financial damages for the emotional distress caused by the discrimination.
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