The CROWN Act Seeks to Remedy Racially-Based

FEATURE DIVERSITY & INCLUSION HAIR LOVE THE CROWN ACT SEEKS TO REMEDY RACIALLY-BIASED NATURAL HAIR DISCRIMINATION

BY SARENA HOLDER

air Love, the poignant discrimination, many state and federal hair type, and protective hairstyles” in the animated short film about a courts have narrowly-construed those definition of “race-based discrimination” black father learning to style protections in a way that permits schools, and prohibits targeting individuals at work, his daughter’s natural hair, workplaces, and other government-funded school, or in public spaces based on these won the hearts of Oscar institutions to discriminate against people of traits. New Jersey Governor Phil Murphy Hvoters and took home the top prize at the African descent who wear natural hairstyles. was particularly motivated to sign the 92nd Academy Awards on February 9, 2020. CROWN Act into law after a December On hand to witness the historic moment The CROWN Act Gains State and Federal 2018 video showed New Jersey high school was DeAndre Arnold — the Texas student Momentum student Andrew Johnson being forced to who gained national attention after his The CROWN Act (an acronym for “Create publicly cut his dreadlocks minutes before a high school refused to allow him to walk a Respectful and Open World for Natural wrestling match in order to avoid forfeiting. at graduation unless he cut his dreadlocks. Hair”), was first signed into law by The video, in which Johnson appears Upon hearing the story, filmmakers California governor Gavin Newsom in July despondent during the haircut, sparked Matthew A. Cherry and Karen Rupert 2019 as SB 188. It prohibits discrimination widespread outrage. Toliver, along with producers Gabrielle based on hairstyle and hair texture by It was this video, along with other viral Union and Dwayne Wade, invited DeAndre extending protection for both categories incidents, that were the catalyst for the to walk the red carpet at the Oscars as under the Fair Employment and Housing December 2019 introduction of a bill in the their guest. During his acceptance speech, Act and the California Education Code. United States House of Representatives to Cherry said of the film, “Hair Love [was] New York soon passed its own version in codify the CROWN Act on a federal level. born out of ... wanting to normalize black Assembly Bill 07797 — an amendment to Drafted and sponsored by Congresswoman hair. We have a real chance here to help the state’s existing Human Rights Law and Ayanna Pressley (D-MA), Senator Cory make hair discrimination illegal through Dignity for All Students Act. The New Booker (D-NJ), and Representatives Cedric The CROWN Act and get it passed as law York State amendment confirms earlier Richmond (D-LA), Marcia Fudge (D- in all 50 states for the people like our special guidelines passed by the New York City OH), and Barbara Lee (D-CA), the federal guest DeAndre Arnold and many more.” council, which protect the rights of citizens iteration of the CROWN Act seeks to include Both the Hair Love win and Cherry’s and visitors to wear “natural hair, treated or hair discrimination as a prohibited form of speech shine a spotlight on a widespread but untreated hairstyles…and/or the right to racial or national origin discrimination. frequently ignored issue — discrimination keep hair in an uncut or untrimmed state” In addition to these state and federal based on natural and protective hairstyles without facing bias. efforts, Montgomery County, Maryland associated with people of African descent, In December 2019, New Jersey became and Cincinnati, Ohio have passed their own including cornrows, dreadlocks, twists, the third state to adopt the CROWN Act. versions of the CROWN Act within the past braids, Bantu knots, and Afros. Although The New Jersey language amends existing year, and similar laws are currently under existing state and federal law can address racial discrimination laws to include consideration in 20 states nationwide. Both some forms of hair discrimination under “traits historically associated with race, the Montgomery County and Cincinnati the auspices of racial or national origin including, but not limited to, hair texture, bills impose fines on perpetrators and

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Cincinnati, OH

Montgomery County, MD

The CROWN Act The CROWN Act is Law is introduced allow victims of discrimination to pursue discrimination against natural hair remains case last year. monetary damages. Most importantly, a significant barrier to the professional In another viral moment, 11-year-old however, each of these measures seek to advancement of people of color, especially Faith Fennidy was sent home from her dismantle a culture of discrimination black women. In particular, the study found Louisiana school for wearing braided experienced by black women and men that 80% of black women feel pressured to extensions, a protective hairstyle that who say they continue to face unwelcome change their hair from its natural state to fit allowed her more flexibility to study and comments, implicit or explicit pressures in at the office, black women are 50% more swim without having to re-style her hair to conform, or even outright punitive likely to be sent home from the workplace every night. The school maintained that measures for failing to straighten or cut because of their hair, and that black women’s her hairstyle violated its policy banning their hair for work or school. hair is three times more likely to be perceived extensions, wigs, and hair pieces of any kind as unprofessional. — a rule that had only gone into effect the Real-World Impact Clearly, DeAndre and Andrew’s stories prior summer. The CROWN Act was conceived by aren’t unique. The NAACP Legal Defense Even actor Gabrielle Union has publically the CROWN Coalition — marketing and Educational Fund currently represents alleged that her departure from the powerhouse Dove/Unilever in conjunction a 7-year-old boy and his family in an television program America’s Got Talent was with the National Urban League, Color of administrative complaint with the Florida partially due to producer complaints that Change, and the Western Center on Law & Department of Education after he was the hairstyles she wore on the show were Poverty. Its mission is to “advance efforts to denied entry to a private school because of “too black.” end hair discrimination and to create a more his locs. The organization was also involved These stories and the Dove study findings equitable and inclusive beauty experience in the case of Chastity Jones, a woman who come as no surprise to Representative for black women and girls.” As an initial step wore her hair in locs and said her job offer Ayanna Pressley, who has been vocal about in furtherance of this mission, Dove funded was rescinded because of her hairstyle. The her hair choices as a Congresswoman a 2019 study that showed that pervasive U.S. Supreme Court declined to hear her and her recent struggles with hair loss.

MARCH 2020 CLEVELAND METROPOLITAN BAR JOURNAL | 15 FEATURE DIVERSITY & INCLUSION

“For too long, black women and girls or a job is undeniably an infringement on question: are policies regarding acceptable have been told that their hair is too curly, their civil rights.” hair styling necessary, or are they evidence too unprofessional, too distracting. As a of entrenched messaging regarding what a Congresswoman, I choose to wear my hair Challenging the Status Quo student or a “professional” should look like? in twists because I want to intentionally Although momentum is building, it is still “It’s important for administrators to look create space for all of us to show up in the currently legal in 47 states to discriminate at the policies they’re putting in place and world as our authentic selves — whether against an individual due to the texture or question why they’ve put them into place,” it’s in the classroom, in the workplace or in styling of their hair. As recently as October Rhimes says. “Why do you feel like somebody the halls of Congress. [T]he CROWN Act… 2019, a North Carolina judge ruled that while having braids is disruptive? Exactly what is a bold step towards ensuring that people calling a Black woman’s natural hairstyle about a braid is disruptive to you? What does can stand in their truth while removing the “unprofessional” qualifies as “offensive,” it it signal? What are you trying to say? What narrative that black people should show up did not “satisfy the demanding severe or does it suggest? You need to start thinking as anything other than who they are.” pervasive standard required to state a claim about your own bias.” Ohio Representative Marcia Fudge views for hostile work environment.” See Tigner v. it as a basic issue of civil rights. On her Charlotte-Mecklenburg Schools, No. 3:18-cv- support of the federal CROWN Act bill 00680-RJC-DSC, 2019 WL 5420105, at Sarena Holder is Counsel in the — “It is disheartening that, in 2019, hair *5 (W.D. N.C. October 23, 2019). Other Mass Tort and Product Liability discrimination creates additional barriers detractors simply see additional legislation group at Tucker Ellis LLP. Her for people of color in education and places as redundant when it is already unlawful to practice focuses on the national of employment. Traditional hairstyles worn harass or treat a person unfairly based on defense of product manufacturers by African Americans are often necessary race, color, or ethnicity. in high-exposure products liability and premises to meet our unique needs, and are a Supporters of the CROWN Act, however — liability matters. She has been a member of the representation of our culture and ethnicity. such as producer and writer Shonda Rhimes CMBA since 2013, and serves on the Diversity & To require anyone to change their natural — encourage those in a position of power Inclusion Committee. She can be reached at (216) appearance to acquire educational resources in schools and workplaces to ask a different 696-5696 or [email protected].

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