Discrimination based on hair texture in the United States

In the United States, discrimination based on hair texture is a form of social injustice that has been predominantly experienced by African Americans and predates the founding of the country.^[1]^[2]^[3]

In the 21st century, multiple states and local governments have passed laws that prohibit such discrimination. California was the first state to do so in 2019 with the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act (SB 188). As of June 2023, twenty-three states have passed similar legislation, but there is no equivalent law at the federal level. A federal CROWN act was proposed in 2020, and was passed by the House of Representatives but not the Senate. Another bill was introduced in the House of Representatives in 2021; it was approved by the House in 2022, and awaits consideration in the Senate.

History

In the late 18th century, free Africans in New Orleans were able to buy their freedom from slavery, resulting in an increase of interracial marriage in Louisiana.^[4] In response, Charles III of Spain demanded Louisiana colonial governor Esteban Rodríguez Miró to "'establish public order and proper standards of morality,' with specific reference to a "large class" of "mulattos" and particularly "mulatto" women.'"^[5] Louisiana women of African descent wore hairstyles that incorporated feathers and jewels, which caught the attention of white men. To comply with Charles III's demand, Miró issued an edict that required Creole women to wear a tignon to conceal their hair.^[4]

By the late 1800s, African American women were straightening their hair to meet a Eurocentric vision of society with the use of hot combs and other products improved by Madam C. J. Walker. However, the black pride movement of the 1960s and 1970s made the afro a popular hairstyle among African Americans and considered a symbol of resistance.^[4] In 1964, the U.S. federal government passed the Civil Rights Act, which prohibited employment discrimination based on race, but it was left to interpretation by the courts as to what this constituted.^[6] In 1970, Beverly Jenkins was denied a promotion in the Blue Cross by her white supervisor due to her afro.^[7] In 1976, the federal court case Jenkins v. Blue Cross Mutual Hospital Insurance determined that afros were protected by Title VII of the Civil Rights Act of 1964. However, the case did not extend protections against hair discrimination.^[6]

In the 2010s, natural hairstyles saw an increase in popularity in response to celebrities such as Viola Davis, Lupita Nyong'o, Ava DuVernay, and Stacey Abrams wearing natural hair. However, the popularity also resulted in increased attention to dress codes and hair regulations as African American workers and students across the U.S. were subjected to punishment due to their hair.^[8] Because of awareness to the issue, California passed the Crown Act in July 2019, becoming the first U.S. state to prohibit discrimination against workers and students based on their natural hair.^[9] California's passage of the bill has led many other states to consider similar bills banning hair discrimination and a bill proposed at the federal level by U.S. representative Cedric Richmond and U.S. senator Cory Booker.^[10]

In September 2020, U.S. representative Ilhan Omar announced the passage of the Crown Act in the House of Representatives, which would prohibit racialized hair discrimination nationally if enacted.^[11]

Legislation

As of June 15, 2023, 23 U.S. states have prohibited discrimination based on hair texture.

State	Date enacted	Notes
California	July 3, 2019	Passed the Crown Act^[9]
New York	July 12, 2019	Passed an amendment to the New York Human Rights Law^[12]
New Jersey	December 19, 2019	Passed the Crown Act^[13]
Virginia	March 3, 2020	Passed the Virginia Human Rights Act^[14]
Colorado	March 6, 2020	Passed the Crown Act^[15]
Washington	March 19, 2020	Passed an amendment to the Washington State Law Against Discrimination^[16]
Maryland	May 8, 2020	Passed without governor's signature^[17]
Connecticut	March 4, 2021	Passed the Crown Act^[18]
New Mexico	April 5, 2021	Passed the Crown Act^[19]
Delaware	April 13, 2021	Passed the Crown Act^[20]
Nebraska	May 5, 2021	Passed the Crown Act^[21]
Nevada	June 4, 2021	Passed the Crown Act^[22]
Oregon	June 11, 2021	Passed the Crown Act^[23]^[24]
Illinois	August 13, 2021	Passed Simmons Law^[25]
Maine	May 3, 2022	Passed the Crown Act^[26]
Tennessee	May 27, 2022	Passed the Crown Act; only applies to workplace discrimination^[27]
Louisiana	June 21, 2022	Passed the Crown Act^[28]
Massachusetts	July 26, 2022	Passed the Crown Act^[29]
Alaska	September 8, 2022	Passed "An Act relating to dress codes and natural hairstyles"; only applies to educational discrimination in schools.^[30]
Minnesota	February 1, 2023	Passed the CROWN Act^[31]
Arkansas	April 10, 2023	Passed the CROWN Act; only applies to educational discrimination in public schools and state-supported higher education institutions.^[32]
Texas	May 29, 2023	Passed the CROWN Act^[33]
Michigan	June 15, 2023	Passed the CROWN Act, amending the Elliott-Larsen Civil Rights Act^[34]

In addition, similar legislation has been introduced in Florida, Georgia, Kansas, Kentucky, Mississippi, Missouri, Nebraska, New Hampshire, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Utah, and Wisconsin. An executive order prohibiting discrimination by Arizona state agencies and contractors was signed by Governor Katie Hobbs on March 17, 2023.^[35]

References

^ Griffin, Chante. "How Natural Black Hair at Work Became a Civil Rights Issue". JSTOR Daily. Retrieved 5 December 2023.
^ Cann, Amy (April 19, 2023). "Understanding Hair Discrimination and the CROWN Act". New Hampshire Bar News. Mclane Middleton. Retrieved 5 December 2023.
^ "Colonialism, Hair, and Enslavement". African American Museum of Iowa. Retrieved 5 December 2023.
^ ^a ^b ^c Nasheed, Jameelah (April 10, 2018). "When Black Women Were Required By Law to Cover Their Hair". Vice News. Retrieved April 13, 2020.
^ Winters, Lisa Ze (January 15, 2016). The Mulatta Concubine: Terror, Intimacy, Freedom, and Desire in the Black Transatlantic. University of Georgia Press. p. 77. ISBN 9780820348971. Retrieved April 13, 2020.
^ ^a ^b Nasheed, Jameelah (August 9, 2019). "A Brief History of Black Hair, Politics, and Discrimination". Teen Vogue. Retrieved April 13, 2020.
^ "538 F. 2d 164 - Jenkins v. Blue Cross Mutual Hospital Insurance Inc". OpenJurist. Retrieved April 13, 2020.
^ Griffith, Janelle (February 23, 2019). "When hair breaks rules: Some black children are getting in trouble for natural hairstyles". NBC News. Retrieved April 13, 2020.
^ ^a ^b Chavez, Nicole; Karimi, Faith (July 3, 2019). "California becomes the first state to ban discrimination based on natural hairstyles". CNN. Retrieved April 13, 2020.
^ Higgins, Jesse (February 27, 2020). "24 states consider bills to ban natural hair discrimination". Evansville: UPI. Retrieved April 13, 2020.
^ Smith, Erica (September 22, 2020). "Natural-Hair Discrimination Is One Step Closer to Being Banned Nationwide". The Cut. Retrieved October 7, 2020.
^ Griffith, Janelle (July 15, 2019). "New York is second state to ban discrimination based on natural hairstyles". NBC News. Retrieved March 6, 2020.
^ Lewis, Sophie (December 21, 2019). "New Jersey becomes third state to ban discrimination based on hair". CBS News. Retrieved April 13, 2020.
^ Evelyn, Kenya (6 March 2020). "Virginia becomes first southern US state to ban hair discrimination". The Guardian. New York. Retrieved 12 April 2020.
^ Hindi, Saja (March 6, 2020). "Colorado becomes 5th state to ban natural hair discrimination". The Denver Post. Retrieved March 6, 2020.
^ "Ban on Race-Based Hairstyle Discrimination Signed Into Law". U.S. News. Olympia: Associated Press. March 19, 2020. Retrieved April 12, 2020.
^ Kurtz, Josh (May 8, 2020). "Here Are Two Dozen Bills Becoming Law Without Hogan's Signature". Maryland Matters. Retrieved October 7, 2020.
^ Oré, Michella (March 5, 2021). "Connecticut Officially Passes the Crown Act, Making Hair Discrimination Illegal". Glamour. Archived from the original on March 19, 2021. Retrieved May 22, 2021.
^ "New Mexico adopts new law to fight hairstyle discrimination". Santa Fe: Associated Press. April 5, 2021. Archived from the original on April 28, 2021. Retrieved May 22, 2021.
^ Cacciatore, Bella (April 14, 2021). "Delaware Officially Passes the Crown Act, Making Hair Discrimination Illegal". Glamour. Archived from the original on April 27, 2021. Retrieved May 22, 2021.
^ Isaac, Paulina Jayne (May 6, 2021). "The Crown Act Just Passed in Nebraska, Making Hair Discrimination Illegal". Glamour. Archived from the original on May 20, 2021. Retrieved May 22, 2021.
^ Staff, GABBY HART | KSNV (2021-06-23). "Nevada is 12th state to pass CROWN Act, making race-based hair discrimination illegal". KSNV. Retrieved 2022-08-18.
^ "Oregon Department of Education : Creating a Respectful and Open World for Natural Hair (CROWN Act) : About Us : State of Oregon". www.oregon.gov. Retrieved 2022-08-18.
^ Lugo, Dianne. "Oregon's new CROWN Act explicitly prohibits raced-based hair discrimination". Statesman Journal. Retrieved 2022-08-18.
^ "Simmons law to ban hairstyle discrimination in schools to take effect Jan. 1". ISDC. 2021-12-14. Retrieved 2022-01-07.
^ "Gov. Mills signs Sen. Daughtry's bill to protect Mainers from discrimination based on hair texture or hairstyle". Maine Senate Democrats. 2022-05-03. Retrieved 2022-08-18.
^ "Workplace Hairstyle Bias Ban Takes Effect In Tennessee - Law360". www.law360.com. Retrieved 2022-08-18.
^ Ross, Kenya. "La. governor signs CROWN Act into law, nearby states continue to debate legislation". www.kalb.com. Retrieved 2022-08-18.
^ Bill H.4554 (malegislature.gov)
^ Ingram-David, Arielle. "Senate Bill 174 signed at local Black-owned hair salon". www.alaskasnewssource.com. Retrieved 2023-01-20.
^ "'A more equitable Minnesota': Walz signs CROWN Act into law". MPR News. Retrieved 2023-02-02.
^ "HB1576 Bill Information" (PDF). www.arkleg.state.ar.us. Retrieved 2023-06-06.
^ "Abbott signs into law CROWN Act banning race-based hair discrimination". Texas Tribune. Retrieved 2023-05-29.
^ Jordan, Ta'Niyah; Holleman, Krystle (2023-06-15). "Gov. Whitmer signs 'CROWN Act' prohibiting hair discrimination in the workplace". www.wilx.com. Retrieved 2023-06-15.
^ "Governor Katie Hobbs Signs Executive Order Prohibiting Race-Based Hair Discrimination". Office of the Arizona Governor. 2023-03-17. Retrieved 2023-06-16.

[1] Griffin, Chante. "How Natural Black Hair at Work Became a Civil Rights Issue". JSTOR Daily. Retrieved 5 December 2023.

[2] Cann, Amy (April 19, 2023). "Understanding Hair Discrimination and the CROWN Act". New Hampshire Bar News. Mclane Middleton. Retrieved 5 December 2023.

[3] "Colonialism, Hair, and Enslavement". African American Museum of Iowa. Retrieved 5 December 2023.

[When_Black_Women-4] Nasheed, Jameelah (April 10, 2018). "When Black Women Were Required By Law to Cover Their Hair". Vice News. Retrieved April 13, 2020.

[5] Winters, Lisa Ze (January 15, 2016). The Mulatta Concubine: Terror, Intimacy, Freedom, and Desire in the Black Transatlantic. University of Georgia Press. p. 77. ISBN 9780820348971. Retrieved April 13, 2020.

[A_Brief_History-6] Nasheed, Jameelah (August 9, 2019). "A Brief History of Black Hair, Politics, and Discrimination". Teen Vogue. Retrieved April 13, 2020.

[Jenkins-7] "538 F. 2d 164 - Jenkins v. Blue Cross Mutual Hospital Insurance Inc". OpenJurist. Retrieved April 13, 2020.

[Griffith-8] Griffith, Janelle (February 23, 2019). "When hair breaks rules: Some black children are getting in trouble for natural hairstyles". NBC News. Retrieved April 13, 2020.

[CA_ban-9] Chavez, Nicole; Karimi, Faith (July 3, 2019). "California becomes the first state to ban discrimination based on natural hairstyles". CNN. Retrieved April 13, 2020.

[10] Higgins, Jesse (February 27, 2020). "24 states consider bills to ban natural hair discrimination". Evansville: UPI. Retrieved April 13, 2020.

[U.S._House_passage-11] Smith, Erica (September 22, 2020). "Natural-Hair Discrimination Is One Step Closer to Being Banned Nationwide". The Cut. Retrieved October 7, 2020.

[NY_ban-12] Griffith, Janelle (July 15, 2019). "New York is second state to ban discrimination based on natural hairstyles". NBC News. Retrieved March 6, 2020.

[NJ_ban-13] Lewis, Sophie (December 21, 2019). "New Jersey becomes third state to ban discrimination based on hair". CBS News. Retrieved April 13, 2020.

[VA_ban-14] Evelyn, Kenya (6 March 2020). "Virginia becomes first southern US state to ban hair discrimination". The Guardian. New York. Retrieved 12 April 2020.

[CO_ban-15] Hindi, Saja (March 6, 2020). "Colorado becomes 5th state to ban natural hair discrimination". The Denver Post. Retrieved March 6, 2020.

[WA_ban-16] "Ban on Race-Based Hairstyle Discrimination Signed Into Law". U.S. News. Olympia: Associated Press. March 19, 2020. Retrieved April 12, 2020.

[MD_ban-17] Kurtz, Josh (May 8, 2020). "Here Are Two Dozen Bills Becoming Law Without Hogan's Signature". Maryland Matters. Retrieved October 7, 2020.

[18] Oré, Michella (March 5, 2021). "Connecticut Officially Passes the Crown Act, Making Hair Discrimination Illegal". Glamour. Archived from the original on March 19, 2021. Retrieved May 22, 2021.

[19] "New Mexico adopts new law to fight hairstyle discrimination". Santa Fe: Associated Press. April 5, 2021. Archived from the original on April 28, 2021. Retrieved May 22, 2021.

[20] Cacciatore, Bella (April 14, 2021). "Delaware Officially Passes the Crown Act, Making Hair Discrimination Illegal". Glamour. Archived from the original on April 27, 2021. Retrieved May 22, 2021.

[21] Isaac, Paulina Jayne (May 6, 2021). "The Crown Act Just Passed in Nebraska, Making Hair Discrimination Illegal". Glamour. Archived from the original on May 20, 2021. Retrieved May 22, 2021.

[22] Staff, GABBY HART | KSNV (2021-06-23). "Nevada is 12th state to pass CROWN Act, making race-based hair discrimination illegal". KSNV. Retrieved 2022-08-18.

[23] "Oregon Department of Education : Creating a Respectful and Open World for Natural Hair (CROWN Act) : About Us : State of Oregon". www.oregon.gov. Retrieved 2022-08-18.

[24] Lugo, Dianne. "Oregon's new CROWN Act explicitly prohibits raced-based hair discrimination". Statesman Journal. Retrieved 2022-08-18.

[25] "Simmons law to ban hairstyle discrimination in schools to take effect Jan. 1". ISDC. 2021-12-14. Retrieved 2022-01-07.

[26] "Gov. Mills signs Sen. Daughtry's bill to protect Mainers from discrimination based on hair texture or hairstyle". Maine Senate Democrats. 2022-05-03. Retrieved 2022-08-18.

[27] "Workplace Hairstyle Bias Ban Takes Effect In Tennessee - Law360". www.law360.com. Retrieved 2022-08-18.

[28] Ross, Kenya. "La. governor signs CROWN Act into law, nearby states continue to debate legislation". www.kalb.com. Retrieved 2022-08-18.

[29] Bill H.4554 (malegislature.gov)

[30] Ingram-David, Arielle. "Senate Bill 174 signed at local Black-owned hair salon". www.alaskasnewssource.com. Retrieved 2023-01-20.

[31] "'A more equitable Minnesota': Walz signs CROWN Act into law". MPR News. Retrieved 2023-02-02.

[32] "HB1576 Bill Information" (PDF). www.arkleg.state.ar.us. Retrieved 2023-06-06.

[33] "Abbott signs into law CROWN Act banning race-based hair discrimination". Texas Tribune. Retrieved 2023-05-29.

[34] Jordan, Ta'Niyah; Holleman, Krystle (2023-06-15). "Gov. Whitmer signs 'CROWN Act' prohibiting hair discrimination in the workplace". www.wilx.com. Retrieved 2023-06-15.

[35] "Governor Katie Hobbs Signs Executive Order Prohibiting Race-Based Hair Discrimination". Office of the Arizona Governor. 2023-03-17. Retrieved 2023-06-16.

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Discrimination based on hair texture in the United States

History

Legislation

See also

References

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