Discrimination based on hair texture in the United States

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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]

Contents

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.

Illinois

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]

History

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]

Legislation

As of July 2024, 25/50 U.S. states have prohibited discrimination based on hair texture.

.mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Passed law that prohibits discrimination based on hair texture Legislation only applies to workplace discrimination based on hair style or texture Legislation only applies to students in schools At least one legislative chamber has passed similar legislation Hair laws by US state.svg
  Passed law that prohibits discrimination based on hair texture
  Legislation only applies to workplace discrimination based on hair style or texture
  Legislation only applies to students in schools
  At least one legislative chamber has passed similar legislation
StateDate enactedNotes
Flag of California.svg  California July 3, 2019Passed the Crown Act [10]
Flag of New York.svg  New York July 12, 2019Passed an amendment to the New York Human Rights Law [13]
Flag of New Jersey.svg  New Jersey December 19, 2019Passed the Crown Act [14]
Flag of Virginia.svg  Virginia March 3, 2020Passed the Virginia Human Rights Act [15]
Flag of Colorado.svg  Colorado March 6, 2020Passed the Crown Act [16]
Flag of Washington.svg  Washington March 19, 2020Passed an amendment to the Washington State Law Against Discrimination [17]
Flag of Maryland.svg  Maryland May 8, 2020Passed without governor's signature [18]
Flag of Connecticut.svg  Connecticut March 4, 2021Passed the Crown Act [19]
Flag of New Mexico.svg  New Mexico April 5, 2021Passed the Crown Act [20]
Flag of Delaware.svg  Delaware April 13, 2021Passed the Crown Act [21]
Flag of Nebraska.svg  Nebraska May 5, 2021Passed the Crown Act [22]
Flag of Nevada.svg  Nevada June 4, 2021Passed the Crown Act [23]
Flag of Oregon.svg  Oregon June 11, 2021Passed the Crown Act [24] [25]
Flag of Illinois.svg  Illinois August 13, 2021Passed Simmons Law [26]
Flag of Maine.svg  Maine May 3, 2022Passed the Crown Act [27]
Flag of Tennessee.svg  Tennessee May 27, 2022Passed the Crown Act; only applies to workplace discrimination [28]
Flag of Louisiana.svg  Louisiana June 21, 2022Passed the Crown Act [29]
Flag of Massachusetts.svg  Massachusetts July 26, 2022Passed the Crown Act [30]
Flag of Alaska.svg  Alaska September 8, 2022Passed "An Act relating to dress codes and natural hairstyles"; only applies to educational discrimination in schools. [31]
Flag of Minnesota.svg  Minnesota February 1, 2023Passed the CROWN Act [32]
Flag of Arkansas.svg  Arkansas April 10, 2023Passed the CROWN Act; only applies to educational discrimination in public schools and state-supported higher education institutions. [33]
Flag of Texas.svg  Texas May 29, 2023Passed the CROWN Act [34]
Flag of Michigan.svg  Michigan June 15, 2023Passed the CROWN Act, amending the Elliott-Larsen Civil Rights Act [35]
Flag of Vermont.svg  Vermont July 1, 2024Legislation implemented and signed by the Governor, to ban hair style discrimination [36]
Flag of New Hampshire.svg  New Hampshire September 1, 2024 [37] Legislation implemented and signed by the Governor, to ban hair style discrimination [38]

New Hampshire

In May 2024, by a 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. [37] [38] [39]

Pending similar hair bills

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. [40]

See also

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References

  1. ↑ Griffin, Chante (3 July 2019). "How Natural Black Hair at Work Became a Civil Rights Issue". JSTOR Daily. Retrieved 5 December 2023.
  2. ↑ Cann, Amy (April 19, 2023). "Understanding Hair Discrimination and the CROWN Act". New Hampshire Bar News. Mclane Middleton. Retrieved 5 December 2023.
  3. ↑ "Colonialism, Hair, and Enslavement". African American Museum of Iowa. Retrieved 5 December 2023.
  4. ↑ Miletich, Mike (2024-05-24). "Illinois House passes bill requiring cultural hair care plans for DCFS youth in care". WAND-TV. Retrieved 2024-07-23.
  5. 1 2 3 Nasheed, Jameelah (April 10, 2018). "When Black Women Were Required By Law to Cover Their Hair". Vice News. Retrieved April 13, 2020.
  6. ↑ Winters, Lisa Ze (January 15, 2016). The Mulatta Concubine: Terror, Intimacy, Freedom, and Desire in the Black Transatlantic. University of Georgia Press. p. 77. ISBN   9780820348971 . Retrieved April 13, 2020.
  7. 1 2 Nasheed, Jameelah (August 9, 2019). "A Brief History of Black Hair, Politics, and Discrimination". Teen Vogue. Retrieved April 13, 2020.
  8. ↑ "538 F. 2d 164 - Jenkins v. Blue Cross Mutual Hospital Insurance Inc". OpenJurist. 26 January 1976. p. 164. Retrieved April 13, 2020.
  9. ↑ Griffith, Janelle (February 23, 2019). "When hair breaks rules: Some black children are getting in trouble for natural hairstyles". NBC News. Retrieved April 13, 2020.
  10. 1 2 Chavez, Nicole; Karimi, Faith (July 3, 2019). "California becomes the first state to ban discrimination based on natural hairstyles". CNN. Retrieved April 13, 2020.
  11. ↑ Higgins, Jesse (February 27, 2020). "24 states consider bills to ban natural hair discrimination". Evansville: UPI. Retrieved April 13, 2020.
  12. ↑ Smith, Erica (September 22, 2020). "Natural-Hair Discrimination Is One Step Closer to Being Banned Nationwide". The Cut. Retrieved October 7, 2020.
  13. ↑ Griffith, Janelle (July 15, 2019). "New York is second state to ban discrimination based on natural hairstyles". NBC News. Retrieved March 6, 2020.
  14. ↑ Lewis, Sophie (December 21, 2019). "New Jersey becomes third state to ban discrimination based on hair". CBS News. Retrieved April 13, 2020.
  15. ↑ Evelyn, Kenya (6 March 2020). "Virginia becomes first southern US state to ban hair discrimination". The Guardian. New York. Retrieved 12 April 2020.
  16. ↑ Hindi, Saja (March 6, 2020). "Colorado becomes 5th state to ban natural hair discrimination". The Denver Post. Retrieved March 6, 2020.
  17. ↑ "Ban on Race-Based Hairstyle Discrimination Signed Into Law". U.S. News. Olympia: Associated Press. March 19, 2020. Retrieved April 12, 2020.
  18. ↑ Kurtz, Josh (May 8, 2020). "Here Are Two Dozen Bills Becoming Law Without Hogan's Signature". Maryland Matters. Retrieved October 7, 2020.
  19. ↑ Oré, Michella (March 5, 2021). "Connecticut Officially Passes the Crown Act, Making Hair Discrimination Illegal". Glamour. Archived from the original on March 19, 2021. Retrieved May 22, 2021.
  20. ↑ "New Mexico adopts new law to fight hairstyle discrimination". Santa Fe: Associated Press. April 5, 2021. Archived from the original on April 28, 2021. Retrieved May 22, 2021.
  21. ↑ Cacciatore, Bella (April 14, 2021). "Delaware Officially Passes the Crown Act, Making Hair Discrimination Illegal". Glamour. Archived from the original on April 27, 2021. Retrieved May 22, 2021.
  22. ↑ Isaac, Paulina Jayne (May 6, 2021). "The Crown Act Just Passed in Nebraska, Making Hair Discrimination Illegal". Glamour. Archived from the original on May 20, 2021. Retrieved May 22, 2021.
  23. ↑ Gabby Hart (2021-06-23). "Nevada is 12th state to pass CROWN Act, making race-based hair discrimination illegal". KSNV. Retrieved 2022-08-18.
  24. ↑ "Oregon Department of Education : Creating a Respectful and Open World for Natural Hair (CROWN Act) : About Us : State of Oregon". www.oregon.gov. Retrieved 2022-08-18.
  25. ↑ Lugo, Dianne. "Oregon's new CROWN Act explicitly prohibits raced-based hair discrimination". Statesman Journal. Retrieved 2022-08-18.
  26. ↑ "Simmons law to ban hairstyle discrimination in schools to take effect Jan. 1". ISDC. 2021-12-14. Retrieved 2022-01-07.
  27. ↑ "Gov. Mills signs Sen. Daughtry's bill to protect Mainers from discrimination based on hair texture or hairstyle". Maine Senate Democrats. 2022-05-03. Retrieved 2022-08-18.
  28. ↑ "Workplace Hairstyle Bias Ban Takes Effect In Tennessee - Law360". www.law360.com. Retrieved 2022-08-18.
  29. ↑ Ross, Kenya (27 June 2022). "La. governor signs CROWN Act into law, nearby states continue to debate legislation". www.kalb.com. Retrieved 2022-08-18.
  30. ↑ Bill H.4554 (malegislature.gov)
  31. ↑ Ingram-David, Arielle (10 September 2022). "Senate Bill 174 signed at local Black-owned hair salon". www.alaskasnewssource.com. Retrieved 2023-01-20.
  32. ↑ "'A more equitable Minnesota': Walz signs CROWN Act into law". MPR News. February 2023. Retrieved 2023-02-02.
  33. ↑ "HB1576 Bill Information" (PDF). www.arkleg.state.ar.us. Retrieved 2023-06-06.
  34. ↑ "Abbott signs into law CROWN Act banning race-based hair discrimination". Texas Tribune. 29 May 2023. Retrieved 2023-05-29.
  35. ↑ Jordan, Ta'Niyah; Holleman, Krystle (2023-06-15). "Gov. Whitmer signs 'CROWN Act' prohibiting hair discrimination in the workplace". www.wilx.com. Retrieved 2023-06-15.
  36. ↑ Cusanelli, Michael (2024-04-25). "Vermont Gov. Phil Scott signs bill preventing hair discrimination into law". WPTZ. Retrieved 2024-07-23.
  37. 1 2
  38. 1 2 "NH expands protections against race-based hair discrimination". New Hampshire Public Radio. 2024-07-05. Retrieved 2024-07-23.
  39. ↑ "Docket of HB1169". gencourt.state.nh.us.
  40. ↑ "Governor Katie Hobbs Signs Executive Order Prohibiting Race-Based Hair Discrimination". Office of the Arizona Governor. 2023-03-17. Retrieved 2023-06-16.
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