Minorities can face discrimination in the workplace based on their hairstyle. They may be made to feel that their preferred hairstyle, such as dreadlocks or braids, is not professional enough for the workplace. They may be subjected to rude comments, receive unwanted suggestions on how to change their appearance, or have fewer promotion opportunities simply due to their hairstyle.
According to Dove’s 2019 CROWN Research Study, African American women’s hair is “3.4 times more likely to be perceived as unprofessional.” The study also found that African American women are 1.5 times “more likely to be sent home from the workplace because of their hair” and 83% more likely to report being judged more harshly on looks than other women.
Hairstyle Discrimination in Minnesota
Minnesota has been home to discrimination on the basis of hairstyle. During a committee hearing in 2020, Minnesota Department of Human Rights Commissioner Rebecca Lucero noted an instance of an employer changing its hair policy and subsequently firing several workers who did not comply with it. A settlement was later reached, which resulted in the workers regaining their jobs.
To combat hairstyle discrimination, the Minnesota House of Representatives approved the CROWN (Creating a Respectful and Open World for Natural Hair) Act in 2020, which would add a provision to the Minnesota Human Rights Act (“MHRA”) to explicitly prohibit discrimination on the basis of hair appearance and texture. California, New Jersey, and New York have enacted similar measures.
Under the MHRA, “it is an unfair employment practice for an employer, because of race” to “(1) refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment; or (2) discharge an employee; or (3) discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.” Minn. Stat. 363A.08, Subd. 2.
However, the discrimination of someone wearing their hair in a culturally-appropriate manner – like braids, dreadlocks, or twists – is not prohibited under the MHRA. The CROWN Act would extend this protection to many areas of law covered by the MHRA, including employment. Implementation and enforcement of the CROWN Act will force employers to take a closer look at their facially neutral grooming and appearance policies and their disparate impact on African Americans and other minorities.
Combating Hairstyle Discrimination
If you believe you have been discriminated by an employer because of your hairstyle, contact our Minnesota employment attorneys to discuss your employment situation. Our workplace discrimination lawyers will diligently fight to ensure that your rights are protected.
