The CROWN Act: Inclusive Dress Codes Encourage Workplace Diversity
In February of 2007, Abdul-Jabbar Gbajabiamila was hired as a Manager in Training at Abercrombie & Fitch’s Hollister Co. Three months later, he was terminated for wearing his hair in cornrows to work.
The company claimed he had broken their dress code which stated employees had to maintain “clean, natural, and classic hairstyles.” The California state Department of Fair Employment and Housing alleged racial discrimination, but the challenge was dismissed because a judge found that Hollister Co. had also required white employees to remove their cornrows.
In this case, as well as in other hair discrimination cases, cornrows and dreadlocks were found to be “mutable” hairstyles, meaning that they are not natural and can be removed. In contrast, afro hairstyles are “immutable,” meaning it is the person’s natural hairstyle and cannot reasonably be changed. Because of this logic, afro hairstyles often hold up in court in discrimination cases, but cornrows and dreadlocks often do not. However, this is starting to change.
The CROWN Act
The CROWN Act, also known as the “Create a Respectful and Open World for Natural Hair Act”, was first signed into law by Governor Gavin Newsom of California in 2019. The Act defines racial discrimination as “inclusive of discrimination based on traits historically associated with race, including, but not limited to hair texture and protective hairstyles, such as braids, locks, and twists.”
The Act was passed based on many, if not most, employer dress codes enforcing a Eurocentric image of professionalism. There have been studies finding that Black women with natural or cultural hairstyles (such as afros, braids, or twists) are seen as less professional and are less likely to be hired when compared with a candidate conforming to Eurocentric standards such as straight hair. Another study found that Black women are 1.5x more likely to be sent home from work because of their hairstyle and are 80% more likely to change their natural hairstyle to better fit into an office setting.
There are currently no Federal protections against hair discrimination in the United States. The CROWN Act was passed by The House in March 2022 but the Act is often rebuked by politicians who believe it is redundant. Rep. Jim Jordan (R-Ohio) stated that the problem of hair discrimination “is one solved by enforcing our existing laws, not by making this conduct illegal for a second time.”
While supporters wait for the CROWN Act to be passed federally, the Act is being passed state by state, encouraged by organizations such as The Legal Defense Fund. As of July 27, 2022, 18 states have signed the Act into law.
Inclusive Dress Codes
If your company is in a state where the CROWN Act has already been passed, you need to seriously review your dress code and ensure that hair discrimination will not slide. You may want to consider it even if it isn’t yet law in your state because the fight against hair discrimination is gaining momentum federally and may become your reality soon.
An enforced inclusive dress code will not only protect your Black employees but will also protect your company from a potential lawsuit if a bad actor is being discriminatory against a coworker.
Camille Hamilton Pating, an attorney with Meyers Nave in Oakland, California, gives a few tips for creating a nondiscriminatory dress code:
Consider alternatives such as hair ties or hairnets when addressing safety concerns
Be driven by business needs, not personal preference
Equally and fairly implement to all employees
Apply guidelines only to the workplace, not when employees are off duty
Accommodate religious beliefs where appropriate
You can find many examples of inclusive dress code policies online, including this one that recommends leaving sections about grooming out of it completely to avoid discrimination against minorities.
All in all, the CROWN Act is a huge step towards truly neutral dress codes and full support of diversity and inclusion in the workplace. After seeing the momentum this movement has gained in only three years since its first implementation, I believe this is a train that can’t be stopped. And I think you definitely want to get on it before it’s too late.
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