FOCUS – ADDRESSING BIAS AND RACISM OF BLACK WOMEN IN LEADERSHIP AND EMPLOYMENT
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Article-  WEARING MY CROWN TO WORK: THE CROWN ACT AS A SOLUTION TO SHORTCOMINGS OF TITLE VII FOR HAIR DISCRIMINATION IN THE WORKPLACE.
Author-  Goodman, Margaret 

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Baker, V. L., & Pifer, M. J. (2011). The role of relationships in the transition from doctor to independent scholar. Studies in Continuing Education, 33(1), 5-17. http://doi.org/10.1080/0158037X. 2010.515569
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1001

WEARING MY CROWN TO WORK: THE CROWN ACT AS

A SOLUTION

TO SHORTCOMINGS OF TITLE VII FOR HAIR

DISCRIMINATION IN THE WORKPLACE

Margaret Goodman*

I. INTRODUCTION

Hair can be a significant part of a person’s cultural identity.1 It

can be used as an expression of identity as “[h]airstyles and rituals

surrounding hair care and adornment convey powerful messages about

a person’s beliefs, lifestyles, and commitments.”2 Unfortunately, the

cultural significance of a person’s hair is not viewed as important under

the law.

Imagine applying for a job. You spend countless hours

searching for employment. You send your resume and cover letter to

hundreds of employers. Finally, you get an interview. You practice

for your interview and polish the fine details of your resume. You

choose the perfect professional attire and grab your briefcase. You

meet the interviewer and ace the interview. However, you are then

told you must change your hairstyle before your actual employment

begins. When you ask for clarification, they cite that your hairstyle is

“messy,” “unkempt,” and “unprofessional.” This is the case for many

people of color, including Beverly Jenkins, Renee Rodgers, Charles

Eatman, Carmelita Vazquez, and Chastity Jones. All of their stories

will be shared in this Note.3

* J.D. Candidate, Touro College Jacob D. Fuchsberg Law Center, 2022; B.S. in

Public Affairs, Indiana University Bloomington, 2019. I would like to thank the Law

Review staff and Professor Meredith Miller for their continued support and guidance

during this process. I would also like to thank my family for their constant

encouragement and love.
1 See Deborah Pergament, Symposium, It’s Not Just Hair: Historical and Cultural

Considerations for an Emerging Technology, 75 CHI.-KENT L. REV. 41, 41 (1999).
2
Id. at 44-45.

3 See infra Section II(A).

1

Goodman: Wearing My Crown to Work

Published by Digital Commons @ Touro Law Center,

1002 TOURO LAW REVIEW Vol. 37

Hair discrimination has existed for centuries and has been

perpetuated by workplace grooming policies.4 These policies can be

facially neutral,5 by requiring “professional” or “businesslike”

appearances but still have discriminatory effects by applying

disproportionately to minority employees. Federal employment

discrimination claims are governed under Title VII of the Civil Rights

Act of 1964, which is a statutory provision to protect employees

against workplace discrimination based on their race, color, religion,

sex, or national origin.6

Workplace grooming policies can be disproportionately

discriminatory against people of color based on the nature and texture

of their hair, which has distinct qualities compared to those of their

white counterparts.7 Across the United States, there has been a push

for the Creating a Respectful and Open World for Natural Hair Act

(“CROWN Act”),8 to protect people of color in t




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