Controlling the Crown: Legal Efforts to Professionalize Black Hair

• Published date: 01 January 2022
• Author: Asia D. Smith,Saran Donahoo
• Date: 01 January 2022
• DOI: 10.1177/2153368719888264
• Subject Matter: Commentaries

Commentary

Controlling the Crown: Legal

Efforts to Professionalize

Black Hair

Saran Donahoo

1

and Asia D. Smith

2

Abstract

Similar to other aspects of life, White cultural norms influence the evaluations and

expectations placed on Black women in the workplace. Even though Bo Derek

inspired many White women to wear braids after her character in the film 10,the

New York District Court sided with American Airlines when Renee Rogers sued her

employer for denying her the right to wear similar braids to work. Nearly 40 years

later, laws in California and New York City have finally acknowledged this approach as

racial discrimination by making it illegal for any public and private entity from dis-

criminating against Black hair. Building off these competing legal interpretations, this

article analyzes the discrimination targeted at Black women’s hairstyles, the directions

provided by both the New York City Human Rights Law and the Creating a Respectful

and Open World for Natural Hair Act, and the relevance that this issue has for Black

women across the nation.

Keywords

race discrimination, Black women, employer grooming policies, professional hairstyles

In 2016, a graduate student named Rosalia led many to question if Google’s search

algorithm was racist because many of the images resulting from a search of

“unprofessional hairstyles for work” depicted Black women with natural (Black)

hairstyles. Conversely, a search of “professional hairstyles for work” yielded images

of mostly White women (Alexander, 2016). Conducting these searches in 2019

reveals more examples of Black and White women in both categories. The

1

Educational Administration and Higher Education, Southern Illinois University, Carbondale, IL, USA

2

Prairie View A&M University, Prairie View, TX, USA

Corresponding Author:

Saran Donahoo, Educational Administration and Higher Education, Southern Illinois University, 131 Pulliam

Hall, Mailcode 4606, Carbondale, IL 62901, USA.

Email: donahoo@siu.edu

Race and Justice

ªThe Author(s) 2019

Article reuse guidelines:

sagepub.com/journals-permissions

DOI: 10.1177/2153368719888264

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2022, Vol. 12(1) 182–203

“unprofessional” search still includes items that contend Black natural hair is not

acceptable in the workplace (Sini, 2016).

This article analyzes the struggle of Black women to exercise authority of their hair

and hairstyling. This analysis begins by first describing previous legal attempts by

individual Black women to challenge grooming policies that make their hair unwel-

come in the workplace. Next, we examine the legal guidance provided by the New

York City Human Rights Law (NYCHRL, 2019) and the Creating a Respectful and

Open World for Natural Hair Act (CROWN Act, 2019) in defining and prohibiting

Black hair discrimination. Finally, we analyze the hair reflections described by Black

women to consider what influence this legal guidance may have on their experiences

in the workplace and in life.

Black Women’s Hair

Hair and Slavery

Black hair has been a contested issue since Europeans encountered Africans. On the

African continent, Black women embraced their kinky hair by styling and displaying it

proudly in various fashions (Banks, 2000; Camp, 2015; White & White, 1995). In

addition to the other indignities of slavery, White society also deemed Black women’s

natural hair as unattractive, unmanageable, and unwelcome (Bellinger, 2007; Byrd &

Tharps, 2014; Patton, 2006; White & White, 1995). Slaveowners required Black

women to cover their hair or adopt grooming practices that emulated White beauty

(Bellinger, 2007; Byrd & Tharps, 2014; Patton, 2006; White & White, 1995). Indeed,

having hair and complexions that resembled or, at least, imitated White people led to

the assignment of Black women as house slaves instead of more laborious duties in the

fields (Byrd & Tharps, 2014; Patton, 2006).

After obtaining their freedom from slavery, Black women turned more of their

attention to their hair. Entrepreneurs such as Madame C. J. Walker helped to create the

Black hair industry that developed processes, tools, products, and styles that allowed

Black women to maximize and display the flexibility of their hair (Ellington, 2015;

Patton, 2006; Randle, 2015; Weitz, 2004). Many elements of the emerging Black hair

industry focused on helping Black women straighten their hair, which took on its own

burdens and values (Patton, 2006; Randle, 2015).

White Beauty Norms

Perceived in both positive and negative ways, straight hair maintains a strong con-

nection to White beauty norms. While many Black women have naturally coarse,

kinky hair, straightening their hair allows Black women to adopt hairstyles commonly

associated with White women (Bankhead & Johnson, 2014; Craig, 2002; Greene,

2011; Morrison, 2010; Onwuachi-Willig, 2010; Patton, 2006; Randle, 2015; Robin-

son, 2011; Rosette & Dumas, 2007; Tate, 2007; Thompson, 2009b; Weitz, 2004). In

turn, straight hair serves as a path for upward mobility for Black women since it makes

them seem more mainstream (Collier, 2012; Morrison, 2010; Patton, 2006;

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Donahoo and Smith