The Crown Act Gets Closer to Becoming Law: Is this Progress?

The United States is getting closer to making discrimination against natural Black hairstyles officially against the law. On March 18, 2022, the Crown Act was passed in the House of Representatives, leaving just two more steps for the Act to become federal law. It has to pass in the Senate and then officially be signed into law by the president.

What is the Crown Act?

The “c.r.o.w.n.” in the Crown Act is an acronym for Create a Respectful and Open World for Natural Hair. Created in 2019, the The Crown Act is a law that makes it illegal to discriminate against natural Black hairstyles – like afros, braids, dredlocs, and twists – in the workplace and in public schools. Up until now, individual cities and states have adopted the the Crown Act, thereby giving Black people legal means to retaliate if they feel they’ve been discriminated against because of their hairstyle.

Hypothetically speaking, if a person lives in a city or state that has passed the Crown Act, a child who is forbidden to go to the prom with dredlocks, for example, can take legal action against the school and expect to win. An employee who gets fired for wearing her hair in braids to work, would have legal standing to sue her employer or demand to have her job reinstated. At the time of this writing, only 12 states have actually passed The Crown Act, although a handful of cities have passed it as well. So, the hope is that the Senate will pass this landmark legislation so discrimination against natural Black hairstyles would be illegal across all 50 states.

Will the Crown Act Really Solve the Problem of Anti-Black Bias?

The sad fact of the matter is, even if the Crown Act becomes a federal law, that doesn’t mean it will automatically wipe out the anti-Black racism imbedded in American culture. In other words, even if the law passes, people aren’t going to suddenly be full of a deep appreciation and understanding of Black hairstyles and Black hair culture. In order for that to happen, we would need everybody and their mama to sit down and read Hair Story:Untangling the Roots of Black Hair in America, write a comprehensive book report about it and pass both the written and oral test.

However…

If discriminating against a Black person because of their hairstyle is illegal, at the very least we can expect employers and educators to think twice before enacting racist grooming policies and behaviors. Which means, the law could have a halo effect in reducing the number of actual discrimination cases we see. What’s more, if a Black person does feel their hairstyle is the cause of unequal treatment, they now have a form of recourse to seek compensation.

The Brits are Banning Discrimination Against Black Hairstyles Too

Speaking of halo effects, in the United Kingdom, they have their own version of the Crown Act called, The Halo Code. The Halo Code isn’t an actual law, but the organizers behind the measure are asking every single company and school in the UK to voluntarily adopt the code, which aims to “end hair inequality for good.” It is already technically against the law in the UK to discriminate against somebody because of their hair, but the Halo Code asks the UK government to specifically cite Black hair as needing unique protections in their Equality Act of 2010.

Is The Crown Act Progress or the Admission of Defeat?

It might seem like the passing of The Crown Act is a good thing. A sign of progress. An end to discrimination against Black hair. But I can’t help but think we’ve failed as a nation if we actually need a law to legitimize natural Black hairstyles in the workplace and/or the classroom. My co-author and I wrote the book, Hair Story way back in 2001 thinking if people were educated they would stop making misguided and mean-spirited assessments of Black hairstyles, like cornrows and dredlocks. Instead of seeing these styles as countercultural and crazy, or dirty and dangerous, they would be seen as works of art and an homage to our cultural heritage. Clearly that didn’t happen. (And for the record, white people aren’t the only ones who need this education. Many Black people are just as guilty as their melanin-challenged sisters and brothers of buying into the myth that Black hair in its natural state is inappropriate for public viewing.)

High Hopes for Black Hair

At the end of the day, I do think we’re making significant progress on the hair front as Black people. Over the last twenty years, we have seen many natural Black hairstyles go mainstream. We’ve seen the United States military change its grooming policies and allow natural Black hairstyles that were previously banned. We’ve seen afros, dredlocks, braids, and twists on the red carpets in Hollywood and in fashion weeks all over the world. We’ve seen a natural hair movement give rise to an entirely new generation of Black female hair care entrepreneurs. So, I’m definitely optimistic that we are moving closer to a world where Black men and women can wear their hair however they like, wherever they like, without the fear of losing a job or being kicked out of a classroom. I don’t think The Crown Act is going to be the golden ticket that makes change happen overnight, but it will definitely be a part or the process.

What Do You Think About the Future of The Crown Act?

What do you think about the Crown Act? Do you think it’s going to make a difference in ending discrimination against natural Black hairstyles? More importantly, do you think The Crown Act will pass in the Senate? Leave your thoughts in the comments below. And if you or someone you know needs a deeper understanding of why Black hair matters so much to Black people, please pick up a copy of Hair Story and deep dive into the history.

(Featured photo by: Photo by Kureng Workx)