The Crown Act; create to include property sales.

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To: Judiciary A; Business
and Commerce
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 44

AN ACT TO CREATE THE "CREATE A RESPECTFUL AND OPEN WORKPLACE 1
FOR NATURAL (CROWN) HAIR ACT"; TO PROHIBIT CREATION OF WORKPLACE 2
AND SCHOOL POLICIES THAT DISCRIMINATE ON THE BASIS OF NATURAL 3
HAIRSTYLES; TO PROHIBIT DISCRIMINATION BY AN EMPLOYER, SCHOOL, 4
SCHOOL DISTRICT OR ADMINISTRATOR ENGAGED IN COMMERCE ON THE BASIS 5
OF HAIR TEXTURE; TO PROHIBIT TERMINATION, REDUCTION OF WORK HOURS, 6
OR PAYING A REDUCED SALARY OR WAGE OR EXPULSION OR DISMISSAL BASED 7
ON HAIR TEXTURE; TO PROVIDE THE REMEDIES FOR ANY PERSON WHO IS 8
AGGRIEVED BY VIOLATION OF THIS ACT; TO AMEND SECTION 25-9-149, 9
MISSISSIPPI CODE OF 1972, TO CONFORM THE STATE DISCRIMINATION 10
POLICY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 89-9-19, 11
MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CONDOMINIUM RESTRICTIONS 12
SHALL NOT INCLUDE DISCRIMINATORY PROVISIONS IN CONFORMITY WITH 13
THIS ACT; TO AMEND SECTION 73-35-21, MISSISSIPPI CODE OF 1972, TO 14
CLARIFY THAT DISCRIMINATORY PRACTICES ARE GROUNDS FOR REVOCATION 15
OF REAL ESTATE SALES AND BROKER LICENSES; TO AUTHORIZE COUNTIES 16
AND MUNICIPALITIES TO CREATE POLICIES THAT PROHIBIT DISCRIMINATORY 17
PRACTICES IN CONFORMITY WITH THIS ACT; AND FOR RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. This act shall be known and may be cited as the 20
"Create A Respectful And Open Workplace For Natural (CROWN) Hair 21
Act." 22
SECTION 2. The Mississippi Legislature finds: 23
(a) That discrimination based on "natural hairstyles" 24
exists in industries engaged in commerce or in the production of 25
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goods for commerce, schools throughout the United States and 26
society as a whole; 27
(b) Such differentials depress the wages, living 28
standards, quality of education and quality of life for employees 29
and students of color, and such depression has a negative impact 30
on their health and efficiency and drop-out rate, thereby 31
increasing the poverty rate in Mississippi; 32
(c) That workplace, school and any policies and dress 33
codes that restrict natural hairstyles, including, but not limited 34
to, afros, braids, twists and locs have a disparate impact on 35
African Americans, Latinas and other ethnic groups; 36
(d) That hair texture has historically been one of the 37
many determining factors of race; and 38
(e) That acting in accordance with the constitutional 39
values of fairness, equity and opportunity for all requires the 40
Legislature to ban any policies that discriminate or treat any 41
person unfairly in any manner. 42
SECTION 3. (1) No employer, school, school district or 43
administrator may create a dress code or policy that prohibits 44
natural hair from being worn in the workplace during workplace 45
hours, school hours or during workplace or school events. For 46
purposes of this act, the term "natural hair" means afros, braids, 47
twists, locs and any similar hairstyle. 48
(2) No employer, school, school district or administrator 49
shall discriminate in any manner against any person by paying a 50
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salary or wage, refusing to provide a salary or wage increase, 51
deny a promotion or other employment opportunity, or expel or in 52
any manner discipline a student or employee on the basis of any 53
natural hairstyle worn by the person. For employers, when 54
comparing an employee who does not wear natural hair if such 55
employees are performing equal work on jobs that require equal 56
skill, effort and responsibility to perform, and which are 57
performed under similar working conditions, except where such 58
decision is made pursuant to: 59
(a) A seniority system; however, time spent on leave 60
due to a pregnancy-related condition and parental, family and 61
medical leave, shall not reduce the seniority-level of an 62
employee; 63
(b) A merit system; 64
(c) A system which measures earnings by quantity or 65
quality of production; or 66
(d) A differential based on any bona fide factor other 67
than hairstyles, if the factor: 68
(i) Is job-related with respect to the position 69
and necessary for the business; and 70
(ii) Accounts for the entire differential. 71
An employer who is paying a wage rate differential in 72
violation of this subsection shall not, in order to comply with 73
the provisions of this subsection, reduce the wage rate of any 74
other employee. 75
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(3) For purposes of administration and enforcement of this 76
act, any amounts owed to an employee that have been withheld in 77
violation of this act shall be deemed to be unpaid minimum wages 78
or unpaid compensation. 79
(4) It shall be an unlawful practice for an employer, 80
school, school district or administrator to retaliate or in any 81
other manner discriminate against any person because that person 82
has opposed a practice made unlawful by this act or because that 83
person has made a charge, filed a complaint, or instituted or 84
caused to be instituted any investigation, proceeding, hearing, or 85
action under or related to this act, including an investigation 86
conducted by the employer, or has testified or is planning to 87
testify, or has assisted, or participated in any manner in any 88
such investigation, proceeding, or hearing under this act. 89
(5) (a) A civil action asserting a violation of this act 90
may be maintained against any employer, school, school district or 91
administrator in any court of competent jurisdiction by any one 92
(1) or more employees for or on behalf of the employee, a group of 93
employees, and other employees similarly situated. Any such 94
action shall commence no later than two (2) years after the 95
discriminatory practice declared unlawful by this act has 96
occurred. A discriminatory practice occurs when a discriminatory 97
compensation decision or other practice is adopted, when an 98
employee is subjected to a discriminatory compensation decision or 99
other practice, or when an employee is affected by the application 100
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of a discriminatory compensation decision or other practice, 101
including each time wages, benefits, or other compensation is paid 102
based on the discriminatory compensation decision or other 103
practice. 104
(b) If an employer, school, school district or 105
administrator is found in violation of this act, the aggrieved 106
person may recover in a civil action the amount of their unpaid 107
wages; liquidated damages; compensatory damages; punitive damages 108
as may be appropriate, where such person demonstrates that the 109
employer, school, school district or administrator acted with 110
malice or reckless indifference; other equitable relief as may be 111
appropriate; and the costs of the action and reasonable attorney's 112
fees. 113
SECTION 4. Section 25-9-149, Mississippi Code of 1972, is 114
amended as follows: 115
25-9-149. It is the intent of the Legislature that no person 116
seeking employment in state service, as defined in Section 117
25-9-107, Mississippi Code of 1972, or employed in state service, 118
as defined in Section 25-9-107, Mississippi Code of 1972, shall be 119
discriminated against on the basis of race, color, religion, sex, 120
national origin, age * * *, handicap or natural hairstyle. 121
SECTION 5. Section 89-9-19, Mississippi Code of 1972, is 122
amended as follows: 123
89-9-19. The restrictions and covenants authorized by 124
Section 89-9-17 may prescribe regulations concerning sales or 125
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leases of units, and any such restrictions and covenants shall be 126
valid, except discriminatory restrictions based on race, color, 127
religion, sex, national origin, age, handicap or natural 128
hairstyle, but it shall not be mandatory that the management body 129
be given the first right or refusal to purchase or lease any such 130
unit which the owner thereof intends to sell or lease. 131
SECTION 6. Section 73-35-21, Mississippi Code of 1972, is 132
amended as follows: 133
73-35-21. (1) Except as otherwise provided in this section, 134
the commission may, upon its own motion and shall upon the 135
verified complaint in writing of any person, hold a hearing 136
pursuant to Section 73-35-23 for the refusal of license or for the 137
suspension or revocation of a license previously issued, or for 138
such other action as the commission deems appropriate. The 139
commission shall have full power to refuse a license for cause or 140
to revoke or suspend a license where it has been obtained by false 141
or fraudulent representation, or where the licensee in performing 142
or attempting to perform any of the acts mentioned herein, is 143
deemed to be guilty of: 144
(a) Making any substantial misrepresentation in 145
connection with a real estate transaction; 146
(b) Making any false promises of a character likely to 147
influence, persuade or induce; 148
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(c) Pursuing a continued and flagrant course of 149
misrepresentation or making false promises through agents or 150
salespersons or any medium of advertising or otherwise; 151
(d) Any misleading or untruthful advertising; 152
(e) Acting for more than one (1) party in a transaction 153
or receiving compensation from more than one (1) party in a 154
transaction, or both, without the knowledge of all parties for 155
whom he or she acts; 156
(f) Failing, within a reasonable time, to account for 157
or to remit any monies coming into his or her possession which 158
belong to others, or commingling of monies belonging to others 159
with his own funds. Every responsible broker procuring the 160
execution of an earnest money contract or option or other contract 161
who shall take or receive any cash or checks shall deposit, within 162
a reasonable period of time, the sum or sums so received in a 163
trust or escrow account in a bank or trust company pending the 164
consummation or termination of the transaction. "Reasonable time" 165
in this context means by the close of business of the next banking 166
day; 167
(g) Entering a guilty plea or conviction in a court of 168
competent jurisdiction of this state, or any other state or the 169
United States of any felony; 170
(h) Displaying a "for sale" or "for rent" sign on any 171
property without the owner's consent; 172
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(i) Failing to furnish voluntarily, at the time of 173
signing, copies of all listings, contracts and agreements to all 174
parties executing the same; 175
(j) Paying any rebate, profit or commission to any 176
person other than a real estate broker or salesperson licensed 177
under the provisions of this chapter; 178
(k) Inducing any party to a contract, sale or lease to 179
break such contract for the purpose of substituting in lieu 180
thereof a new contract, where such substitution is motivated by 181
the personal gain of the licensee; 182
(l) Accepting a commission or valuable consideration as 183
a real estate salesperson for the performance of any of the acts 184
specified in this chapter from any person, except his or her 185
employer who must be a licensed real estate broker; 186
(m) Failing to successfully pass the commission's 187
background investigation for licensure or renewal as provided in 188
Section 73-35-10; or 189
(n) Any act or conduct, whether of the same or a 190
different character than hereinabove specified, which constitutes 191
or demonstrates bad faith, incompetency or untrustworthiness, or 192
dishonest, fraudulent or improper dealing, including any 193
discriminatory act or conduct based on race, color, religion, sex, 194
national origin, age, handicap or natura hairstyle. However, 195
simple contact and/or communication with any mortgage broker or 196
lender by a real estate licensee about any professional, 197
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including, but not limited to, an appraiser, home inspector, 198
contractor, and/or attorney regarding a listing and/or a 199
prospective or pending contract for the lease, sale and/or 200
purchase of real estate shall not constitute conduct in violation 201
of this section. 202
(2) No real estate broker shall practice law or give legal 203
advice directly or indirectly unless said broker be a duly 204
licensed attorney under the laws of this state. He or she shall 205
not act as a public conveyancer nor give advice or opinions as to 206
the legal effect of instruments nor give opinions concerning the 207
validity of title to real estate; nor shall he or she prevent or 208
discourage any party to a real estate transaction from employing 209
the services of an attorney; nor shall a broker undertake to 210
prepare documents fixing and defining the legal rights of parties 211
to a transaction. However, when acting as a broker, he or she may 212
use an earnest money contract form. A real estate broker shall 213
not participate in attorney's fees, unless the broker is a duly 214
licensed attorney under the laws of this state and performs legal 215
services in addition to brokerage services. 216
(3) It is expressly provided that it is not the intent and 217
purpose of the Mississippi Legislature to prevent a license from 218
being issued to any person who is found to be of good reputation, 219
is able to give bond, and who has lived in the State of 220
Mississippi for the required period or is otherwise qualified 221
under this chapter. 222
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(4) In addition to the reasons specified in subsection (1) 223
of this section, the commission shall be authorized to suspend the 224
license of any licensee for being out of compliance with an order 225
for support, as defined in Section 93-11-153. The procedure for 226
suspension of a license for being out of compliance with an order 227
for support, and the procedure for the reissuance or reinstatement 228
of a license suspended for that purpose, and the payment of any 229
fees for the reissuance or reinstatement of a license suspended 230
for that purpose, shall be governed by Section 93-11-157 or 231
93-11-163, as the case may be. If there is any conflict between 232
any provision of Section 93-11-157 or 93-11-163 and any provision 233
of this chapter, the provisions of Section 93-11-157 or 93-11-163, 234
as the case may be, shall control. 235
(5) Nothing in this chapter shall prevent an associate 236
broker or salesperson from owning any lawfully constituted 237
business organization, including, but not limited to, a 238
corporation, limited liability company or limited liability 239
partnership, for the purpose of receiving payments contemplated in 240
this chapter. The business organization shall not be required to 241
be licensed under this chapter and shall not engage in any other 242
activity requiring a real estate license. 243
(6) The Mississippi Real Estate Commission shall not 244
promulgate any rule or regulation, nor make any administrative or 245
other interpretation, whereby any real estate licensee may be held 246
responsible or subject to discipline or other actions by the 247
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ST: The Crown Act; create to include property
sales.
commission relating to the information required to be disclosed by 248
Sections 89-1-501 through 89-1-523 or delivery of information 249
required to be disclosed by Sections 89-1-501 through 89-1-523. 250
(7) The Mississippi Real Estate Commission shall not 251
promulgate nor enforce any rule or regulation, nor make any 252
administrative or other interpretation, whereby any real estate 253
licensee may be required to include in any agreement or otherwise 254
be required to agree to any requirement regarding unilateral 255
termination by a buyer-agency agreement. 256
SECTION 7. Counties and municipalities may adopt and enforce 257
ordinances, orders and resolutions prohibiting all forms of 258
discrimination, including discrimination on the basis of race, 259
creed, color, religion, national origin, sex, disability, or age, 260
or natural, protective, or cultural hairstyle, and to prescribe 261
penalties for violations thereof, such penalties being in addition 262
to the remedial orders and enforcement herein authorized. 263
SECTION 8. This act shall take effect and be in force from 264
and after its passage. 265