The Importance of the CROWN Act in the Legal Profession
By Shaneequa B. Parker, J.D. (Esq. pending), Regional Advisor - New England & Member of the Social Activism & Outreach Committee
There’s no better time than the present to discuss hair discrimination in the workplace. For years, it’s been a thorn in Black women’s side and NOW there’s a campaign that seeks to eradicate hair discrimination once and for all. But before delving into where we are trying to, let’s talk about where I’ve been.
When I started law school,I was a wig girly. Why? Because at the beginning of my career, I was told that showing my natural hair texture was unprofessional. I wanted to succeed so listened to the advice and started wearing wigs that didn't look like my real hair. I was taught to hide my natural hair texture to conform to mainstream society in hopes of not being othered or stymied in my career. However, I am not alone. Experiences similar to mine and even worse have been told over and over again. Told by Black women and so many people of color. Individuals who identify as men also have and continue to face hair discrimination.
It’s not an easy thing to experience and an even harder thing to overcome. Eventually, I stood firm in my power and cultural pride and decided to wear my hair in a way that best suited me. After graduating from law school, I consciously decided to always present an authentic version of myself. After all, I deserve to live authentically and the world deserves to experience me that way. Now, I wear my hair in freeform locs, which I've been wearing since the week after I got my J.D.. I figured it was not my concern if someone judged me based on my hair rather than my qualifications and credentials. In making that decision, I found great freedom to be me.
With that freedom, came a liberating experience that called me to embrace my natural hair. In addition, my freedom locs have become a conversation starter. People have commented on and asked me about my locs, which has sparked discussions about cultural appropriation and the value of diversity in the workplace. Knowing that I can be authentic in my professional life while being an advocate for hair acceptance has empowered me even more.
While I’ve found my own personal form of hair liberation, I am, however, cognizant of the fact that not everyone enjoys the same freedom to wear their hair in its natural state without fear of questioning, ridicule, or harassment. It got me thinking about how people of color, particularly Black people, are judged on factors other than their work, in this case, their hair. Thankfully, the CROWN Act and other efforts to combat bias against black and indigenous people of color based on their hair have gained traction in recent years. As an advocate of color you may be aware of the CROWN Act and its impact on racial discrimination in the workplace but have you considered what this could mean for the legal profession as a whole?
What Is the CROWN Act?
The CROWN Act stands for "Create a Respectful and Open World for Natural Hair." The Act is a set of laws in the United States with the goal to eliminate bias against people with different hair textures and styles. Braids, twists, locs, and afros, all associated with BIPOC, are protected explicitly by these laws.
It was first proposed in 2019 in California and has since been approved by lawmakers in 18 other states plus the District of Columbia. Several groups have supported the CROWN Act , including the American Bar Association (ABA), the National Association for the Advancement of Colored People (NAACP), and the National Urban League. It also has the support of several celebrities, including Yara Shahidi, Amandla Stenberg, and Solange Knowles.
The penalties for violating the CROWN Act vary depending on the specifics of the case and the state or locality where the violation occurred. Violators of the Act typically face civil penalties, monetary fines, restitution, and injunctive relief. Civil penalties, monetary fines, restitution, and injunctive relief are typically imposed on those who violate the law. For example, a first violation of the CROWN Act in New Jersey may result in a fine of up to $10,000. The maximum fine for a second violation within five years is $41,000, and the maximum fine for a third violation within seven years is $50,000.
Why is the CROWN Act Important for the Legal Profession?
Historically, the legal community has been complicit for discriminatory practices against people based on the texture of their hair. In 1999, a Black law student at Harvard Law School was told that the school's dress code prohibited her from wearing braids to an interview. The dress code prohibited "distracting or disruptive" "extreme hairstyles." Harvard agreed to change its dress code to permit students to wear braids after the student filed a complaint. For current and future legal advocates of color, discrimination based on their chosen hairstyle has devastating consequences. Leaving them to feel uncomfortable and unwelcomed in the legal community. Such experiences contribute to imposter syndrome and can make it harder for them to advance in their careers and find employment.
Despite the ABA's backing, the legal profession has been slow to adopt the CROWN Act . White people have historically held positions of power in the legal sector, and they set the standards by which the field operates. Consequently, white norms have shaped the professional standards in the legal profession. These Eurocentric norms further make it more difficult for Black lawyers who choose to wear their hair naturally to progress within the field.
The CROWN Act is an important step toward greater equality and inclusion for people of color in the United States because it recognizes and values the cultural significance of the natural and protective hairstyles of people of color. The Act conveys that people of color are not expected to change their hairstyles to fit in with white norms of beauty and that Black hair is beautiful and should be celebrated, not discriminated against.
How Can the Legal Profession Embrace the CROWN Act?
Diversity, equity, and inclusion (DEI) are essential components of the legal profession, and the CROWN Act ’s recognition of the cultural and social differences between those with different hair textures serves as a reminder of this. The legal profession must proactively embrace the essence of DEI and justice to ensure that everyone is treated fairly and justly. This means:
Acknowledging and addressing the systemic discrimination faced by individuals with natural hair textures that differ from the accepted Eurocentric beauty standards.
Actively working towards creating a more diverse, equitable, and inclusive workplace where all individuals feel valued and respected.
Encouraging education and training programs for legal professionals.
Attorneys have a responsibility to advocate for justice and equal treatment. Like any other, the legal industry must fully embrace diversity, equity, and inclusion, including people with a wide range of hair textures and styles. Doing so can build a justice system that serves and protects all of society. This can only happen if there is a change of heart, new mentality adopted, and a determination to end racism in the legal system and beyond. Then, and only then, can we hope to create a future that treats everyone fairly and justly.
Attorneys can play a crucial role in promoting the CROWN Act . They can speak out against hair discrimination, support laws prohibiting it, and educate their peers and clients on the significance of diversity and inclusion in the legal profession. Advocates can also make their own firms and organizations more welcoming to people of all backgrounds. This may involve:
Implementing policies promoting diversity and inclusion, such as hiring and recruiting procedures prioritizing underrepresented groups.
Providing mentorship and development opportunities and support for young lawyers from diverse backgrounds, thereby contributing to the profession's increased representation of the communities it serves.
Providing legal representation to individuals who have experienced discrimination based on their hair.
Working with lawmakers to promote policies that support diversity and inclusion in the workplace.
By taking these steps and advocating for change within and outside their organizations, lawyers can ultimately contribute to developing a truly inclusive and equitable legal profession for all.
Learn more about the CROWN Act (see also https://www.congress.gov/bill/117th-congress/house-bill/2116/text. Also learn how you can support its mission at https://www.thecrownact.com/about.
Edited by Brittany Gail Thomas (BGT), Esq. , Founder & CEO.
