Can differing state laws protect textured hair from workplace discrimination?

Roots

When the first rays of the sun kiss the ancestral lands, a story begins. It is a story etched not in stone, but in the very coils and kinks of hair, a testament to identity, resilience, and a legacy stretching across continents. For centuries, the rich heritage of textured hair has served as a profound repository of culture, a visible marker of belonging, lineage, and spiritual connection. Yet, this crown of our ancestors, this vibrant aspect of self, has also been subjected to scrutiny and judgment within spaces that claim professionalism.

The question of whether differing state laws can truly shield textured hair from workplace discrimination reaches far beyond mere legal statute. It plunges into the deepest waters of historical marginalization, societal expectations, and the enduring human spirit that seeks to wear its heritage openly.

To truly grasp the current legal landscape, one must first understand the fundamental nature of textured hair, not just as a biological marvel, but as a living archive of human experience. From the tightly packed spirals of the coiliest strands to the more open waves, each strand carries genetic echoes from the source. The unique elliptical cross-section of textured hair, distinct from the rounder form of straight hair, creates its characteristic curl pattern. This biological specificity, a gift of adaptation across generations, underpins diverse classification systems, both modern and those rooted in traditional understandings.

What Is the Ancestral Understanding of Textured Hair?

Long before scientific microscopes unveiled the intricate structure of the hair shaft, our ancestors recognized hair as more than just physical adornment. In many African societies, hair was a powerful form of communication, a medium for conveying one’s family background, tribal affiliation, marital status, age, wealth, and even spiritual beliefs. Hairstyles could denote whether one was in mourning, preparing for war, or celebrating a new stage of life (Tharps, 2015). This wisdom, passed through generations, recognized hair as a conduit for spiritual interaction, a connection to the divine.

For example, in various West African cultures, the intricate braiding techniques served as a visual language. Specific patterns held deep cultural meaning, often signifying age, marital status, social rank, or even spiritual beliefs. The very act of hair braiding itself was often a communal activity, a sacred ritual that strengthened social bonds and transmitted cultural knowledge from elder to youth (Afriklens, 2024; The Kurl Kitchen, 2024). This historical reverence for textured hair as a symbol of cultural identity provides a critical lens through which to examine subsequent attempts to control or devalue it.

The ancestral veneration of textured hair as a living symbol of identity and spirit stands in stark contrast to later societal efforts to suppress its expression.

The attempt to dictate hair appearance for those with textured hair found its legislative footing centuries ago. Consider the infamous Tignon Laws of 18th-century New Orleans. In 1786, the Spanish colonial governor, Esteban Rodríguez Miró, decreed that free women of color, who often wore elaborate and adorned hairstyles reflecting their status and cultural pride, must cover their hair with a tignon, a headscarf (JSTOR Daily, 2019). This law was designed to create a visible marker, asserting that free Black women were closer to enslaved women than to white women, a means of social control and suppression of identity through legal means.

This historical example powerfully illuminates how state mandates have, for centuries, sought to diminish the cultural significance of textured hair. The Tignon Laws represent an early, overt legal attempt to legislate appearance based on race, directly targeting a visible aspect of Black women’s cultural expression.

How Does Hair Anatomy Reflect Heritage?

The biological architecture of textured hair is, in itself, a reflection of the human journey. The unique helical structure of the hair follicle, which dictates the curl pattern, is a genetic inheritance, a testament to the diverse environments and climates our ancestors navigated. This biological distinctiveness was later weaponized in societal perceptions. During enslavement, the natural state of Black hair was often deemed “unruly” or “unprofessional,” forcing a violent rupture from ancestral practices (Halo Collective, 2024).

Enslaved Africans in the fields often covered their hair, while those in the “big house” sometimes mimicked Eurocentric styles, donning wigs or attempting to shape their hair to emulate their enslavers (JSTOR Daily, 2019). The term “dreadlocks” itself, a style steeped in spiritual and cultural meaning, is believed by some to have originated from slave traders describing Afro-textured hair as “dreadful” after it naturally formed into locs during the traumatic Middle Passage (Halo Collective, 2024).

The legacy of this historical context permeates modern workplace environments. What is deemed “professional” has long been molded by Eurocentric beauty standards, often requiring individuals with textured hair to alter its natural state. A 2019 Dove CROWN Research Study, for instance, found that 80% of Black women felt they needed to change their hairstyle to align with more conservative standards to fit in at work (Dove, 2019; NCDA, 2021). These statistics underscore a deeply ingrained societal bias against natural hair textures in professional settings (McLane Middleton, 2023).

The biological reality of textured hair, its varying curl patterns, densities, and growth directions, necessitates specific care. The essential lexicon of textured hair, whether describing types like Coils, Kinks, Waves, or protective styles such as Locs, Braids, and Twists, is not merely descriptive; it carries the weight of history and cultural affirmation. These terms, often born from lived experience and community dialogue, represent a language of self-acceptance and defiance against homogenizing pressures. The journey of these descriptive terms, from being dismissed as informal to being codified in legal statutes, mirrors the larger fight for recognition and respect of a profound heritage.

Ritual

The daily and ceremonial rituals of hair care, passed down through the generations, are not merely acts of grooming. They are conversations with our heritage, affirmations of identity, and expressions of selfhood. From ancient African villages to the diaspora, these practices have woven a living narrative of care and community, transforming strands into a sacred thread connecting past to present. Yet, these very expressions of culture have often been deemed “unprofessional” in the modern workplace, leading to the legal battles we witness today.

The journey of textured hair through the ages shows a remarkable continuum of adaptation and resilience. Ancestral styling practices were not just about aesthetics; they served practical purposes. Braids, for instance, offered protection from the harsh African sun and aided in hair growth (Fix Salon, 2024). These traditions, carrying centuries of practical wisdom, now find themselves at the center of legislative discussions regarding workplace inclusion.

How Does the CROWN Act Protect Traditional Styles?

The CROWN Act, an acronym for “Creating a Respectful and Open World for Natural Hair,” represents a significant contemporary response to this historical and ongoing discrimination. Initiated in California in 2019, it extends the legal definition of race in anti-discrimination statutes to explicitly include traits historically associated with race, such as hair texture and protective hairstyles (McLane Middleton, 2023; The CROWN Act, 2019). Styles like Braids, Locs, Twists, Afros, and Bantu Knots, which carry profound cultural and historical weight, are now legally protected in states that have enacted this legislation (LDF, 2024).

The law aims to dismantle biases embedded in workplace grooming policies, biases that have long manifested in job offer rescissions, disciplinary actions, and barriers to career advancement (McLane Middleton, 2023; Most Policy Initiative, 2022). The case of Chastity Jones, who had a job offer rescinded because she refused to cut her locs, stands as a stark example of the discrimination that prompted the CROWN Act’s inception (JSTOR Daily, 2019; Harman Firm, 2022). Her case, where the court ruled locs were a “mutable” characteristic not protected by federal anti-discrimination law, highlighted a critical gap in existing civil rights protections (Fisher Phillips, 2020). The CROWN Act seeks to close that gap, affirming that hair choices deeply rooted in racial and cultural identity are not mere fashion statements but fundamental aspects of one’s being.

The passage of the CROWN Act across various states marks a legislative acknowledgement of textured hair as a protected racial trait, confronting long-standing biases.

The movement to pass the CROWN Act across states reflects a growing recognition that freedom of expression, particularly when tied to racial identity, must extend to the workplace. This includes the right to wear hair in styles that resonate with one’s heritage without fear of professional repercussions. The statistics speak volumes ❉ the Dove CROWN Research Study (2019) indicated that Black women are nearly twice as likely to be sent home from work because of their hair (MWH Law Group, 2022). Such findings underscore the critical need for legal safeguards.

Beyond broad definitions, the nuances of differing state laws become important. While many states have adopted the CROWN Act, the specifics of its wording and enforcement can vary. This patchwork of protections across the country means that individuals may find their textured hair safeguarded in one state, but vulnerable in another.

Consider how traditional styling techniques have often been misconstrued in professional environments:

• Cornrows ❉ Historically used for practicality, social status, and even as maps for escape routes during enslavement (Afriklens, 2025; The Kurl Kitchen, 2024). In contemporary settings, they have faced unwarranted scrutiny for being “unprofessional.”
• Locs ❉ A style steeped in spiritual significance and often seen as a symbol of cultural pride and connection to ancestry (JSTOR Daily, 2019; Afriklens, 2024). Yet, they frequently become targets of workplace policies.
• Afros ❉ A powerful symbol of the Black Power Movement, representing self-love and solidarity (JSTOR Daily, 2019; The Kurl Kitchen, 2024). Despite their historical and cultural weight, they have been deemed “unpolished” in professional contexts (Harman Firm, 2022).

The movement to legally protect these styles acknowledges their deeply rooted cultural significance and pushes back against arbitrary standards of professionalism that have historically disadvantaged Black and mixed-race individuals.

The art and science of textured hair styling, therefore, transcends mere aesthetics. It is a living, breathing component of heritage that demands respect and legal protection in all spheres, including the workplace. The differing state laws, by embracing the spirit of the CROWN Act, are beginning to dismantle long-standing barriers, creating spaces where identity and authenticity can truly flourish.

Relay

The journey of textured hair through history is a relay, a passing of the torch from ancient traditions to modern advocacy, all striving for freedom in self-expression. The enactment of differing state laws protecting textured hair from workplace discrimination represents a significant, albeit incomplete, stride in this enduring race for equity. Analyzing these legal shifts requires a deep understanding of the multifaceted interplay between historical oppression, cultural identity, and the persistent pursuit of justice.

While Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, its interpretation by courts regarding hair has been inconsistent and often narrow. Early legal battles yielded mixed results, with some courts protecting afros as racial characteristics, yet denying protection to styles like braids, labeling them “mutable” or changeable traits (JSTOR Daily, 2019; Fisher Phillips, 2020). This legal ambiguity created a vulnerability for Black individuals, leaving them susceptible to discriminatory practices rooted in Eurocentric notions of professionalism.

The EEOC v. Catastrophe Management Solutions case involving Chastity Jones’s locs vividly illustrates this struggle, as the court upheld the employer’s right to rescind a job offer based on grooming policies (JSTOR Daily, 2019; NCDA, 2021).

How Do State Laws Impact Workplace Culture?

The advent of the CROWN Act at the state level has begun to shift this dynamic. California led this legislative movement in 2019, explicitly amending its anti-discrimination statutes to include hair texture and protective hairstyles as characteristics of race (McLane Middleton, 2023; Wikipedia, 2023). This legislative action moves beyond the “mutable vs.

immutable” debate that often plagued earlier cases, directly addressing race-based hair discrimination. As of September 2024, twenty-seven states have enacted some form of the CROWN Act (Respect My CROWN, 2024), establishing a legal framework for greater protection.

State-level CROWN Act legislation offers a crucial, tangible shield against hair discrimination, even as federal protections remain in flux.

Despite this progress, the landscape remains complex. The absence of a federal CROWN Act means that protections vary by state, creating a patchwork of rights across the nation (Most Policy Initiative, 2022). For example, over 44% of Black women currently employed in the United States live in states that have yet to pass the CROWN Act, leaving them vulnerable to hair-based discrimination (Economic Policy Institute, 2023). This regional disparity underscores the ongoing need for broader legislative action and continued advocacy.

The implementation of these laws carries a dual significance. On one side, they offer legal recourse, a mechanism for individuals to challenge discriminatory policies and seek justice. On another, perhaps more profound side, they validate the cultural significance of textured hair.

They send a clear message that ancestral styles and natural hair textures are not “unprofessional” but are integral to one’s identity and heritage. This legal affirmation fosters a sense of psychological safety, allowing individuals to present their authentic selves in professional environments without fear of reprisal.

However, the legal battles are not solely fought in courtrooms. They are also waged in the subtle biases that persist, even in states with CROWN Acts in place. A 2020 US study into hair discrimination found that, in diverse organizations, natural afro hairstyles are commonly deemed unacceptable in the workplace, particularly in corporate environments (Afro hair discrimination, 2024). This suggests that while laws change, deeply ingrained perceptions require persistent cultural shifts alongside legal reform.

Are Hair Product Choices Tied to Ancestral Wellness?

The choices surrounding hair care, particularly for textured hair, are often tied to ancestral wisdom and traditional ingredients that prioritize holistic wellbeing. For generations, natural remedies like shea butter, coconut oil, aloe vera, and various herbal infusions have been used to nourish and protect textured hair (Hair Care Practices from the Diaspora, 2025; Ancestral Hair Rituals, 2025). These practices, rooted in the earth’s bounty, stand in contrast to the chemical relaxers and harsh treatments that gained prominence as individuals sought to conform to Eurocentric standards (McLane Middleton, 2023; The Person Beneath the Hair, 2023).

The health implications of conforming to these standards are significant. A 2020 Harvard University study revealed that some hair products used for straightening contain chemicals known to be endocrine disruptors, linked to serious health issues (McLane Middleton, 2023). A 2022 National Institutes of Health study further reported a higher risk of uterine cancer with women who reported using chemical hair straightening products (McLane Middleton, 2023). This highlights a critical, often unseen cost of hair discrimination ❉ the pressure to conform jeopardizes physical health, severing a connection to ancestral care practices that favored natural elements and holistic wellness.

The ongoing fight for legal protection, therefore, is not merely about job opportunities. It is about safeguarding the right to honor one’s heritage, to prioritize one’s health, and to move through the world authentically. It is a continuation of the ancestral relay, ensuring that the legacy of textured hair, with all its biological splendor and cultural depth, is not just tolerated but celebrated and protected by the very fabric of society.

1. Shea Butter ❉ Used for centuries across West Africa for its moisturizing and healing properties, deeply conditioning hair and scalp (Hair Care Practices from the Diaspora, 2025).
2. Coconut Oil ❉ A staple in many diaspora communities, known for its ability to penetrate the hair shaft and reduce protein loss, offering profound nourishment (Hair Care Practices from the Diaspora, 2025).
3. Aloe Vera ❉ Valued for its soothing and strengthening qualities, used traditionally for scalp health and to promote growth.
4. Castor Oil ❉ Widely used in African and Caribbean traditions to support hair growth and thickness, often massaged into the scalp (Ancestral Hair Rituals, 2025).

The enduring wisdom of these ancestral ingredients underscores a holistic approach to hair care that contrasts sharply with the demands for straightened hair, which historically compelled reliance on potentially harmful chemical treatments.

Reflection

As the sun dips below the horizon, casting long shadows that remind us of the journey traveled, we reflect upon the essence of a strand. Each coil, each kink, each twist in textured hair carries within it not only the blueprint of biology but also the whispers of ancestors, the resilience of communities, and the vibrant echoes of cultural heritage. The question of whether differing state laws can protect textured hair from workplace discrimination finds its answer in the enduring spirit of these strands.

The laws emerging across states, born from centuries of struggle and propelled by modern advocacy, are more than mere regulations. They are acknowledgements of a deep-seated truth ❉ identity, particularly racial identity, cannot be stripped away at the workplace door.

The path has been long, marked by overt attempts to control appearance, as seen in the Tignon Laws, and by the insidious pressures to conform to a narrow vision of professionalism. Yet, from every challenge, a new understanding has arisen, pushing humanity closer to a world where authenticity is not just tolerated but celebrated. The CROWN Act, in its state-by-state progression, stands as a testament to the power of collective voice, a legislative affirmation that hair is not simply hair. It is a crown, a connection to the past, and a declaration of self in the present.

The work, however, is not complete. The varying degrees of legal protection across states, the persistence of subtle biases, and the ongoing psychological and even physical tolls exacted by discrimination remind us that the relay continues. Our shared responsibility now is to ensure that the spirit of these laws permeates every corner of society, cultivating environments where the unique beauty of every textured strand is recognized, respected, and revered. This is how we honor the soul of a strand ❉ by safeguarding its freedom to exist, to express, and to thrive, unbound.