Abstract

Excerpted From: Sheryl Osakue, Do Not Mess with My Crown: The Crown Act Is a Step for Black Men and Women to Be Accepted and Valued for Their Unique Cultural Expressions, 25 Rutgers Race & the Law Review 147 (2024) (266 Footnotes) (Full Document Requested)

How do you prepare for a job interview? Most people prefer not to wear a wrinkled shirt or high-water pants to avoid looking unprofessional, messy, or unkempt. Unfortunately, Black men and women are left not only preparing the perfect work outfit but also thinking, “How should I style my hair to conform to the image of a [fill in the blank].” This is a conscious or subconscious thought that is the result of Black hair being a common topic in professional settings. The reason and decision to wear certain hairstyles are supposed to be a personal decision. Instead, Black hairstyles are met with a conversation that entails evaluating the competence and appropriateness of Black hair in the workplace, schools, and society.

Hair, in all cultures, establishes a standard that can range from religion, social rank, marital status, age, and other status symbols. Historically, natural hair has been a physical trait and ethnic indicator of people of African descent. Black hair textures vary, but common indicators are thickness, curliness, and kinkiness in comparison to White hair.

Africans began being influenced by the White-dominated culture when they were forcibly removed from their homes during the transatlantic slave trade. The beauty standard and hair requirements for Africans shifted drastically since Black people's natural hair was depicted as a negative and Black people were banned from essential products necessary for their haircare.

Black women experience specific challenges of oppression and microaggressions based on their hair and hair texture, especially because meeting these standards is unachievable without outside resources. Black children are also facing these challenges. Many school dress codes include race-neutral language, but the styles banned are aimed at minority cultural groups.

Black people continue to be threatened in the workplace and school for adoring their natural features. The possible backlash of wearing natural hair ranges from the lack of job promotion to school suspension, job termination, and more. Since Black hair continues to be policed, the Creating a Respectful and Open World for Natural Hair Act (“CROWN Act”) is needed now more than ever. The CROWN Act was created in 2019 by the CROWN coalition. The Coalition is comprised of Dove, Color of Change, the Natural Urban League, and the Western Center of Law & Poverty.

The CROWN Act is seen as a step towards dismantling Eurocentric hierarchies systemically in professionalism. The CROWN Act encourages the end to legal hair discrimination. The legislation represents a subtle but meaningful nuance in anti-discrimination laws for employers across the country. The Act has failed to receive national recognition but has received support from many legislators from different backgrounds.

Part I details the history and evolution of Black hair. Part II discusses hair-based discrimination within the workplace, education spaces, and society. As well the Title VII of the Civil Rights Act of 1964. Part III discusses the CROWN Act and details where the legislation stands at the local, state, and federal levels. The conclusion discusses the need for not only the CROWN Act, but more resources to combat the natural hair bias. As well as, how the CROWN Act is a step for Black Men and Women to be accepted and valued for their unique cultural expressions and challenges existing norms of beauty standards.

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Black women lead the American workforce. Black women also face recurring oppression within the workplace, including microaggressions and lack of job promotion. Specifically, race, gender, and class are three threats to Black women's professions.

Natural hair bias continues to create challenges for Black people at school and work since there is an expectation of how Black women need to look in educational spaces and the workplace. These are expectations influenced by family members, friends, and professional mentors. When these expectations are not met, Black women are left being judged and questioned for their choices. Black women have reported needing courage and support to embark on their natural hair journey. This is different from the stereotype that Black women wear their natural hair to make a statement or rebel.

The CROWN Act is a step towards dismantling Eurocentric hierarchies within the community. This act is meant to reduce stigmatized ideas surrounding natural hairstyles. The CROWN Act extends statutory protection to hair texture and protective styles.

Black people in states that have enacted their own CROWN Acts still face unlawful discrimination. This includes Darryl George of Texas. George is a junior in high school and has been suspended for more than two weeks because of his locs. George and his mother sued Texas Governor Greg Abbott and the state's attorney general. Judge Chap B. Cain III ruled the Barbers Hill school district can enforce *169 the “prohibition of males from wearing hair that extends beyond eyebrows, earlobes or collars even if it's gathers on top of the student's head.” As the court ruled this policy did not violate the Texas' CROWN Act.

This further emphasizes why a federal CROWN Act is necessary. Many policies are written with race neutral words that are explicitly gendered and implicitly aimed at minority cultural groups. States have started to try to advocate for prohibiting discrimination in based on hair and hairstyle preferences. But like all legislation, these acts are not enough because more problems can follow. One piece of legislation cannot fix this issue that has been ignored for so many years. The CROWN Act is a step towards were teaching and redirection.

More than 40% of the U.S. population lives in states that ban discrimination against hairstyles and textures historically affiliated with race. Over 44% of employed Black women live in a state that has not passed the CROWN Act. Currently, state legislatures with Democratic majorities have adopted most of the race-related bias laws. The current administration focuses on issues of social justice and racial equality. So, what's a better time for change than now?

The CROWN Act will not end hair discrimination. The act is an acknowledgment of the Black experience. Unlike correct legal protections, the CROWN Act will provide justice and protection for workers and students.

The CROWN Act is also a step towards education. Black hair has been disregarded for centuries. It is time to discuss Black hair and its significance. This can be done discussing why race-neutral policies are not neutral. Employers and school administrators should review their current grooming policies to ensure they are disproportionately affecting workers. Teachers have acknowledged concerns about their dress codes, but fail to address the underlying issue of race, gender or their intersection. Students will continue to be criminalized and sexualized if there is not a discussion on the current problems. Sensitivity and cultural awareness training is need in these spaces.

Black women deserve and need more affirming spaces to live and work in. Black hair has a rich history and is an expression of identity and culture. The CROWN act needs to be pushed at the local, state, and federal level to address systemic racism that exist in the workplace and educational spaces. We are judged before we open out mouths, it is time to have a conversation about biases to create a respectful and open environment for all. Black women continue to honor the sacredness of Black hair by embracing their natural hair despite the possible negative consequences.

JD Candidate, May 2024 at Rutgers School of Law-Newark. Senior Associate Editor, Rutgers Race & the Law Review.