Don't Get It Twisted: Hair Discrimination is Racial Discrimination
When African people were savagely kidnapped and arrived in unknown territory, they were deprived of their traditional wardrobes, practices, and rituals. Natural hairstyles, particularly braided hairstyles, were seen as a form of communication. It communicated a story about a person’s marital status, age, religion, ethnic identity, wealth, and rank within the community. One of the first things slave traders did was shave slaves’ heads. Europeans erased the slaves’ identity and culture by dehumanizing them.
In 1786, the Tignon Laws enacted by Governor Don Estevan Miro of New Orleans were created to diminish attention towards women of color after a false narrative was cultivated that they were attracting the attention of white men due to their elaborate hairstyles. This law required women of color to wear a tignon which is a headscarf to cover their hair as a way to indicate they were slaves and that they were inferior.
The policing of black hair has been happening for centuries. The history of the United States is permeated with the notion that anything equated with “blackness” is inferior and undesirable. Society deems European features and mannerisms as superior which creates the conception that for people of color to survive in society they must conform to European standards or be disgraced from society.
Lately, in the media, we have seen footage of black people being discriminated against in various settings. What most Americans don’t realize is that this is happening every single day across America in various ways. Now, the American government is finally cultivating laws to prevent this injustice from happening. California became the first state to legally protect the hair of black students and employees. The federal government is trying to implement the Crown Act which will prevent hair discrimination in the workplace and public schools. According to the Dove article regarding the Crown Act, “A Black woman is 80% more likely to change her natural hair to meet social norms or expectations at work. Black women are 1.5 times more likely to be sent home or know of a Black woman sent home from the workplace because of her hair.” This showcases the black people are disproportionately affected by European standards of beauty and professionalism which in consequence is preventing black people from achieving social and economic mobility in the US.
Steps have also been taken in local government to protect people against this discrimination as well. In Long Island NY in June of 2020, Suffolk County legislators voted unanimously to ban discrimination against hairstyles and religious attire to limit biases in the workplace with the bill IR1361-2020. On October 26th, 2020, I interviewed Legislator Jason Richberg who proposed this bill to hear his thoughts as to why he believed this bill was important in American society.
DM: What inspired you to sponsor this bill?
JR: A conversation that I had with my brother in law about him wearing braids and going to work. He alluded to the fact that because of his braids he couldn’t get a job even though he had a master’s degree but he did not say it outright. During a public hearing, a woman from the Muslim faith who wears a hijab was told she is so brave for wearing her hijab in a store. The lady who told her this said she wouldn’t be able to do business if she wore a hijab to work. These are not isolated incidents. People are saying that they cannot wear their hair natural to work. People don’t understand how complex hair is and this highlights this. People were texting and emailing me because they were in support of this bill and because they said that hair discrimination was a big issue for them. This was something that people thought was holding them back and affecting them their whole life.
DM: In the Suffolk county legislature this bill passed unanimously, what do you think this says about Suffolk county since it is often perceived as a white space?
JR: I think one of the comments I have gotten from my fellow legislators is that they did not know this was an issue. They thought we were passed this. They thought everyone was equal. They didn’t understand why we were still here. We must have conversations. We also need representation. There need to be more people of color in government so they can see us and hear our issues from us.
DM: Do you think this resolution will raise awareness and open up a conversation on the discrimination that people of color face?
JR: I think it will but I don’t think this is the end all be all. I think this is the beginning of the conversation but not the end. There are other issues that are not addressed in the legislature that are religious and ethnic.
DM: Discrimination based on hair has been carried out for centuries, why do you think it took this long to create a resolution to protect people against it?
JR: For a number of reasons.
People weren’t necessarily comfortable wearing their natural hair and there wasn’t that much awareness about it.
The second thing is we need advocates and we need representation. When people don’t look like you and don’t understand the things that are going on in your life they cannot advocate or talk for you.
DM: Why did you think it was important to create this law on the local level?
JR: Enforcement is really on the local level. Local government is closer to the people. Federal laws can be eroded. They can be changed, they can be stripped down as we have seen with the civil rights act, and that is why it is important to have local legislation to protect these communities. It is harder to get a civil rights lawsuit on anything but it is easier to get a civil rights lawsuit passed due to local legislation. if you create local legislation you are creating protection on multiple levels instead of just the federal levels. These protections are then enshrined in law.
DM: Do you think this resolution is helping society become more equitable?
JR: Yes, that is the goal. It’s not going to be easy and it’s not going to be clean, but that’s my goal.
DM: Why do you think that hair discrimination was not included in the Equal employment opportunity act and had to be supplemented in different legislation?
JR: So, I don’t think it wasn’t included because there was not enough awareness. I think that the most important part of that bill was to get it passed so we can begin to have these discussions. Sometimes we sacrifice perfect for good. If we get good legislation passed then we cannot make it more perfect. Once this act is passed we can add other things to it. It is a marathon, not a sprint. We needed to have this passed to create change and open the conversation. People were not cognisant of wearing braids because it was not a mainstream thing.
DM: What do you hope this resolution will help accomplish in Long Island and around the US if the crown act is passed?
JR: My hope is that people are protected and people get some sort of reciprocity. you can come to work as you are. You don’t have to meet some sort of guideline. People should be able to practice their religion and take care of their hair as they see fit and not meet someone else’s standards of what that should be.
DM: The Suffolk County Human Rights Commission has the authority to enforce violations of the County’s Human Rights law. The law does not provide for expanded enforcement resources for the Commission.
What measures have taken place to enforce this law that you know of?
JR: They probably won’t be able to enforce it until 2021. In a non-pandemic world, we would put more money for investigators for the human rights commission. The best thing we can do right now is to get more attention to the human rights commission so we can get more resources. Part of what I am doing is that there is a human rights commission and they can help but you just have to go to them.
Overall, my interview with Legislator Richberg showcased to me that this bill was a great first step in the right direction to cultivating change. Each and every day, there are many atrocities made against black people in the US, and this law exhibits that this type of discrimination will no longer be tolerated in America. Even though this bill is very promising I am not naive. I am fully aware that America still has a long way to go in order to be the democratic utopia it is always advertised as. After this interview, I am still very curious to see how this bill will be enforced. I hate to sound pessimistic, but there are a lot of bills that were passed that have not been enforced and leave the American people vulnerable. The first bill that comes to mind for me is the Equal Pay Act which requires that men and women in the same workplace be given equal pay for equal work, however, despite this bill, the gender wage gap is still a strong concern in the workplace. Hair discrimination is racial discrimination and it is up to the American government to protect people no matter their race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, or familial status, as well as actual military status.
Sources:
Nasheed, Jameelah, et al. “Black Hair Has Been Tangled Up in Politics for Years.” Teen Vogue, www.teenvogue.com/story/a-brief-history-of-black-hair-politics-and-discrimination.
Blidner, Rachelle. “Suffolk Lawmakers Vote to Ban Discrimination Based on Hair Style, Religious Attire.” Newsday, 2020, www.newsday.com/long-island/politics/discrimination-hairstyle-religious-suffolk-legislature-1.46045446.
Jahangir, Rumeana. “How Does Black Hair Reflect Black History?” BBC News, BBC, 31 May 2015, www.bbc.com/news/uk-england-merseyside-31438273.
Ellis, Nicquel Terry, and Charisse Jones. “Banning Ethnic Hairstyles 'Upholds This Notion of White Supremacy.' States Pass Laws to Stop Natural Hair Discrimination.” USA Today, Gannett Satellite Information Network, 14 Oct. 2019, www.usatoday.com/story/news/nation/2019/10/14/black-hair-laws-passed-stop-natural-hair-discrimination-across-us/3850402002/.
Conteh, Gina. “A Brief History Of Black Hair & Why Braids Aren't A Trend.” BET.com, 23 Aug. 2019, www.bet.com/news/features/1619/the-history-of-hair-braiding-in-black-america.html.