For far too long, Black employees have faced discrimination and barriers simply for wearing their natural hair to work. Hairstyles like braids, locs, and Bantu knots have been deemed “unprofessional” or a violation of ambiguous grooming policies.
This form of race-based hair discrimination has real consequences – hindering career advancement, causing Black applicants to be passed over for jobs, and forcing employees of color to spend excessive time and money altering their natural hair texture to conform to Eurocentric standards.
But change is happening. In 2019, California became the first state to ban racial discrimination based on natural hairstyles and hair textures with the passage of the Crown Act. This groundbreaking law creates a more respectful and open workplace environment where employees can proudly wear their natural hair without unfair judgment or repercussions.
What is the Crown Act?
The Crown Act, also known as SB 188, was signed into law on July 3, 2019 by California Governor Gavin Newsom. It updated the definition of “race” in both the California Fair Employment and Housing Act (FEHA) and the Education Code to be inclusive of traits historically associated with race, explicitly covering hair texture and protective hairstyles.
This legislation prohibits employers and schools from enforcing discriminatory grooming policies that restrict natural hairstyles like afros, braids, locs, twists and knots. By extending statutory protection in the workplace and educational institutions, the Crown Act makes it illegal to discriminate against someone due to their hair texture or chosen protective hairstyle.
The History of Hair Discrimination in the United States
Hair discrimination is deeply rooted in the racist notion that Black physical traits are ugly or unkempt compared to Eurocentric features and hairstyles. Throughout American history, hair texture has been used as a way to categorize races and justify unequal, discriminatory treatment.
While Title VII of the Civil Rights Act of 1964 prohibited discrimination against afros, other natural presentations of Black hair, like braids, were left unprotected. This legal gray area allowed workplace policies to single out and ban hairstyles associated with a particular race.
According to research by Dove:
- Black women are 80% more likely to change their natural hair to meet social norms or expectations at work.
- Black women are 1.5 times more likely to have been sent home or know of a Black woman sent home from the workplace because of her hair.
The Crown Act seeks to dismantle these unjust, outdated standards of professionalism rooted in racial bias.
Workplace Bias and Grooming Policies
A 2017 study by Perception Institute found that Black women’s natural hair is still perceived as less beautiful than straight hair. This perception can translate into blatantly discriminatory workplace grooming policies.
Common examples include:
- Policies that ban or restrict hairstyles like locs, twists, braids, and knots
- Subjective language prohibiting “excessive,” “extreme” or “distracting” hairstyles
- Requirements that hair be kept “neat,” “conservative” or “tidy”
“In a society in which hair has historically been one of many determining factors of a person’s race, and whether they were a second class citizen, hair today remains a proxy for race. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination.” – Text of the Crown Act
These coded policies place an undue burden on Black employees who must spend time and money adhering to Eurocentric standards of groomed hair. Often, the only options are to conform by chemically straightening their hair, wearing wigs or weaves, or risk being passed over for jobs and promotions.
Beyond the financial costs, the psychological toll of feeling you must fundamentally change your appearance to be deemed “professional” is immense.
The Crown Coalition’s Efforts
The Crown Act was driven by the Crown Coalition, an alliance of major civil rights organizations:
- The National Urban League
- Color Of Change
- Western Center on Law & Poverty
- Dove (a Unilever brand)
For years, this coalition has been at the forefront of research, lobbying and awareness campaigns highlighting the discrimination Black individuals face due to their natural hair. Their work paved the way for this historic legislation.
The “Love Your Hair” campaign by Dove helped shine a light on the issue through heart-wrenching stories and data like the findings that Black women are 30% more likely to be made aware of formal workplace policies governing Black hairstyles.
With impassioned advocacy from the Crown Coalition and leadership from Senator Holly J. Mitchell, the Crown Act was able to garner bipartisan support and become law in California.
What the Crown Act Means for Workplaces
The Crown Act sets a new standard – employers can no longer discriminate against workers based on their hair texture or chosen protective hairstyle. Any grooming policies that do so are now illegal.
This requires employers to proactively review and revamp any discriminatory policies or job requirements regarding hairstyles. Subjective language that can be used as a pretext for hair discrimination should be removed. Guidelines should clearly communicate that hairstyles like braids, locs, twists, and knots are permitted and reflected in an inclusive grooming policy.
By fostering a respectful and open workplace culture where employees can wear their natural hair proudly, employers gain significant benefits:
- Attracting top talent that may have been deterred by outdated grooming rules
- Increased employee engagement, loyalty, and retention
- Avoiding costly litigation and complaints for hair discrimination
- Upholding corporate diversity, equity, and inclusion values
Most importantly, the Crown Act allows employees to go to work without the emotional tax of suppressing their racial identity and culture.
Addressing Hair Discrimination Violations
If you are a California employee who has experienced hair discrimination at work, there are legal protections and steps you can take:
- Document all incidents of discrimination, hostility, or disparaging comments thoroughly. Save emails/texts, take notes on date/time/witnesses, etc.
- Escalate to your HR department and follow all formal workplace complaint procedures.
- File a complaint with California’s Civil Rights Department, which enforces the Crown Act under the amended FEHA provisions.
- Consult our employment law attorneys experienced with hair discrimination and racial discrimination cases. We can evaluate your case, advise you of your rights, and take legal action against your employer.
It’s critically important that you do not stay silent. By speaking out, you protect your own rights and also help set a precedent to dismantle race-based hair discrimination.
Your Natural Hair Belongs in the Workplace
The Crown Act marks a pivotal step in combating racism, dismantling Eurocentric norms of professionalism, and allowing individuals to feel welcomed and respected in all their natural beauty.
At Malk Law Firm, we are committed to upholding the Crown Act and fighting for racial equity in the workplace. If you have experienced hair discrimination or any other form of racial bias at work, our California employment lawyers are here for you.
Contact Malk Law Firm today to discuss your hair discrimination case.