What legal actions address textured hair discrimination today?

Roots

For generations, the very strands that spring from our scalps have told stories. They have been chronicles of identity, markers of belonging, and expressions of spirit, deeply intertwined with the ancestral memory of Black and mixed-race communities. Yet, these very narratives, etched in the coils and crowns of textured hair, have too often met with misunderstanding, judgment, and outright denial in spaces that should welcome all.

This enduring struggle against the policing of natural hair—a struggle that echoes across continents and through centuries—has now found a voice in legal actions, seeking to restore the inherent dignity and freedom of expression that is a birthright. We journey now into the current landscape of these legal efforts, recognizing that each legislative step, each courtroom battle, is not merely about policy; it is about reclaiming a heritage, affirming selfhood, and ensuring that the living archive of textured hair can flourish unbound.

Ancestral Echoes in Legal Frameworks

To truly grasp the contemporary legal actions addressing textured hair discrimination, one must first hear the distant, yet resonant, echoes of history. For countless centuries in Africa, hairstyles were not simply aesthetic choices; they served as intricate systems of communication, denoting age, marital status, social standing, tribal affiliation, and even spiritual beliefs. The Yoruba people, for example, crafted styles that symbolized community roles, while the Himba tribe used a paste of ochre and fat, connecting their hair to the earth and their ancestors. These practices were living traditions, deeply rooted in collective identity.

The transatlantic slave trade, however, violently disrupted these expressions. Enslaved Africans often had their heads forcibly shaved upon arrival, a deliberate act to strip them of their cultural ties and identity. Yet, even in the face of such brutality, the spirit of hair heritage persisted. Braids became covert maps for escape, rice and seeds hidden within them to aid survival.

This resilience, this determination to maintain a connection to ancestral ways, laid the groundwork for the enduring significance of textured hair as a symbol of survival and resistance. The legal battles of today, therefore, are not merely about modern-day prejudice; they are about dismantling the lingering vestiges of a historical subjugation that sought to deny the very selfhood expressed through hair.

The legal actions of today seek to mend historical ruptures, affirming the inherent right to express one’s textured hair heritage without fear of penalty.

Understanding the Textured Hair Codex

At its core, understanding textured hair means acknowledging its unique biological structure, which gives rise to its diverse classifications. Unlike straight hair, the elliptical cross-section and varying curl patterns of coiled hair create a different physiological reality, often leading to dryness and susceptibility to tangling. This biological distinctiveness has, regrettably, been misconstrued through a Eurocentric lens, leading to terms like “unprofessional” or “unclean” being unfairly applied to natural textures.

The lexicon surrounding textured hair has long been fraught with historical biases. Terms such as “nappy” or “kinky” have been used pejoratively, contrasted with “good hair” that aligns with straighter, European standards. Modern legal actions, such as the CROWN Act, directly confront this linguistic and perceptual prejudice by explicitly recognizing and protecting styles like Locs, Braids, Twists, Bantu Knots, Fades, and Afros. These styles, far from being mere fashion trends, are deeply embedded in the heritage of Black and mixed-race communities, representing continuity with ancestral practices and a profound connection to identity.

The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” was born from a long history of racial discrimination and social activism. Introduced in 2019, it amends the definition of race in anti-discrimination statutes to include traits historically associated with race, specifically hair texture and protective hairstyles. This legislative movement gained momentum following egregious instances of discrimination, such as the case of Chastity Jones, whose job offer was rescinded because she refused to cut her locs. These legal efforts are not just about stopping overt acts of discrimination; they aim to dismantle the systemic biases that have historically penalized individuals for simply existing in their authentic hair forms.

Ritual

As we move from the foundational understanding of textured hair’s biological and historical roots, we arrive at the living practices that breathe life into its care and expression. The daily rituals, the intricate styling techniques, and the communal knowledge passed down through generations represent a vibrant, enduring heritage. Yet, within these cherished practices, the shadow of discrimination has long lingered, attempting to dictate how textured hair should appear in public and professional spaces.

This section explores how legal actions are now seeking to safeguard these essential rituals, ensuring that the art and science of textured hair styling can flourish without the threat of prejudice. We reflect on the evolution of these practices and how contemporary legal protections seek to affirm their rightful place, honoring the hands that style and the spirits they adorn.

Protecting Ancestral Styling Techniques

The techniques of textured hair styling are not simply methods; they are a living archive of ingenuity, adaptation, and cultural preservation. From the intricate Cornrows of ancient Africa, used for identification and status, to the Braids that concealed escape routes during enslavement, these styles carry stories. Today, these very styles—locs, twists, braids, and Afros—remain powerful symbols of identity and pride within the African diaspora.

However, the very practices that connect individuals to their heritage have often been deemed “unprofessional” or “unsuitable” in educational and occupational settings. Consider the experiences of Black women, 80% of whom reported feeling the need to change their natural hair to conform to workplace norms. A significant 20% of Black women between 25 and 34 have even been sent home from work due to their hair. These statistics reveal a systemic pressure to abandon traditional styles in favor of Eurocentric aesthetics, severing a vital link to cultural self-expression.

The legal landscape is actively responding to this pressure. The CROWN Act, now enacted in over two dozen states and numerous localities, explicitly prohibits discrimination based on natural hair texture and protective styles. This legislation aims to dismantle the discriminatory policies that have historically targeted Black and mixed-race individuals.

For example, the case of Deandre Arnold, a high school student prevented from participating in his graduation ceremony because of his locs, brought national attention to the need for such protections in educational settings. The CROWN Act directly addresses these injustices, working to ensure that the tender thread of hair heritage remains unbroken.

The Tools of Transformation ❉ Honoring Traditional Wisdom

The tools and products used in textured hair care are equally steeped in history. For centuries, communities across Africa utilized natural ingredients and specific methods to maintain healthy hair. In Chad, for instance, the Chebe ritual, passed down through generations, involves a paste of cherry seeds, cloves, and Chebe seeds applied to the hair, believed to promote growth and luster.

Similarly, shea butter, derived from the shea nut, has been a staple in many African tribes for moisturizing and protecting hair from harsh environmental conditions. These traditional practices, often rooted in ethnobotanical knowledge, represent a holistic approach to hair wellness, viewing hair not in isolation but as part of overall well-being.

The very concept of “thermal reconditioning” or chemical straightening, prevalent in the modern era, often emerged from a desire to conform to dominant beauty standards. This historical pressure to alter natural texture has not only impacted self-perception but also introduced health considerations, with some chemical products linked to adverse health outcomes. Legal actions, by protecting the right to wear natural hair, implicitly reduce the pressure to resort to potentially harmful chemical treatments, thus supporting a more holistic and ancestrally aligned approach to hair health. The ongoing fight for legal recognition of textured hair styles is, in essence, a fight for the freedom to practice these time-honored rituals without fear of professional or social reprisal.

Relay

Having traversed the deep roots of textured hair’s biological makeup and the enduring rituals of its care, we now step into the complex arena where heritage meets the contemporary legal landscape. How does the current legal framework truly serve as a relay, carrying the torch of ancestral wisdom into a future where textured hair is not merely tolerated, but celebrated? This section delves into the intricate mechanisms of legal action, exploring how laws are crafted, challenged, and enforced to safeguard the identity and cultural expression woven into every strand. We consider the profound societal implications of these legal shifts, recognizing that each victory in the courtroom or legislative chamber sends ripples far beyond, reshaping narratives and opening pathways for future generations to embrace their hair heritage without reservation.

The CROWN Act ❉ A Shield for Heritage

The CROWN Act stands as a significant legislative shield against hair discrimination, a direct response to a history where Black and mixed-race hair textures and styles were systematically penalized. Its passage in various states marks a pivotal shift, moving beyond generalized anti-discrimination statutes to explicitly include hair texture and protective styles as traits associated with race. This specificity is vital, as previous legal interpretations often failed to recognize hair discrimination as a form of racial discrimination. For instance, in the 2016 case of EEOC v.

Catastrophe Management Solutions, the Eleventh Circuit Court of Appeals ruled that a company’s refusal to hire a Black woman because of her locs did not violate Title VII, highlighting a critical gap in federal protection. The CROWN Act directly addresses such ambiguities, ensuring that policies prohibiting hairstyles like Locs, Braids, Twists, and Afros are deemed discriminatory.

The impact of this legislation extends beyond individual cases; it aims to reshape societal perceptions that have historically deemed natural Black hair as “unprofessional” or “unruly.” A 2023 study revealed that Black women’s hair is 2.5 times more likely to be perceived as unprofessional, and 66% of Black women change their hair for job interviews. These statistics underscore the deep-seated biases that the CROWN Act seeks to dismantle, not just through legal recourse but by fostering a cultural shift toward acceptance and celebration of diverse hair textures. The act represents a legislative affirmation of the inherent dignity in one’s natural presentation, recognizing that hair is inextricably linked to racial identity and heritage.

Navigating the Legal Landscape ❉ Challenges and Progress

While the CROWN Act has seen considerable success at the state and local levels, its journey to federal adoption continues. Although it passed in the U.S. House of Representatives in March 2022, it did not pass the Senate.

This ongoing effort for nationwide protection underscores the persistent nature of hair discrimination and the need for a unified legal front. Without federal legislation, individuals in states without CROWN Act protections remain vulnerable to hair-based discrimination.

Beyond legislative action, legal challenges often take the form of lawsuits, where individuals seek redress for discriminatory practices. These cases serve not only to compensate victims but also to set precedents and deter future discrimination. The ongoing legal battles, such as those involving students like Deandre Arnold and Andrew Johnson, who faced disciplinary action for their hair, highlight the continuous struggle and the power of legal advocacy. These cases bring to light the lived experiences of those affected, transforming abstract legal principles into tangible narratives of injustice and resilience.

• State-Level Protections ❉ Over 25 states have enacted CROWN Act legislation, providing explicit protections against hair discrimination in workplaces and schools.
• Federal Ambition ❉ The CROWN Act has been introduced and passed in the U.S. House of Representatives multiple times, but federal passage remains an ongoing objective.
• Individual Lawsuits ❉ Cases filed by individuals alleging hair discrimination continue to be important avenues for legal recourse and awareness.

The enforcement of these laws also presents a complex picture. It requires a societal shift in understanding, where biases deeply ingrained over centuries are recognized and challenged. Education plays a vital role, not only for legal professionals but for employers, educators, and the broader public, to understand that discriminating against textured hair is a form of racial discrimination. The legal actions addressing textured hair discrimination today are thus a multifaceted endeavor, a relay race where each participant—legislator, advocate, legal professional, and affected individual—passes the baton of progress, moving closer to a future where the beauty of all hair textures is universally respected and protected.

The Enduring Power of Identity ❉ Hair as a Voice

The legal actions addressing textured hair discrimination are not merely about compliance with statutes; they are about affirming the profound connection between hair and identity, a connection deeply rooted in Black and mixed-race heritage. Hair, in its natural state and protective styles, serves as a powerful medium for self-expression, a visual narrative of history, culture, and personal journey. As Emma Dabiri explores in “Twisted ❉ The Tangled History of Black Hair Culture,” Black hair has been a site of both oppression and profound cultural meaning. The policing of textured hair has historically been a tool of control, aiming to erase cultural markers and enforce Eurocentric beauty standards.

The fight for legal protection is, in essence, a reclamation of this narrative. It allows individuals to wear their Afros, Locs, Braids, and Twists not as acts of defiance, but as authentic expressions of self, free from the burden of societal judgment. The psychological toll of hair discrimination is significant, impacting self-esteem and identity, particularly for children.

A 2021 study revealed that 53% of Black mothers reported their daughters experiencing racial discrimination based on hairstyles as early as five years old. Legal protections, therefore, offer a vital shield for the well-being and confidence of future generations, enabling them to grow up in environments where their hair is celebrated, not scrutinized.

This movement is also about the collective memory of a people. When a Black woman wears her hair in Cornrows, she carries the echoes of ancient African braiding traditions. When a man sports Locs, he connects to a history of spiritual significance and resilience. These styles are not simply cosmetic; they are living testaments to an enduring heritage, a visible link to ancestors who navigated immense challenges while preserving their cultural identity.

The legal actions of today, by securing the right to wear these styles, ensure that this rich heritage can continue to be voiced, celebrated, and passed down, unburdened by the weight of discrimination. It is a profound step toward a world where every strand tells a story of pride, uninhibited and free.

Reflection

As the sun sets on this exploration of legal actions addressing textured hair discrimination, we are left with a deep sense of both progress and the enduring journey ahead. The path toward universal acceptance of textured hair, in all its magnificent forms, is a testament to the unyielding spirit of those who have carried its heritage through centuries of challenge. Each legislative victory, each legal precedent, is a step closer to a world where the intrinsic beauty and cultural significance of every strand is recognized without question. This ongoing work, steeped in ancestral wisdom and propelled by contemporary advocacy, continues to shape a future where the “Soul of a Strand” can truly unfurl, unbound and resplendent, a living, breathing archive of identity and freedom.

References

• Byrd, A. & Tharps, L. L. (2001). Hair Story ❉ Untangling the Roots of Black Hair in America. St. Martin’s Press.
• Dabiri, E. (2020). Twisted ❉ The Tangled History of Black Hair Culture. Harper Perennial.
• Jenkins, N. D. (2025). Global Crowns Project ❉ A Sociological Inquiry into Black Women’s Hair Experiences. (Forthcoming academic publication).
• Ladson-Billings, G. (2009). The Dreamkeepers ❉ Successful Teachers of African American Children (2nd ed.). Jossey-Bass Publishers.
• Parris, M. (2015). The Black Hair Handbook ❉ A Guide to the History, Culture, and Care of Black Hair. Black Dog & Leventhal Publishers.
• Robinson, K. (2011). The Natural Hair Handbook ❉ A Guide to Natural Hair Care. Self-published.
• Rubin Thomlinson. (2022). Don’t Touch My Hair! ❉ A Guide to Investigating Race-Based Hair Discrimination. Rubin Thomlinson LLP.
• Yadav, S. & Chowdhury, S. (2023). Ethnobotanical Advancements in Contemporary Skincare. IGI Global.