It’s Never “Just Hair”: The Reality of Hair Discrimination (2024)

High school junior Darryl George was in tears when he was informed that he would be suspended for violating his school’s dress code. In September of 2023, there was a national uproar when George was suspended three times from Barbers Hill High School in Mont Belvieu, Texas. As of January, he hasn’t been in school since Aug. 31, all for wearing his hair in twisted locs. George was suspended the same week Texas signed Dove’s Creating a Respectful and Open World for Natural Hair (CROWN) Act, a bill that prevents discrimination based on hair, into law. George’s school said that his hairstyle was in violation of their dress code, which prohibits male students from having hair that extends past their eyebrows.

George’s family said that all the men in his family wear dreadlocks as a connection to their culture and heritage and that George has been growing dreadlocks for 10 years, but there was never any issue until he was suspended from school. George’s family filed a lawsuit against Governor Greg Abbott, Attorney General Ken Paxton, and the school district where George is enrolled, for failure to enforce the CROWN Act. The trial date has been set for Thursday, Feb. 22.

This trial perfectly represents the reality of one of the lesser-known forms of anti-Black racism that Black Americans are all too familiar with, hair discrimination. Hair discrimination is defined as negative stereotypes towards natural Black hairstyles and textured hair. Hair discrimination goes back hundreds of years and unfairly impacts Black Americans, primarily women, in every facet of their lives.

Anti-Black prejudice towards hair that caused George’s suspension is nothing new, of course. Like all of America’s anti-Blackness, its origins trace back to slavery. Enslaved field workers often covered their hair with scarves, due to the harsh conditions of their work, slaves who worked inside the “big house” often mimicked the hairstyles of their owners, either with wigs or shaping their own hair to match. But when free Creole (French and Black) women in New Orleans began to style their curls in elaborate styles, the city passed the Tignon Laws, requiring these women to cover their hair with a scarf, whether they were enslaved or not, to signify that they were part of the enslaved class.

But during the Civil Rights Movement of the ’60s and ’70s, wearing natural hair became a popular form of protest against bigotry and white-centric beauty standards. Activists such as Angela Davis wore an afro as a staple of rebellion, and Marcus Garvey encouraged Black women to wear their hair naturally. While the Civil Rights Act of 1964 was signed into law, prohibiting racial discrimination in the workplace, it did not account for equal treatment of Black culture at work.

A study from Dove’s CROWN research found that Black women’s hair is two and a half times more likely to be perceived as unprofessional, Black women are 54% more likely to feel like they have to straighten their hair for job interviews and 41% actually did so. In addition, Black women with coily or textured hair are two times as likely to experience microaggressions in the workplace than Black women with straighter hair.

Hair discrimination isn’t only prevalent in the workplace, as it commonly affects children in schools. Examples of Black students being unfairly discriminated against in school can be seen clearly in every corner of the country. In 2017, two Black sisters, Mya and Deanna Cook, were banned from their extracurricular activities and prom, as well as threatened with suspension from Mystic Valley Charter School in Boston, all for refusing to remove their braided hair extensions. The school banned hair extensions in the dress code and told the Cook sisters that their hair was deemed distracting. Incidents of natural hair being penalized are common throughout the years and across the country, from elementary schools in Louisiana, where a girl was humiliated in front of her class when she was sent home for her braided hairstyle, to a high school wrestler in New Jersey, who was forced to cut his dreadlocks or forfeit a match.

This inexcusable discrimination against Black hair puts Black people in a tricky paradox between wanting to be proud of their heritage and culture which those before them fought for them to display, but also being faced with the temptation to straighten their hair to increase their chances of success. It is absolutely archaic to force someone to choose between their culture and their livelihood.

After all the bigotry, prejudice, and microaggressions they endure, Black people, especially women, are just trying to live their lives, but they are subjected to the worst hypocrisy of all: watching white people wear their culturally significant hairstyles and sometimes even being praised for doing so.

Even in recent years, white celebrities have routinely put on Black hairstyles for fun, such as Adele in Bantu knots, Miley Cyrus in dreadlocks, and Kim Kardashian repeatedly wearing box braids. This has even led box braids, a traditional African hairstyle that’s been around for hundreds of years, to be nicknamed “Kim K braids.”

Actress Bo Derek famously wore Fulani braids, a traditional hairstyle from the Fulani tribe of East and West Africa, in the 1979 movie 10. Though Fulani braids are a hairstyle with deep and rich ties to African culture, Derek was credited with popularizing the braids, and the braids were then nicknamed “Bo Derek Braids,” stripping them of their cultural identity.

This harmful effect was most clearly seen in the Rogers v. American Airlines case of 1981, when Renee Rogers, a Black flight attendant who had been working for American Airlines for 11 years, was told by her superiors that her cornrows were in violation of their grooming policy. Rogers sued the airline for race discrimination, claiming that the policy violated her rights under Title VII of the Civil Rights Act of 1964. In court, The Southern District of New York Court sided with American Airlines, claiming that cornrows were a feature that could simply be changed. Since Derek, a white woman, had recently popularized cornrows in 10, the court deemed the style a trend, meaning the American Airlines policy didn’t affect only Black women, so therefore it was not discriminatory.

More recently, these displays of uneducation about the history, culture, nuance, and significance of hair in Black American culture caused uproars on social media, with people claiming white celebrities who wore traditionally Black hairstyles were guilty of cultural appropriation.

Common opponents of the cultural appropriation argument claim that there is no reason to be upset about white people wearing Black hairstyles, saying, “it’s just hair.” But it is never “just hair.”

The effect of white people appropriating Black hairstyles does not exist in a vacuum, but rather it negatively and directly affects Black people, as it can lead people not seeing Black hairstyles as belonging to Black people. And when Black people, especially Black women, try to participate in the culture that is rightfully theirs, it is seen as hopping onto a popular trend.

To respond to the criticism of cultural appropriation with “it’s just hair” is insulting to the culture, heritage, and history of Black women’s hair. It is insulting to what Black people go through when they face constant struggles in every facet of their lives for something as simple as their hairstyles. It is a slap in the face to every Black person who was told their hair was “unprofessional,” “nappy,” “unruly,” or “ghetto,” while white people get to be called “edgy,” “trendy,” and “stylish.” When Cyrus wore dreadlocks to the 2015 VMA’s, fashion TV show Fashion Police tweeted that Cyrus was the “best dressed,” while Fashion Police host Giuliana Rancic and E! red carpet co-host Kelly Osbourne commented on Zendaya’s dreadlocks at the 2015 Oscars, with Rancic saying she felt they “smelled of patchouli,” with Osbourne adding “or weed.”

It’s Never “Just Hair”: The Reality of Hair Discrimination (1)It’s Never “Just Hair”: The Reality of Hair Discrimination (2)

Without all the bias and discrimination that comes with Black hair, multiple Black people experience trouble finding hair stylists that can do their hair, especially for those who live in rural, or mostly white areas. It’s also tough for Black people to access Black hair products in grocery stores. Many large grocery store chains have made a push to include more options for textured hair after many came under fire for locking up Black hair care products in lockboxes only the employees could open with a key. However, out of all the shampoo, conditioner, and styling products offered on Target and H-E-B’s websites, only 45% of hair care products offered on Target’s website were for textured hair, and only 3% of hair care products on HEB’s website were for textured hair.

In addition to Black hair care products being hard to find, they are often more expensive once you are able to. One 13-ounce bottle of SheaMoisture Raw Shea Butter Deep Moisturizing Shampoo costs $11.41 at H-E-B, and $10.99 at Target, compared to a 17.9-ounce bottle of Pantene Pro-V Classic Clean Shampoo, which is $6.29 at Target, and $6.21 at H-E-B. This makes SheaMoisture, on average, 0.51 cents more expensive per ounce than Pantene, despite having 4.9 fewer ounces.

The constant lack of accessible and affordable hair products puts Black people at a systemic disadvantage when caring for something as basic and necessary as their personal hygiene. When products are hard to find and expensive, and when salons do not have employees who are skilled in natural hair care, Black Americans hit a dead end, leaving them no other option but to straighten their hair. Grocery store chains need to carry a wider variety of products, and a wider variety of Black hair care products, as Black hair texture is a spectrum, from curly, to coily, to kinky. The lack of variety in Black hair care products can lead to Black people not only struggling to find Black hair care but also struggling to find Black hair care that can be used on their specific hair type.

So far, the CROWN Act has been signed into law in 23 states, and legislation is in the works in 21. However, it is absolutely crucial that the CROWN Act is signed into law on a federal level. It is abhorrent that hair discrimination has been allowed to persist, and only when the CROWN Act is made a federal law will true equality be achieved.

It’s Never “Just Hair”: The Reality of Hair Discrimination (2024)

FAQs

What is the hair discrimination Act? ›

It prohibits discrimination based on natural hair style and texture, such as locs, cornrows, twists, braids, Bantu knots, fades, afros, and protects the right to keep hair in an uncut or untrimmed state. Specifics of the law vary from state to state and among the localities that have adopted it.

Is it illegal to discriminate based on hair color? ›

Under the federal CROWN Act, hair discrimination is a prohibited form of racial or national origin discrimination.

What court case involves hair discrimination? ›

A judge ruled Thursday that the punishment faced by a Black high school student in Texas for refusing to change his hairstyle does not violate the state's CROWN Act, which prohibits race-based hair discrimination, according to ABC owned KTRK.

Do black girls commonly have negative experiences related to their natural hair? ›

Teasing and unwanted hair touching are just some of the negative experiences Black girls go through because of their hair, according to a new study. Research from the Arizona State University Department of Psychology shows how prevalent it is for young Black girls to have negative experiences related to their hair.

Can employers discriminate against facial hair? ›

To recap: Generally, employers have the right to set and enforce grooming standards and dress codes — even arbitrary ones with no bearing on health, safety or performance. The policies just can't discriminate against or impose an unequal burden on a particular gender, race, or other legally protected group.

What is meant by discrimination? ›

Discrimination means treating some people differently from others. It isn't always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law.

Can I be fired for dying my hair? ›

Hair dye. One of the questions employers often ask is whether employees who dye their hair are protected from discrimination. There are some circ*mstances where employer policies or practices about hair dye could violate nondiscrimination laws even in locations that haven't specifically banned hairstyle discrimination.

Can you go to court with colored hair? ›

If your hair has washable dye in it because you wanted blue hair yesterday, wash it out before you go to court. If it's permanent/semi-permanent dye, at least style that blue hair respectably. If you've noticed a theme being developed here, it's that court is not the place to express yourself.

How is black hair different from white hair? ›

African American hair is typically coarser and has a thicker texture than Caucasian hair. It also tends to have a higher density, giving it a fuller appearance.

What type of crimes might hair evidence be found in? ›

Types of cases in which fiber and hair may be of value as evidence: Assault/Rape/Homicide: These types of crimes often involve personal contact. Therefore, fibers and hairs may be exchanged between victim and suspect and/or their respective environments and apparel.

Can hair evidence be used in court? ›

Forensic hair comparisons, however, meet the criteria required by the Federal Rules of Evidence (FRE 702) and both Daubert and its predecessor, Frye. Hair comparison testimony has been accepted in local, state, and Federal courts regularly for decades (U.S. v. Haskins, 1976; U.S. v.

What is the Texas hair ruling? ›

The Texas CROWN Act strengthened pre-existing constitutional and statutory prohibitions on racial discrimination by amending the Texas Education Code to explicitly prohibit racial discrimination based on students' hair texture or protective styles, such as afros, cornrows, braids, locs and twists (bar culturally ...

Why is Black hair so common? ›

Most people have two functioning copies of the MC1R gene, one inherited from each parent. These individuals have black or brown hair, because of the high amount of eumelanin. It is estimated that more than 90 percent of people in the world have brown or black hair.

Why is African hair different from others? ›

African hair is seen to be much thicker and more dense meaning that the hair follicles are larger. Density represents the amount of hairs that grow from the head, with denser hair resulting from more hairs growing closer together from the scalp. An individual with high-density hair creates a fuller appearance of curls.

Is Black hair more dominant? ›

The allele for black hair (B) is dominant over brown hair (b) and the allele for brown eye (E) is dominant over blue eye (e). Out of the offsprings obtained upon mating a black haired and brown eyed individual (BbEe) with a brown haired and brown eyed individual (bbEE).

What hairstyles does the CROWN Act protect? ›

The law specifically prohibits the enforcement of any grooming or dress code policies that will disproportionately affect people of color and adds natural hair as a protected characteristic associated with race as a protected class; this includes bans on certain styles like Afros, braids, twists, cornrows, and ...

Can an employer dictate how you wear your hair? ›

Yes. In general, employers are allowed to regulate their employees' appearance, as long as they do not end up discriminating against certain employees.

Can an employer fire you for your hair? ›

In California, employers cannot legally discriminate against employees based on natural hair and hairstyles associated with race or ethnicity. SB 188, also known as the CROWN Act, makes it illegal for employers to discriminate based on hair.

How many states have passed the CROWN Act in 2024? ›

"... I have worked tirelessly to pass the CROWN Act and shift culture to mitigate the physical, psychological, and economic harm caused by race-based hair discrimination," she added. California was the first state to sign the act into law back in 2019, and has since been joined by 24 states and the U.S. Virgin Islands.

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