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In the United States, discrimination based on hair texture is a form of social injustice that has been predominantly experienced by African Americans and predates the founding of the country. [1] [2] [3]
In the 21st century, multiple states and local governments have passed laws that prohibit such discrimination. California was the first state to do so in 2019 with the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act (SB 188). As of June 2023, twenty-three states have passed similar legislation, but there is no equivalent law at the federal level. A federal CROWN act was proposed in 2020, and was passed by the House of Representatives but not the Senate. Another bill was introduced in the House of Representatives in 2021; it was approved by the House in 2022, and awaits consideration in the Senate.
In May 2024, the Illinois Legislature passed an extensive bill to explicitly protect and extend hairstyle protections within childcare, juvenile detention facilities, youth in care and/or within foster and adopted families - the first US state to do so broadly. The Governor of Illinois is yet to either sign or veto the bill. [4]
In the late 18th century, free Africans in New Orleans were able to buy their freedom from slavery, resulting in an increase of interracial marriage in Louisiana. [5] In response, Charles III of Spain demanded Louisiana colonial governor Esteban Rodríguez Miró to "'establish public order and proper standards of morality,' with specific reference to a "large class" of "mulattos" and particularly "mulatto" women.'" [6] Louisiana women of African descent wore hairstyles that incorporated feathers and jewels, which caught the attention of white men. To comply with Charles III's demand, Miró issued an edict that required Creole women to wear a tignon to conceal their hair. [5]
By the late 1800s, African American women were straightening their hair to meet a Eurocentric vision of society with the use of hot combs and other products improved by Madam C. J. Walker. However, the black pride movement of the 1960s and 1970s made the afro a popular hairstyle among African Americans and considered a symbol of resistance. [5] In 1964, the U.S. federal government passed the Civil Rights Act, which prohibited employment discrimination based on race, but it was left to interpretation by the courts as to what this constituted. [7] In 1970, Beverly Jenkins was denied a promotion in the Blue Cross by her white supervisor due to her afro. [8] In 1976, the federal court case Jenkins v. Blue Cross Mutual Hospital Insurance determined that afros were protected by Title VII of the Civil Rights Act of 1964. However, the case did not extend protections against hair discrimination. [7]
In the 2010s, natural hairstyles saw an increase in popularity in response to celebrities such as Viola Davis, Lupita Nyong'o, Ava DuVernay, and Stacey Abrams wearing natural hair. However, the popularity also resulted in increased attention to dress codes and hair regulations as African American workers and students across the U.S. were subjected to punishment due to their hair. [9] Because of awareness to the issue, California passed the Crown Act in July 2019, becoming the first U.S. state to prohibit discrimination against workers and students based on their natural hair. [10] California's passage of the bill has led many other states to consider similar bills banning hair discrimination and a bill proposed at the federal level by U.S. representative Cedric Richmond and U.S. senator Cory Booker. [11]
In September 2020, U.S. representative Ilhan Omar announced the passage of the Crown Act in the House of Representatives, which would prohibit racialized hair discrimination nationally if enacted. [12]
As of July 2024, 25/50 U.S. states have prohibited discrimination based on hair texture.
State | Date enacted | Notes |
---|---|---|
California | July 3, 2019 | Passed the Crown Act [10] |
New York | July 12, 2019 | Passed an amendment to the New York Human Rights Law [13] |
New Jersey | December 19, 2019 | Passed the Crown Act [14] |
Virginia | March 3, 2020 | Passed the Virginia Human Rights Act [15] |
Colorado | March 6, 2020 | Passed the Crown Act [16] |
Washington | March 19, 2020 | Passed an amendment to the Washington State Law Against Discrimination [17] |
Maryland | May 8, 2020 | Passed without governor's signature [18] |
Connecticut | March 4, 2021 | Passed the Crown Act [19] |
New Mexico | April 5, 2021 | Passed the Crown Act [20] |
Delaware | April 13, 2021 | Passed the Crown Act [21] |
Nebraska | May 5, 2021 | Passed the Crown Act [22] |
Nevada | June 4, 2021 | Passed the Crown Act [23] |
Oregon | June 11, 2021 | Passed the Crown Act [24] [25] |
Illinois | August 13, 2021 | Passed Simmons Law [26] |
Maine | May 3, 2022 | Passed the Crown Act [27] |
Tennessee | May 27, 2022 | Passed the Crown Act; only applies to workplace discrimination [28] |
Louisiana | June 21, 2022 | Passed the Crown Act [29] |
Massachusetts | July 26, 2022 | Passed the Crown Act [30] |
Alaska | September 8, 2022 | Passed "An Act relating to dress codes and natural hairstyles"; only applies to educational discrimination in schools. [31] |
Minnesota | February 1, 2023 | Passed the CROWN Act [32] |
Arkansas | April 10, 2023 | Passed the CROWN Act; only applies to educational discrimination in public schools and state-supported higher education institutions. [33] |
Texas | May 29, 2023 | Passed the CROWN Act [34] |
Michigan | June 15, 2023 | Passed the CROWN Act, amending the Elliott-Larsen Civil Rights Act [35] |
Vermont | July 1, 2024 | Legislation implemented and signed by the Governor, to ban hair style discrimination [36] |
New Hampshire | September 1, 2024 [37] | Legislation implemented and signed by the Governor, to ban hair style discrimination [38] |
In May 2024, by an unanimous voice vote within both houses of the New Hampshire General Court (Legislature) passed a bill prohibiting discrimination based upon hairstyle - the 25th/50 US state to do so. The Governor of New Hampshire signed the bill into law in July 2024 and goes into legal effect on September 1, 2024. [39] [38] [40]
In addition, similar legislation has been introduced in Florida, Georgia, Kansas, Kentucky, Mississippi, Missouri, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Utah, and Wisconsin. An executive order prohibiting discrimination by Arizona state agencies and contractors was signed by Governor Katie Hobbs on March 17, 2023. [41]
Dreadlocks, also known as dreads or locs, are a hairstyle made of rope-like strands of hair. This is done by not combing the hair and allowing it to mat naturally or by twisting it manually. Over time, the hair will form tight braids or ringlets.
The afro is a hair style created by combing out natural growth of afro-textured hair, or specifically styled with chemical curling products by individuals with naturally curly or straight hair. The hairstyle can be created by combing the hair away from the scalp, dispersing a distinctive curl pattern, and forming the hair into a rounded shape, much like a cloud or puff ball.
Bonnie M. Watson Coleman is an American politician serving as the U.S. representative for New Jersey's 12th congressional district since 2015. A member of the Democratic Party, she previously served in the New Jersey General Assembly from 1998 to 2015 for the 15th legislative district. She is the first African-American woman to represent New Jersey in the U.S. House of Representatives.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Michigan enjoy the same rights as non-LGBT people. Michigan in June 2024 was ranked “the most welcoming US state for LGBT individuals”. Same-sex sexual activity is legal in Michigan under the U.S. Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage was legalised in accordance with 2015's Obergefell v. Hodges decision. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Minnesota have the same legal rights as non-LGBT people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBT people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.
African-American hair or Black hair refers to hair types, textures, and styles that are linked to African-American culture, often drawing inspiration from African hair culture. It plays a major role in the identity and politics of Black culture in the United States and across the diaspora. African-American hair often has a kinky hairy texture, appearing tightly coiled and packed. Black hair has a complex history, culture, and cultural impact, including its relationship with racism.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBT) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.
Vermont is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) rights, with most progress in jurisprudence having occurred in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples prior to the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same legal rights as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to a April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Virginia enjoy the same rights as non-LGBT people. LGBT rights in the state are a recent occurrence with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.
Hair twists, flat twists, or mini-twists, are a hairstyle popular with Afro-textured hair around the world, and sometimes with other hair textures. The style is achieved by dividing the hairs into several sections, twisting strands of hair, then twisting two twisted strands around one another. They can also be created with one strand of hair at a time, with a comb. They are not to be confused with larger, longer dreadlocks,.
The Elliott-Larsen Civil Rights Act (ELCRA), or Public Act 453 of 1976, which went into effect in 1977, originally prohibited discrimination in Michigan only on the basis of "religion, race, color, national origin, age, sex, height, weight, familial status, or marital status" in employment, housing, education, and access to public accommodations. A ruling by the Michigan Supreme Court on July 28, 2022 expanded the scope of the law to explicitly include protections for LGBT people. Sexual orientation and gender identity were both formally codified and added to Michigan legislation officially on March 16, 2023 and became Act 6 of 2023. Other classes added to the law since passage include pregnant workers, workers who seek abortions, and hair style and texture.
The CROWN Act is a California law which prohibits discrimination based on hair style and hair texture by extending protection under the FEHA and the California Education Code. It is the first legislation passed at the state level in the United States to prohibit such discrimination.
A protective hairstyle is a term predominantly used to describe hairstyles suitable for Afro-textured hair. These hairstyles are designed to minimize manipulation and exposure of the hair to environmental elements. Factors such as extreme temperatures, humidity, and precipitation can adversely affect hair health. Protective hairstyles are beneficial in mitigating these effects by keeping the hair tucked away and reducing its exposure to potentially damaging conditions.
Esther Agbaje is an American politician serving in the Minnesota House of Representatives since 2021. A member of the Minnesota Democratic–Farmer–Labor Party (DFL), Agbaje represents District 59B, which includes portions of north and downtown Minneapolis in Hennepin County, Minnesota.
Rogers v. American Airlines was a 1981 legal case decided by the United States District Court for the Southern District of New York involving plaintiff Renee Rogers, a Black woman who brought charges against her employer, American Airlines, for both sex and race discrimination after she was dissuaded from wearing her hair in cornrows due to the airline's employee grooming policy. Rogers believed that this hair policy was a violation of her Title VII rights.
The Creating a Respectful and Open World for Natural Hair Act of 2022 was a bill in the United States Congress intended to prohibit discrimination based on an individual's hair texture or hairstyle by classifying such discrimination illegal under federal law. It applied to federally assisted programs, housing programs, public accommodations, and employment. The act was introduced in the House of Representatives by Congresswoman Bonnie Watson Coleman (D-NJ) on March 19, 2021. Senator Cory Booker (D-NJ) introduced a companion bill in the Senate on March 22, 2021. The CROWN Act of 2022 marked the second time the legislation was introduced in Congress.