Kara Sears
Discrimination based on hair texture and style is a form of social injustice that has been predominantly experienced by Black and Brown individuals. In 2019, California became the first state to pass a law against hair-based discrimination, known as the CROWN Act (Create a Respectful and Open Workplace for Natural Hair). Since then, multiple states and local governments have followed suit, and there is ongoing legislation at the federal level. The CROWN Act aims to address systemic racism and protect the rights of individuals to wear their hair in their natural texture and style without facing consequences in employment, education, housing, and other areas of life.
| Characteristics | Values |
|---|---|
| First state to pass a law against hair discrimination | California, in 2019 |
| Name of the law | CROWN Act (Create a Respectful and Open Workplace for Natural Hair) |
| Number of states with similar laws as of September 2024 | 27, along with Washington, D.C. |
| Number of states with similar legislation filed or pre-filed as of September 2024 | Over 30 |
| Number of states with such laws as of June 2023 | 23 |
| Number of states with such laws as of 2021 | 18 |
| Federal law status | Proposed in 2020, passed by the House of Representatives but not the Senate |
| Federal law status (as of 2022) | Passed by the House of Representatives, awaiting consideration in the Senate |
| Federal law status (as of May 2024) | Passed by the Illinois Legislature |
| Year the U.S. Army removed minimum hair length requirements and allowed protective hairstyles | 2019 |
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What You'll Learn
The CROWN Act
Discrimination based on hair texture and style has been a form of social injustice predominantly experienced by African Americans. In the 21st century, multiple states and local governments have passed laws that prohibit such discrimination.
The purpose of the CROWN Act is to provide protection against discrimination based on race-based hairstyles by extending statutory protection to hair texture and protective styles. This type of racial or national origin discrimination violates existing federal law, including provisions of the Civil Rights Act of 1964, section 1977 of the Revised Statutes, and the Fair Housing Act. However, some federal courts have narrowly interpreted the meaning of race or national origin, permitting employers to discriminate against people of African descent who wear natural or protective hairstyles.
The CROWN Coalition, founded by Dove, the National Urban League, Color of Change, and the Western Center on Law and Poverty, has been instrumental in advocating for the passage of the CROWN Act nationwide.
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Federal vs state legislation
In the United States, discrimination based on hair texture has been predominantly experienced by African Americans, with a history that predates the country's founding. While there is currently no federal law against hair discrimination, several federal court cases have set important precedents in this area.
In 1976, the Jenkins v. Blue Cross Mutual Hospital Insurance case determined that afros were protected by Title VII of the Civil Rights Act of 1964. However, this case did not extend protections against hair discrimination as a whole. More recently, in 2021, the U.S. Army removed minimum hair length requirements and lifted restrictions on hairstyles like braids, twists, locs, and cornrows, recognising that previous prohibitions were racially discriminatory and unrelated to servicewomen's abilities.
At the state level, California was the first to pass a law against hair discrimination in 2019, with the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act. This law amended the state's Fair Employment and Housing Act to include protections against hair discrimination. Since then, multiple states have followed suit, with 23 states having passed similar legislation as of June 2023, and 27 states, including Washington, D.C., as of September 2024. These laws, commonly referred to as CROWN laws, generally aim to prevent discrimination based on natural hair textures and styles associated with race, ensuring that people, especially Black individuals, are treated fairly in workplaces, schools, and other settings.
While there is no federal law explicitly prohibiting hair discrimination, efforts have been made to enact one. In 2020, a federal CROWN Act was passed by the House of Representatives but not the Senate. Another bill was introduced in the House in 2021 and approved in 2022, but it has yet to be considered by the Senate. These attempts demonstrate a growing recognition of the need for comprehensive legislation to address hair discrimination, which has been a long-standing form of social injustice in the United States.
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Hair-based discrimination
In 1976, the federal court case of Jenkins v. Blue Cross Mutual Hospital Insurance determined that afros were protected under Title VII of the Civil Rights Act of 1964. However, the case did not extend protections against hair discrimination. In the 2010s, natural hairstyles gained popularity, partly due to celebrities such as Viola Davis, Lupita Nyong'o, Ava DuVernay, and Stacey Abrams wearing their hair naturally. This popularity also resulted in increased attention to dress codes and hair regulations, with African American workers and students across the U.S. facing punishment due to their hair.
In 2019, California became the first state to address hair discrimination by passing the CROWN (Creating a Respectful and Open Workplace for Natural Hair) Act, which amended the definition of race in state anti-discrimination statutes to include hair texture and protective hairstyles. Since then, multiple states and local governments have followed suit, and as of September 2024, 27 states and Washington, D.C., have passed similar legislation. These laws, commonly referred to as CROWN laws, generally prevent discrimination based on natural hair textures and styles associated with race.
While there is currently no federal law explicitly prohibiting hair discrimination, a federal CROWN Act was proposed in 2020 and passed by the House of Representatives in 2022 but not the Senate. The CROWN Act aims to strengthen protections against hair-based discrimination by expanding the definition of race in employment, housing, education, and other laws to include definitions of race signified through hair. Additionally, the U.S. Army has removed minimum hair length requirements and lifted restrictions on hairstyles like braids, twists, locs, and cornrows to promote inclusivity and accommodate the hair needs of soldiers.
The New York City Commission on Human Rights affirms that grooming or appearance policies that restrict natural hair or hairstyles associated with Black people generally violate the NYCHRL's anti-discrimination provisions. Individuals who believe they have been subjected to unlawful hair-based discrimination can file a complaint with the Commission's Law Enforcement Bureau within one year of the discriminatory act.
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The impact on Black people
Hair-based discrimination is a form of social injustice that has been predominantly experienced by Black people, including those who identify as African, African American, Afro-Caribbean, Afro-Latin-x/a/o, or those with African or Black ancestry. This type of discrimination predates the founding of the United States and has resulted in Black people facing consequences in school or work environments. For example, Black children have been removed from classrooms, and Black adults have lost their jobs due to their natural hair or hairstyles such as afros, braids, bantu knots, and locs.
Black people, especially Black women, have regularly faced discrimination in schools and workplaces due to their hair texture and styles, with some employers considering natural hairstyles unprofessional. Research suggests that bias against natural hair limits job opportunities for Black women, who are 80% more likely to change their natural hair to conform to social norms or expectations at work. This form of discrimination creates substantial societal and economic harm to Black people who choose not to conform to an employer's grooming standards.
To address this issue, several organizations formed a coalition to advocate for legislation prohibiting hair-based discrimination. As a result, many states have passed laws, commonly known as CROWN (Creating a Respectful and Open World for Natural Hair) Acts, to protect against hair-based discrimination in workplaces and schools. These laws strengthen protections against discrimination by expanding the definition of race in employment, housing, and education laws to include hair texture and styles associated with race.
As of September 2024, 27 states and Washington, D.C., have passed CROWN laws, and over 30 states have similar legislation in progress. While there is currently no federal law explicitly prohibiting hair-based discrimination, a federal CROWN Act has been proposed and passed by the House of Representatives twice, in 2020 and 2022, but it has not yet been approved by the Senate.
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The New York City Human Rights Law
In New York City, the New York City Human Rights Law (NYCHRL) protects the rights of New Yorkers to maintain natural hair or hairstyles that are closely associated with their racial, ethnic, or cultural identities. This includes the right to maintain natural hair, treated or untreated hairstyles such as locs, cornrows, twists, braids, Bantu knots, fades, Afros, and/or the right to keep hair in an uncut or untrimmed state.
The NYCHRL prohibits discrimination by most employers, housing providers, and providers of public accommodations. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The New York City Commission on Human Rights affirms that grooming or appearance policies that ban, limit, or restrict natural hair or hairstyles associated with Black people generally violate the NYCHRL's anti-discrimination provisions.
Hair-based discrimination implicates many areas of the NYCHRL, including prohibitions against race, religion, disability, age, or gender-based discrimination. The NYCHRL must be construed independently from similar or identical provisions of New York State or federal statutes, and exemptions to the law must be construed narrowly to maximize deterrence of discriminatory conduct.
Individuals who believe they have been subjected to unlawful discrimination based on their race or membership in another protected class can contact the Commission at 311 or (212) 416-0197 to file a complaint with the Law Enforcement Bureau within one year of the discriminatory act and within three years for claims of gender-based harassment. They can also file a complaint in court within three years of the discriminatory act.
In 2019, New York followed California's lead and became the second state to pass a CROWN (Create a Respectful and Open Workplace for Natural Hair) Act, amending its New York State Human Rights Law to extend protection against discrimination based on natural hair or hairstyles.
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Frequently asked questions
California was the first state to pass a law against hair discrimination in 2019. The law is known as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act.
The CROWN Act strengthens protections against hair-based discrimination for employees and students. It does so by expanding the definition of race in employment, housing, and education laws to include definitions of race as signified through hair.
As of September 2024, 27 states and Washington, D.C., have passed the CROWN Act.
No, there is currently no federal law against hair discrimination. However, there have been efforts to pass a federal version of the CROWN Act in recent years.
