How Does the CROWN Act Relate to Textured Hair Heritage and Modern Discrimination?

Roots

Consider for a moment the profound intimacy of hair. It grows from us, an outward manifestation of our inner blueprint, yet it has long been a canvas for collective histories, deeply personal identities, and enduring cultural practices. For those of Black and mixed-race ancestry, textured hair is not merely a biological attribute; it stands as a living archive, a testament to ancestral lineage, resilience, and artistry.

Each coil, every curl, holds echoes of wisdom passed down through generations, whispers of communal rituals, and silent chronicles of journeys across continents. It is within this sacred space that the CROWN Act emerges, a modern legislative endeavor reaching back through time to safeguard what was always meant to be free: the right to wear one’s natural hair without the burden of discrimination.

The relationship between hair and identity for people of African descent is inextricably linked (Johnson & Bankhead, 2014). For many, hair is emotive, symbolic, and an inseparable part of who they are. Before the cruel disruptions of the transatlantic slave trade, hairstyles in Africa were sophisticated indicators of status, age, marital standing, and even spiritual beliefs. Hair was regarded as a sacred part of the body, a conduit for spiritual energy connecting individuals to their ancestors and the divine.

Textured hair, beyond its biological makeup, represents a living historical account for Black and mixed-race communities.

Hair’s Structural Lore

The very fabric of textured hair possesses a unique architectural design. Unlike straight hair which emerges from round follicles, coily and curly strands originate from more oval or elliptical-shaped follicles, causing the hair to spiral and twist as it grows. The angle at which the hair leaves the scalp also contributes to the curl’s formation. At a molecular level, the protein keratin, which builds the hair, is unevenly distributed in curly hair, contributing to its bends and spirals.

Furthermore, the presence of more disulfide bonds, which are strong, permanent connections within the hair’s proteins, determines the tightness of a curl. This inherent design contributes to its distinct qualities: it tends to be drier and more porous, requiring a different approach to care than straighter hair.

Throughout history, this biological distinction has been warped into a social hierarchy. Early hair typing systems, like the “hair gauge” developed in 1908 by German Nazi scientist Eugen Fischer, were designed to assess “proximity to whiteness” based on hair texture, directly contributing to the subjugation of indigenous peoples in places like Namibia. This dark origin story for hair classification systems underlines the enduring historical weaponization of hair texture, transforming a natural characteristic into a tool of racial control.

How Did Early Hair Classifications Contribute to Discrimination?

The classifications, often rooted in colonial perspectives and racial prejudices, created artificial hierarchies. Hair that deviated from European ideals was labeled as “unprofessional,” “unattractive,” or “unclean”. This societal conditioning, passed down through generations, shaped perceptions and contributed to the widespread stigma against Afro-textured hair. The CROWN Act, therefore, does not just address current instances of bias; it confronts a deeply embedded historical legacy.

The legislation expands the definition of “race” in anti-discrimination statutes to include traits historically linked to race, such as hair texture and protective styles like braids, locs, and twists. This legal redefinition is a powerful acknowledgment that discrimination based on hair is, at its heart, racial discrimination. It signals a shift away from a narrow view of race towards one that includes its phenotypic markers.

Ritual

The practices surrounding textured hair are far more than mere beauty routines; they are rituals steeped in ancestral wisdom, communal connection, and deep personal meaning. From ancient African societies to the contemporary diaspora, the act of styling and caring for textured hair has been a conduit for storytelling, a display of social status, and a means of cultural preservation. These practices, born of necessity and artistry, stand as a testament to ingenuity and adaptation, yet they have also been battlegrounds where identity clashes with prevailing, often exclusionary, norms.

Ancestral Styling Techniques and Their Cultural Significance

Across the African continent, a wealth of styling traditions flourished for centuries before European contact. These practices were not random acts of personal adornment; each braid, twist, or adornment held specific meanings, reflecting tribal affiliation, age, marital status, and even spiritual beliefs. Archaeological evidence from ancient Egypt, the Kingdom of Kush, and various West African cultures reveals that hairstyles served as expressions of power, spirituality, and social cohesion.

• Cornrows ❉ Saharan rock paintings from 3500 BCE show intricate cornrow patterns that encoded tribal identity, marital status, and spiritual beliefs, serving as a complex visual language. During the period of enslavement, these very styles became a secret code, with enslaved Africans using cornrow patterns to conceal escape route maps and tool hiding spots, transforming hairstyles into tools of resistance and survival.
• Bantu Knots ❉ These coiled styles, originating from Southern African Bantu-speaking communities, served as both a method of styling and a way to stretch and prepare hair for other looks. They carried cultural weight, often seen in ceremonial contexts.
• Shea Butter ❉ Indigenous tribes throughout Africa have historically used shea butter, extracted from shea nuts, for moisturizing and protecting hair from harsh environmental conditions. It helps to keep hair soft, shiny, and manageable. This practice, a cornerstone of traditional African hair care, persists today due to its efficacy and ancestral connection.

The communal aspect of hair care cannot be overstated. Braiding sessions in many African cultures were not just about creating a hairstyle; they were occasions for storytelling, wisdom sharing, and spiritual connection between generations. This collective ritual solidified community bonds and passed down a legacy of knowledge and care.

The CROWN Act stands as a legal acknowledgment that textured hairstyles carry profound cultural meaning beyond mere aesthetics.

Modern Echoes of Historical Bias

The arrival of enslaved Africans in the Americas brought a systematic assault on these profound hair traditions. Slaveholders routinely cut off the hair of both men and women, aiming to objectify and erase their cultural heritage. Hair texture was weaponized, creating a caste system where those with straighter hair were often granted more favorable treatment. This historical subjugation laid the groundwork for modern discrimination.

In contemporary society, this historical prejudice manifests as bias against natural textured hair in workplaces and schools. Policies prohibiting natural hairstyles like Afros, braids, Bantu knots, and locs have been used to justify the removal of Black children from classrooms and Black adults from employment. This practice, whether subtle or overt, serves to police and control Black and brown bodies, effectively forcing conformity to Eurocentric beauty and professionalism standards.

The CROWN Act directly challenges these discriminatory policies by expanding existing anti-discrimination laws to include hair texture and styles commonly associated with race. It recognizes that forcing individuals to alter their natural hair to conform to a narrow standard is a form of racial discrimination.

Relay

The journey from ancestral practices to modern legislation is a relay of resilience, where each generation passes the torch of self-determination. The CROWN Act, a contemporary legal instrument, takes up this torch, seeking to dismantle the lingering shadows of historical hair discrimination. Its existence speaks to a deep, systemic issue, one where an individual’s natural hair, a gift of their heritage, can become a barrier to opportunity and belonging. This legislative movement is not an isolated event; it represents a significant chapter in the ongoing narrative of civil rights, demanding that societal spaces honor the full spectrum of human identity, particularly the rich diversity of textured hair.

Modern Discrimination in Action

Despite advancements in racial justice, hair discrimination remains a persistent reality. Studies reveal a stark landscape:

• Workplace Bias ❉ Black women are 2.5 times more likely to have their hair perceived as “unprofessional” than white women. In fact, 66% of Black women report changing their hair for job interviews, with 41% altering their hair from curly to straight (Dove and LinkedIn, 2023). Moreover, Black women with coily or textured hair are twice as likely to experience microaggressions at work compared to Black women with straighter hair. Over 20% of Black women between the ages of 25 and 34 have even been sent home from work due to their hairstyles.
• Educational Barriers ❉ The problem extends to schools, where policies banning natural and protective styles have led to disciplinary actions or removal from classrooms, denying Black students valuable instructional time. A striking 66% of Black girls in majority-white schools report experiencing hair discrimination.
• Job Opportunity Loss ❉ Research suggests that Black women with natural hairstyles are less likely to be referred for job interviews than white women or Black women with straightened hair. Approximately 25% of Black women believe they have been denied job opportunities because of their hair, a figure that rises to one-third for women under 34.

This systematic bias is rooted in a cultural paradigm that historically devalued Black hair, often through the lens of white racial supremacy. It operates as a proxy for racial discrimination, leveraging subjective notions of “professionalism” or “appropriateness” to marginalize and exclude.

The CROWN Act’s scope is broader than simply prohibiting unfair treatment; it aims to validate diverse forms of Black cultural expression in public life.

How Does the CROWN Act Address Systemic Inequity?

The CROWN Act seeks to remedy the inadequacies of previous anti-discrimination statutes, such as Title VII of the Civil Rights Act of 1964, which did not explicitly include protections against discrimination based on phenotypical markers like hair texture. By specifically expanding the definition of race to encompass hair texture and protective hairstyles, the CROWN Act closes a crucial legal loophole. It makes it clear that hair-based discrimination is indeed racially motivated.

The movement for the CROWN Act, initiated in 2018 by four Black women ❉ Esi Eggleston Bracey, Kelli Richardson Lawson, Orlena Nwokah Blanchard, and Adjoa B. Asamoah ❉ has expanded into a broad coalition advocating for national legislation. California led the way in 2019, enacting the first state-level prohibition against such discrimination.

As of September 2024, 27 states, alongside Washington, D.C. have passed CROWN laws, with a strong push for a federal version.

This legislation has already begun to shift corporate policies. For example, UPS proactively changed its hair policies in late 2020 to support freedom for employees to wear natural Black hairstyles, moving away from prior restrictions. The impact of the CROWN Act extends beyond legal recourse; it sends a clear message that cultural expression through hair should not be a barrier to employment or education. It aims to foster environments where individuals can thrive without sacrificing a fundamental aspect of their identity.

Reflection

The winding journey of textured hair, from its ancient sacred origins to its modern-day assertion in legal frameworks, paints a portrait of unwavering spirit. It is a story told not just in legislative texts, but in every curl that defies gravity, every braid that binds generations, and every coil that speaks of ancestral knowledge. The CROWN Act, in its quiet power, endeavors to safeguard this legacy, allowing each strand to whisper its unique truth without fear of judgment. It is a testament to the idea that true societal progress involves honoring every person’s authentic expression, particularly those expressions so deeply rooted in a collective past.

The ‘Soul of a Strand’ ethos reminds us that hair is more than keratin and bonds; it is identity, history, and a future unbound. As the understanding of textured hair’s biological intricacies aligns with its profound cultural weight, we find ourselves at a moment of profound recognition. The path ahead calls for continued advocacy and education, ensuring that the protections laid down by the CROWN Act resonate through every classroom, every workplace, and every mirror, allowing all individuals to wear their heritage with pride and freedom.