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Power in The Crown Final Paper

Mahogany M. Burrus

North Carolina Agriculture and Technology State University

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Abstract

African American hair has been seen as unprofessional and unkept because of its natural

coils, curls, its desire to defy gravity and the history within the tresses for years. From

dreadlocks, afros and braids, some would say these styles are not proper styles for a corporate

workplace and even in some schools. Most recently, there have been cases in certain states that

are challenging the societal norm of what is considered “professional” in terms of hairstyles. I

have done extensive research on the topic of hair discrimnation in America and the history

behind black hair.

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Black people for generations have been faced with many challenges and obstacles that

were set in place to make life more difficult. From historical events such as slavery, segregation,

Jim Crow, the school to prison pipeline and many more. These events were created by the

country’s majority, when you ask those who were not minorities about America’s history many

will downplay its true motive to tear down minority groups.

Even from the beginning of America, African Americans were told they are not enough,

and they would not ever be enough. Many were forbidden to receive education, they were called

terrible names and treated even worse. So, with white peoples’ fair skin, straight hair, light

brown or blue eyes and petite bodies being the standard of beauty, black women and men had no

one to remind them of their true power and beauty. Slavery is where the hatred for our looks and

most specially our hair began to stem.

“... it was under slavery that the stereotypes regarding Black hair were created and

reinforced. To have Black hair was to have slave hair. And like everything else about the slave's

being, the hair was controlled by the master. Frequently shaving the hair was a form of

punishment, a further debasement even within the slave population.” (Powell 2019)

During this time black people soon lost love and connection to their hair. They were

deprived of the necessary tools needed to tame our thick, coarse hair. This is probably why in

most slave movies you can see women either with an untamed Afro or their hair would be

covered with a head wrap. Of course those in slavery had more important issues to worry about

like death, losing a family member to a slave trade etc but their hair was not a major concern.

Having negro hair was frowned upon.

“… Black hair was slave hair. “The hair was considered the most telling feature of negro

status, more than the color of the skin." The "negro status" was that of a sub-human with the very
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hair being characterized with non-human qualities such as wool or bush or cotton. By their hair

you could know them, because distinguishing a free Black from a slave was almost immediate by

looking at their hair.” (Powell 2019)

Kinky, curly hair would be an identifier of black slaves, the white slave masters would

make sure that slaves, especially black women, knew that their hair was undesirable. “If hair is a

woman's glory, Black women get none; and the Blacker the woman, the less the glory.”, this was

a common saying in these times.

With the past setting the tone for the future it is no surprise that black people, even today,

are treated differently because of how they choose to wear their hair. Even with the culture shift

where black and brown people start to love themselves, the school systems and big businesses

hurt that progress. I will be telling the stories of a couple black individuals who have been

affected by black hair discrimination.

Back in 2010, Chasity Jones had an interview at Catastrophe Management Systems or

CMS, the position was for a customer service representative. She was selected by CMS after

having all the requirements they requested based off of her online application and above all other

applicants. Showing up to the interview with her short tamed dreadlocks, Jones was offered the

job. Shortly after, Jeannie Wilson who was the HR manager at the time, told her that with her

choice to have locks that CMS would not be able to hire her without her cutting them off.

After being asked to cut her hair, Jones naturally asked Wilson why, she proceeded to tell

her according to the rewire newsgroup ““They tend to get messy, although I’m not saying yours

are, but you know what I’m talking about,”. With that being said, Jones declined the position by

not choosing to change her hairstyle. CMS had a hair policy set in place that requested that an
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employee's hairstyle should have a business/professional image and there could not be any

“excessive” hairstyles or unusual colors.

On Chasity's behalf, the Equal Employment Opportunity Commission or EEOC had filed

a lawsuit against CMS stating that she was subjected to racial hair discrimination which they felt

violated Title VII of the civil rights act of 1964. “The EEOC alleged that race can also

encompass “cultural characteristics related to race or ethnicity,” including “grooming practices”;

and that even though some non-Black people’s hair texture can lock, “dreadlocks are nonetheless

a racial characteristic, just as skin color is a racial characteristic.” (Reily 2018)

In 2014, the U.S. District Court Judge Charles R. Butler dismissed the lawsuit, the EEOC

proceeded with an appeal. So, fast-forward to 2016, stating that the EEOC did not state a

plausible claim that CMS intentionally discriminated against Ms. Jones because of her race.”. A

three- judge panel of the 11th Circuit Court of Appeals sided with the district court ruling by

dissing the case.

Then in 2017, the EEOC asked for a rehearing which was denied by the 11th Circuit.

Their explanation for that was “[D]ismissing the complaint was the correct legal call. Under our

precedent, banning dreadlocks in the workplace under a race-neutral grooming policy—without

more—does not constitute intentional race-based discrimination.”

After continuous failure The EEOC decided not to take the case to the Supreme court and

that is when the National Association for the Advancement of Colored People or NAACP

stepped in. They filed a motion to the court in early 2018, this motion asking the court to allow a

nonparty of the lawsuit to intervene and join the lawsuit without gaining permission from the

original plaintiffs or the defendants. This motion gained no traction, the Supreme Court refused
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which would allow big businesses like the CMS to continue to ban natural hairstyles that are

outside their norm.

According to an article written by CNN, they told the story of teens that have been

subject to hair discrimination. DeAndre Arnold who has had his dreadlocks for years, they were

growing with every year and with that new length would create new problems oddly enough.

Barbers Hill Independent School District, where DeAndre attends school, has a policy about

hairstyles where male students are allowed to wear dreadlocks hair cannot fall below one's

eyebrows or earlobes and must be kept shorter than the top of a T-shirt collar.

DeAndre’s lock fell below his shoulder, he would soon be faced with the decision to

either cut his hair or not be able to attend his graduation or senior prom. The school district

added emphasis by informing him and his family that if he does not comply with the school code

he will be put in in-school suspension and that will be his only option. His family has expressed

that he will not cut his locks due to his father’s Trinidadian culture where growing dreadlocks are

a common part of growing up.

Asia Simo, a high school senior at Captain Shreve high School in Louisiana, had a

passion for cheerleading. Even in her last year of high school she decided to solely focus on

cheer by soccer. A part of their cheer uniform was the “half up, half down” hairstyle, that the

simo family says Asia’s hair was too thick to put in that style. She would begin getting demerits

for not complying with the guidelines.

According to the article the school's statement read “In no such instance, is a single

incident or factor cause for dismissal,” the statement read. “Instead, students are provided every

opportunity to learn from their experiences and to be a part of the team unless they show a

consistent pattern of failing to comply with the affirmed guidelines.”

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Asia was dismissed from the cheer team, she was saddened by this decision, she thought

she’d never want to cheer again. She is now focused on attending college and taking tumbling

classes to perfect her craft.

Reading these stories of how people can be discriminated against because of their hair it

is inspiring to know that states around the country are looking to change this. The CROWN Act

was passed through the senate, after being introduced by Senator Jamaal T. Bailey. The CROWN

Act is an act that “prohibits race discrimination based on natural hair or hairstyles which defines

“race” for certain specific purposes to include, but not be limited to, ancestry, color, ethnic group

identification, and ethnic background, and to include traits historically associated with race,

including but not limited to, hair texture and protective hairstyles; and defines “protective

hairstyles” to include, but not be limited to, such hairstyles as braids, locks, and twists”

Dove made a statement in support of the Act saying “It is our mission at Dove to shatter

beauty stereotypes and ideals, championing women's individual beauty and ensuring it is

respected in culture. For too long, narrow beauty standards in this country have perpetuated

unfair scrutiny and injustice for hairstyles and textures inherent to Black identity and change is

crucial”

With support from Dove and members of the CROWN Coalition, this act has been passed

in New York, New Jersey and California as of May 2019. The passing of this act will allow men

and women of color to not be in fear of being discriminated against because of their choice of

hairstyle, they would be turned away because of their hair being part of their culture. This act is

giving people their power back. A person’s ability to be professional has nothing to do with how

their hair naturally grows out of their scalp.

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In the future, I hope other states will join the CROWN Act and put an end to hair

discrimination. Giving people the ultimatum of taking away their culture, identity and how they

express themselves or only being accepted into society based on certain rules should be

discussed more often.

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Works Cited

Asmelash, L. (2020, March 08). Black students say they are being penalized for their

hair, and experts say every student is worse off because of it. Retrieved December 07,

2020, from https://www.cnn.com/2020/03/08/us/black-hair-discrimination-schools-

trnd/index.html

Dove & The CROWN Coalition Joins Assemblywoman Tremaine Wright (NY) To End
Hair Discrimination In New York State With S6209 The CROWN Act: 'THE CROWN
ACT' Passes with NY Senate Vote 46-16 Prohibiting Race Discrimination Based on
Natural Hair and Hairstyles. (2019, Jun 18). PR Newswire

LeBoeuf, S. (2020, Oct 25). Hulu’s ‘Bad Hair’ talks societal standards for Black

women’s hair. University Wire

Powell, C. (2019). Bias, Employment Discrimination, and Black Women's Hair: Another

Way Forward. Brigham Young University Law Review, 2018(4), 933-968.

3 more states pass laws ending black hair discrimination a/k/a the Crown Act. (2020,

Feb). New York Beacon http://ncat.idm.oclc.org/login?url=https://www-proquest-

com.ncat.idm.oclc.org/docview/2383072158?accountid=12711

Reilly, C. (n.d.). The U.S. Supreme Court Decided to Ignore Black Hair Discrimination

#ABLC.RetrievedNovember24,2020,fromhttps://rewirenewsgroup.com/ablc/2018/05/16/

u-s-supreme-court-ignoring-black-hair-discrimination/