Introduction
Diversity and inclusivity are current trends that are integrated into the workplace environment. It aims to ensure justice and equity by ensuring everyone’s views are crucial. However, it is essential to examine black women’s oppression as they get discriminated against in the workplace. Hair discrimination is an injustice directed at black women and has not received maximum attention despite its frequent manifestation in the workplace. It is part of grooming discrimination that has no relationship with a person’s work performance and qualifications.
Black women are likelier to be fired because of their hairstyle (Langley, 2021). Others are even required to change their hairstyle to be allowed to work. Their hairstyle is often perceived as unprofessional despite being an immutable characteristic for black people. Black women’s hair discrimination in the workplace has resulted in diversity, equity, and inclusion (DEI) issues that negatively impact their lives.
DEI Compliance Issues
Discrimination Against Black Women’s Hair in the Workplace
DEI issues regarding black women’s hair being discriminated against in the workplace include failure to be included in job recruitment, discriminatory policies, and microaggressions. Many black women have experienced hiring bias after completing their careers despite being qualified for work positions. According to Goodman (2021), black women may promote one’s unconscious bias, making a person less reliable to a given employer. Most black women applying for work positions receive a negative job rating because of their hair.
Throughout the history of the United States, discrimination against black people has been massive, extending to job positions even if a black woman has met the necessary qualifications. There have been many cases of black women discrimination despite being qualified for job positions (Goodman, 2021). Although the CROWN Act was passed in 2019 to help reduce discrimination based on immutable characteristics, certain forms of natural black hair are still unacceptable.
Workplace Policies and Pressure to Conform to Eurocentric Standards
Many workplaces in the United States of America have policies regarding professionalism and how employees are required to dress. This may lead to unintentional discrimination, especially in policies that guide the grooming codes. Some workplaces pressure black women to change their hairstyle to Eurocentric, which is challenging (Robinson, 2020). Black women differ with these policies as they have different skin colors and different hairstyles. The hairstyle policy makes black women uncomfortable at work as it appears to be forceful assimilation (Robinson, 2020).
Black women are frequently required to change their hairstyles when at work without considering their ethnic background (Robinson, 2020). Black women of African descent have different hair textures, making most of their natural hairstyles perceived as unprofessional (Robinson, 2020). For example, American Airlines introduced a grooming policy restricting braided hairstyles (Robinson, 2020). African American women such as Renee Rodgers, who was used to their natural hairstyle, were affected by this policy (Robinson, 2020). Renee filed a lawsuit in the Southern District of New York claiming that African natural hairstyles like the braid are historically and culturally significant among black women.
However, the court favored the company by arguing that the adopted policy set professionalism in all employees irrespective of race. The court argued that hair is a mutable choice despite being associated with social and cultural identity (Robinson, 2020). The court dismissed the case on the basis that the policy employed by the company is part of employment practices. Nonetheless, Renee’s hairstyle has a cultural significance that the court should have considered and not a type of hairstyle that a person can select from since it is natural hair. Furthermore, Renee was allowed to keep her hairstyle outside work as the company suggested that she should use hair wrap while at work (Robinson, 2020). The policy change implied that no employee must have a braided hairstyle, which affects black women employees since it is part of their natural hairstyles.
Cultural Significance of Hairstyles Among Black Women
Hair in every culture is used as an identification standard for marital status, religion, age, and social. In African culture, a person’s hairstyle symbolizes the rank that one holds and also the status (Ellis-Hervey et al., 2016). Attempts have been made to suppress the beauty of the black hair of African American women, where European features were used as the acceptable standards for beauty. This began during slavery when the Europeans shaved Africans once they arrived in the United States of America (Ellis-Hervey et al., 2016). This activity was used to symbolize the removal of Africans from their culture. The dehumanization of enslaved Africans in the United States began to take effect as they were identified as a different species due to being black in both body and hair.
African hair was identified as “wool,” while Americans had “hair” (Ellis-Hervey et al., 2016, p. 3). This mentality made the slaves cover their heads with rags, and some ironed their hair to avoid abuse and reach acceptable standards. Sundays were off-day for the enslaved people, and African American women who were enslaved people used to gather and braid their hair. This resulted in the development of braided hairstyles, which lasted for weeks (Ellis-Hervey et al., 2016). However, they were not allowed to use combs, which made them utilize herbal treatments, kerosene, and bacon grease as cleansers and hair conditioners.
Racial Hair Microaggressions and Their Effects on Black Women’s Professional Experiences
Racial hair microaggressions against African American women are a DEI crisis hidden in American society. Many people use microaggressions without noticing the impression they are giving. They are slight targets directed at minority groups such as African women with Black hair (Thomas, 2021). Although American society has measures that guide equal opportunities for every citizen, racial microaggressions are still persistent in the workplace.
African American women with black hair face a key challenge in the workplace, considering that women trying to climb the ladder of success in a male-dominated society usually face difficulties (Thomas, 2021). This makes Black American women to be victims of microaggressions that are directed to their selected hairstyle. African American women face the issue of inequality together with hair discrimination in the name of “settling” in the workforce (Thomas, 2021, p. 2). This implies that they are not supposed to complain about microaggression as they need to be thankful for the positions given.
Most Black women have opted to be silent towards the microaggressions they experience at work. Although they are discrimination against African American hair, they are not addressing the problem because of fear of losing their jobs (Thomas, 2021). Although some black women perceive microaggressions as part of life, to others, it results in mental problems (Thomas, 2021). Most microaggressions that Black women face are only handled through talking with their friends, family members, and co-workers to enable them to cope with the situation. The issues cannot be reported to the management, which makes it a critical DEI issue as it exists in the workplace, yet they are not getting enough attention (Thomas, 2021).
African American women tend to experience microaggressions through questions, comments, and touching of hair. Some questions revolve around whether one’s hair is real and why the hairstyle tends to differ from the rest of the employees (Thomas, 2021). Such questions dehumanize black women, affecting their performance and work contribution (Thomas, 2021). Everyone has a right to a specific hairstyle, and questioning why one selected to use an acceptable style such as a braid promotes microaggression.
Topic Relation to Lived Experience of Diversity in the Workplace
The Importance of Addressing Black Women’s Hair Discrimination in DEI Initiatives
The topic of black women’s hair discrimination relates to the real experience of diversity in the workplace, as DEI focuses on ensuring that people of different backgrounds can co-exist productively. This will eliminate workplace barriers such as racial discrimination that black women face. It also ensures that inclusivity is maintained as people come from different backgrounds. It permits everyone to be themselves by expressing cultural variation constructively. Implementing policies such as the CROWN Act to manage workplace discrimination against black women’s hair is helpful as it promotes their employability and freedom of expression regarding their appearance.
Case Study: Chastity Jones and Hair Discrimination in Employment
There have been several lived experiences regarding discrimination against black women’s hair. In 2010, chastity Jones applied for a job at Catastrophe Management Solutions as a customer representative (Griffin, 2019). The company accepted Jones’s application, but the offer required her to remove her locs (Griffin, 2019). Jones refused to change her hairstyle, and the company decided to take away the job offer (Griffin, 2019). The manager claimed that the hairstyles tend to get messy. The Equal Employment Opportunity Commission (EEOC) filed a lawsuit, which was dismissed in 2013(Griffin, 2019).
In 2016, the 11th Circuit Court of Appeals dismissed the case, maintaining the previous ruling. For a significant period, multiple cases revolving around intermittent factors were filled but dismissed, portraying mixed results on hair discrimination. These judicial rulings have created court uncertainties regarding black women (Griffin, 2019). Discrimination against black women has existed for centuries in the United States (Griffin, 2019). With the development of the CROWN Act, employers found guilty of practicing racial bias face legal consequences, which creates fear of committing such crimes, lowering black women’s hair discrimination.
The CROWN Act: Legal Protections Against Hairstyle Discrimination
In protecting against workplace discrimination involving black women’s hairstyle, a court will check the scope of the situation and determine whether it falls under Title VII. When it is outside it, the CROWN Act is used. CROWN Act ensures that a person is not denied educational or employment opportunities because of a person’s protective hairstyle or texture (Robinson, 2020). It protects hairstyles such as knots, twists, and braids. The federal version of this act expands the protection by listing hair discrimination in areas such as public accommodations and other programs. The state version of the acts focuses primarily on employment and education. CROWN acts cover areas of workplace discrimination in which Title VII faces ambiguity (Robinson, 2020). Apart from the protective qualities of this act, it also helps educate people on immutable forms of discrimination.
Although the CROWN Act has proven effective, it is not applicable in all states and cannot protect everyone. This makes it challenging for black women seeking employment or working in states that do not recognize the act (Goodman, 2021). Additionally, the CROWN Act has not been fully understood by the public and has not been made mandatory for organizations to train their employees, hence making it hard to end workplace discrimination against black women.
Opposition to the CROWN Act: Safety Concerns and Legislative Challenges
Additionally, the CROWN Act faces major arguments as some claim it is unnecessary since Title VII is sufficient to manage hair discrimination since race and hair are connected (Goodman, 2021). Others argue that hairstyle and race vary significantly, and therefore, policymakers should not develop a legislature tailored to protect black people (Goodman, 2021). Other views include relating longer hairstyles such as braids to safety measures despite the CROWN Act not allowing violation of any safety laws.
Moreover, the scope of the CROWN Act also faces significant opposition. For instance, the Governor of Nebraska, Pete Ricketts, in August 2020, barred the Nebraska Fair Employment Practices Act amendment from including the CROWN Act, which could have prohibited discrimination against Black women’s hair (Griffin, 2019). The Governor cited that the act ignored safety concerns that prevent employers from making policies to ensure safety in workplaces, such as machine operation and food preparation (Griffin, 2019). Although the Governor agreed that the bill was crucial, he refused to forward it to the state. The concern about the bill had not been introduced to lawmakers before Pete Rickets.
Conclusion
Black women face hair discrimination in the workplace, which negatively impacts their lives. Although diversity and inclusivity have significantly increased, racial biases are still at their peak. African American women are required not to have particular hairstyles, such as braids and loc, when applying for a job, and some are left out of the recruitment process. Other DEI issues include discriminatory policies where African Americans are subjected to policies that require them to change their hairstyle to be considered professional in their workplace. Microaggressions are also present in the workplace, making them have a challenging work environment. Despite the formation of policies such as the CROWN Act, black women still face challenges as the law is not fully operational.
References
Ellis-Hervey, N., Doss, A., Davis, D. S., Nicks, R., & Araiza, P. (2016). African American personal presentation: Psychology of hair and self-perception. Journal of Black Studies, 47(8), 869–882. Web.
Goodman, M. (2021). Wearing my Crown to work: The Crown act as a solution to shortcomings of Title VII for hair discrimination in the workplace. Touro Law Review, 37(2), 1–26. Web.
Griffin, C. (2019). How natural black hair at work became a civil rights issue. Daily Jstor. Web.
Langley, N. A. (2021). #SeeHerName: Using intersectionality and storytelling to bring visibility to black women in employment discrimination and police brutality. DePaul Journal for Social Justice, 14(23), 1–22. Web.
Robinson, D. E. (2020). Between a loc and a hard place: A socio-historical, legal, and intersectional analysis of hair discrimination and Title VII. The University of Maryland Law Journal of Race, Religion, Gender & Class, 20(2), 1–27. Web.
Thomas, M. D. (2021). Racial Microaggressions Against Black Women in the Workforce (thesis). Web.