What legal protections exist for natural hair against discrimination today?

Roots

The very strands that crown our heads carry not merely the legacy of our immediate kin but generations of ancestral wisdom, echoes of resilience, and stories whispered through time. For many with textured hair, this profound connection runs even deeper, for hair has long been a canvas for identity, status, and survival across Black and mixed-race communities. Yet, alongside this rich heritage, a difficult truth persists ❉ the denial of one’s authentic self, specifically through the policing of natural hair, has been a painful thread woven through history. The question of what legal protections exist today for natural hair against discrimination, then, is not a dry legal inquiry, but a vital exploration of how we honor this sacred heritage in modern spaces, ensuring every curl, coil, and braid can flourish without fear of rebuke.

Ancient Echoes of Hair Identity

Across the African continent, prior to the forced displacement of the transatlantic trade, hairstyles were far more than mere aesthetic choices. They served as intricate maps of social standing, age, marital status, tribal affiliation, and even spiritual beliefs. The art of braiding, for instance, was a communal activity, a tender thread passing down cultural knowledge and strengthening social bonds across generations. Hairstyles could convey a person’s identity, their societal role, and personal convictions.

Archaeological findings from ancient Egypt, the Kingdom of Kush, and various West African societies reveal that hair expressions often signified power, spirituality, and social cohesion. In ancient Egypt, the styling of hair or elaborate wigs marked one’s social status, age, or occupation. The more ornate and decorated the hairstyle, often adorned with gold, beads, or other precious materials, the higher one’s social standing and connection to the divine.

Hair has long been a profound marker of identity, weaving together lineage, community, and the spiritual world.

The Weight of Erasure and Resistance

The arrival of enslaved Africans on American soil marked a tragic shift, as colonizers routinely shaved heads upon forced transport, a symbolic act intended to erase identity and sever ancestral ties. In the new world, enslaved individuals had to adapt, using whatever meager resources were available for hair care. Yet, even in the crucible of oppression, acts of defiance persisted.

Braids, especially cornrows, served a dual purpose ❉ a beautiful adornment and, incredibly, a tool for communication and escape, sometimes woven to create maps detailing pathways to freedom. This hidden language, carried within the very structure of the hair, speaks to the immense ingenuity and courage of those who fought to preserve their heritage.

The story deepens with the oppressive “Tignon Laws” of 18th-century New Orleans. Free Creole women of color, known for their elaborate and regal natural hairstyles, were legally compelled to cover their hair with a tignon, a scarf, to mark them as part of the slave class, regardless of their freedom. This historical example powerfully illuminates the direct connection between legal strictures, textured hair heritage, and the Black experience, demonstrating how beauty standards were weaponized to assert social hierarchy and devalue Black womanhood. These laws were designed to prevent Black women from enticing white men, a clear attempt to control their appearance and social mobility.

The end of the 19th century witnessed the widespread adoption of hair-straightening combs, popularized by Madam C.J. Walker, a Black woman who became one of the first African American millionaires. While her business acumen is acknowledged, some historians note that her success coincided with and, in part, reinforced the societal pressure to conform to Eurocentric beauty standards, where straight hair became a marker of middle-class status. The struggle for acceptance often meant altering one’s natural hair texture, a practice that carried both social and economic implications.

Ritual

The very acts of styling and caring for textured hair are rituals, imbued with layers of meaning passed down through generations. These practices, once intimate acts of connection and self-expression, have long been scrutinized and judged by societal norms that prioritize Eurocentric appearances. The push for legal protections for natural hair today is a continuation of this ancestral struggle for self-determination, acknowledging that the way one wears their hair is deeply intertwined with cultural heritage and personal autonomy.

Early Legal Reckonings

The fight for legal recognition of natural hair as a protected characteristic under the umbrella of racial discrimination began in earnest in the latter half of the 20th century, particularly during the Civil Rights Movement. The Afro , a powerful symbol of Black pride and resistance against Eurocentric beauty standards, rose to prominence during the 1960s and 70s. Icons such as Angela Davis wore their natural hair as a political declaration, challenging prevailing norms and affirming their African heritage.

The first natural hair discrimination cases began to surface in the 1970s. A significant early victory arrived in 1976 with the case of Jenkins V. Blue Cross Mutual Hospital Insurance. In this instance, the U.S.

Court of Appeals for the Seventh Circuit upheld a race discrimination lawsuit against an employer for bias against afros, affirming that workers had the right to wear afros under Title VII of the Civil Rights Act of 1964. This ruling was a landmark, recognizing that discrimination based on an afro could indeed be a form of racial discrimination.

However, the legal landscape remained uneven. A setback came in 1981 when a Black woman sued American Airlines because the company demanded she not wear her hair in braids. The court sided with the airline, reasoning that braids were not an “immutable racial characteristic,” unlike the afro. This distinction, between inherent texture and chosen style, created a troubling legal precedent that allowed for continued discrimination against culturally significant hairstyles.

The Hyatt Regency later used this ruling to force an employee, Cheryl Tatum, to resign for wearing cornrows. These decisions placed a heavy burden on Black individuals, often forcing them to choose between their authentic selves and their livelihoods.

The Contemporary Landscape ❉ The CROWN Act

The 21st century witnessed a second wave of the natural hair movement, encouraging individuals to embrace their natural textures and move away from chemical treatments. This renewed movement brought the issue of hair discrimination back into sharp focus, culminating in the legislative efforts around the CROWN Act (Creating a Respectful and Open World for Natural Hair). This legislation seeks to rectify the historical legal loopholes and explicitly protect individuals from discrimination based on hair texture and protective styles associated with race.

The CROWN Act explicitly expands the definition of race in anti-discrimination statutes to include traits historically associated with race, encompassing hair texture and protective hairstyles. These protective styles include, but are not limited to:

• Braids ❉ Intricate interwoven sections of hair, deeply rooted in African traditions.
• Locs ❉ Hair that has been matted and coiled into rope-like strands, a style with spiritual and historical significance.
• Twists ❉ Sections of hair twisted around each other, a versatile and protective style.
• Bantu Knots ❉ A protective style where hair is sectioned and twisted to form small, coiled buns.
• Afros ❉ A voluminous, natural style that celebrates the texture of coiled hair.

California led the way, becoming the first state to ban racial discrimination based on hairstyles when Governor Gavin Newsom signed the CROWN Act into law on July 3, 2019. The Act became effective in California on January 1, 2020, impacting schools and workplaces across the state. Since then, the movement has gained significant momentum.

As of 2024, the CROWN Act has been enacted in at least 24 states across the United States. States like New York, New Jersey, Arkansas, Colorado, Illinois, and Louisiana have followed California’s lead, passing similar legislation or comparable laws. The legislation also garnered support at the federal level, with Senator Cory Booker and Congresswoman Bonnie Watson Coleman introducing companion bills in Congress. While the federal CROWN Act passed in the House of Representatives in March 2022, it did not receive a vote in the Senate.

The CROWN Act represents a vital step in acknowledging and protecting the heritage embedded in textured hair.

The impetus for these laws is clear ❉ discrimination against natural hair persists. A 2019 study commissioned by Dove revealed that Black Women Were 1.5 Times More Likely to Be Sent Home from Their Workplace Because of Their Hair. The same study found that Black women were 80% more likely to change their hair from its natural state to conform to workplace settings. Beyond the workplace, hair discrimination also affects children in schools.

Reports indicate that 66% of Black girls in majority-white schools experience hair discrimination. This disproportionate impact highlights the ongoing need for explicit legal protections.

Relay

The journey for legal protections for natural hair represents a continuous relay, a passing of the baton from ancestors who adorned their coils with reverence to contemporary advocates fighting for the right to simply exist authentically. This section deepens our understanding of the legal frameworks in place today, examining how the concept of racial discrimination is expanding to encompass the unique lived experiences of those with textured hair, ensuring their heritage is recognized and respected within the law.

Broadening the Legal Lens on Race

The foundational challenge in early hair discrimination cases stemmed from a narrow interpretation of existing civil rights laws, particularly Title VII of the Civil Rights Act of 1964. This seminal legislation prohibits employment discrimination based on race, color, religion, sex, or national origin. However, federal courts often interpreted race as covering only “immutable characteristics,” meaning those features that are unchangeable and biologically associated with race, like skin color. Hairstyles, often seen as mutable choices, fell outside this narrow scope, creating a loophole that allowed discriminatory grooming policies to persist.

This legal inadequacy meant that an employer could claim a grooming policy was “race-neutral” even if it disproportionately affected Black individuals wearing natural styles. For instance, a policy banning dreadlocks might be argued as applying to all employees, yet the primary impact falls upon Black individuals, for whom locs hold significant cultural and ancestral meaning. This distinction overlooked the deep historical and cultural ties between Black hair and racial identity, rendering many discriminatory practices permissible under the law.

The CROWN Act directly addresses this critical oversight by expanding the definition of race to include traits historically linked with race, such as hair texture and protective hairstyles. This legislative move acknowledges that discrimination against natural hair is indeed a manifestation of racial discrimination, rather than a mere appearance preference. It confronts the systemic racism that deems certain textures and styles as “unprofessional” or “unkempt” purely because of their association with Black identity.

The legal shift brought by the CROWN Act acknowledges that hair is not merely an aesthetic choice, but an intrinsic expression of racial and cultural heritage.

How Does the CROWN Act Strengthen Existing Protections?

While Title VII of the Civil Rights Act already prohibits employment discrimination based on race, and Title VI prohibits discrimination by federally-funded institutions based on race, the CROWN Act makes it explicitly clear that discrimination based on hair texture and culturally significant hairstyles is prohibited. It offers a robust legal framework by:

1. Defining Race Inclusively ❉ The Act updates the definition of “Race” to encompass characteristics historically associated with race, including hair texture and a range of protective and cultural hairstyles such as Braids, Locs, Cornrows, Bantu Knots, and Afros. This ensures that policies targeting these styles are recognized as racial discrimination.
2. Applying to Multiple Spheres ❉ The CROWN Act applies in both schools and workplaces, aiming to protect individuals from discrimination in educational settings and in their professional lives. This comprehensive scope recognizes that hair discrimination is not confined to one arena but pervades various aspects of Black and mixed-race lives.
3. Challenging Implicit Bias ❉ Proponents of the CROWN Act argue that it helps to counter not only overt racial discrimination but also unconscious bias and policies that appear “facially neutral” but disproportionately harm African Americans. The focus shifts from the perceived “professionalism” of Eurocentric hair standards to the inherent right to cultural expression.

The impact of hair discrimination extends beyond emotional distress; it has tangible economic and educational consequences. Black women, for instance, spend significantly more on hair care and products, partly due to the pressure to conform to Eurocentric beauty standards. Furthermore, instances of hair discrimination have led to job loss or denial of employment.

In schools, Black students have faced disciplinary actions, social ostracism, and psychological distress, sometimes being removed from classrooms or denied participation in events for their hairstyles. A study by World Afro Day found that for one in six Black children, hair discrimination in schools is a problem.

Federal Aspirations and State Realities

Despite widespread state-level adoption, a federal CROWN Act has yet to be fully enacted. The bill passed the House of Representatives in March 2022 but stalled in the Senate, failing to gain enough support to overcome a filibuster. This legislative pause highlights the ongoing struggle to secure uniform national protections, leaving individuals in states without CROWN Act legislation vulnerable to discriminatory practices.

In these areas, individuals may still attempt to bring claims under existing civil rights laws like Title VII, but the success of such claims often hinges on court interpretations that have historically been inconsistent. The CROWN Act aims to remove this ambiguity, ensuring that hair discrimination is unequivocally defined as illegal racial discrimination nationwide.

The movement behind the CROWN Act, supported by civil rights groups and advocacy organizations, continues to press for its passage in all 50 states and at the federal level. This sustained effort underscores the deep cultural significance of natural hair and the unyielding commitment to protect this vital aspect of Black and mixed-race heritage from prejudice. The path forward involves a continued commitment to legal reform, community advocacy, and a societal shift towards truly embracing the diversity and beauty of all hair textures.

Reflection

The journey of textured hair, from its ancient roots as a profound symbol of identity and spiritual connection to its present-day fight for legal recognition, reveals a compelling narrative of resilience and persistent heritage. The threads of ancestral practices, often interwoven with communal care and expressive styling, have withstood centuries of attempts to diminish and erase their significance. Today, the legal protections emerging, particularly through the CROWN Act, are not merely about preventing discrimination in the workplace or school; they are about affirming the sacred bond between individuals and their ancestral legacy.

Each curl, coil, and braid carries within it a living archive, a silent testament to the ingenuity, strength, and beauty of those who came before. Recognizing this, and enshrining it in law, allows the “Soul of a Strand” to truly unfurl, unfettered and celebrated in its authentic glory, connecting us deeply to the wisdom of our collective past and illuminating a path toward a more respectful and accepting future.