Racism

Are Dreadlocks Unprofessional?

Lawyers, Locs, and the CROWN Act.

By Joseline Jean-Louis Hardrick
on

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Joseline Jean-Louis Hardrick back to our pages. Click here if you’d like to donate to MothersEsquire.

If you are keen enough, you will notice that the majority of corporate environments conform to standards of ‘professionalism,’ in regards to personal appearance based on a white workforce.

The hair, in particular, is one area in which people of color have been unfairly afflicted. Many people of color, especially Black people, have tightly curled, coily, and curly hair. Trying to conform the hair to professional standards in the American workforce typically means subjecting the hair to harsh heat and chemical treatments to make it straight, or installing expensive, high-maintenance hair extensions, weaves, or wigs. Thanks to the CROWN Act, many individuals feel safer expressing their natural hair without losing their jobs or promotion opportunities.

Let’s take a little tour of professional grooming in the workplace and the Crown Act that came to save our natural and beautiful crowns.

Defining ‘Professional Grooming’

It can be argued that “professionalism” is founded on implicit bias, especially when it comes to hair grooming. Whereas effortless for some people to conform to, this standard can be the primary reason why Black women and men get sent to human resources. The conflict arises due to complaints relating to “unprofessional hairstyles.” These hairstyles may be unfamiliar and odd to some people, but they are the norm with large part of Black culture in America.

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Employers assert that such policies are essential for maintaining a professional working environment. But is it really? Within the past decade, these policies (such as, banning certain hairstyles; requiring clean-shaven faces; and banning braids, cornrows, and dreadlocks) have faced backlash due to their discriminatory effect on the Black staff.

This doesn’t even make sense considering the versatility of Black hair hairstyles such as:

  • Natural Afros
  • Twists
  • Dreadlocks, also known as locs
  • Box braids
  • Bantu knots
  • High and low puffs
  • Twist outs and braid outs
  • Micro braids
  • Cornrows and flat twists

People who choose these hairstyles experience repercussions and resistance for violation of grooming policies. Organizations such as corporations, the military, and even schools want their staff to conform to a standard that is primarily Eurocentric. For many years, the industries were controlled and dominated primarily by a white professional workforce. As the workforce continues to diversity and become more inclusive, so should the grooming policies adjust accordingly.

Many times the language on these policies are coded as “neat,” “well-groomed,” not “distracting,” or otherwise not too “ethnic.” In reality, they seek a workforce with hair that appears straight or close-cut to hide the texture of the hair. But for Black people to achieve that straightened look, they have to go through a lot of heat and chemicals which damage the hair in the long run, costs a lot of money, and is time-consuming.

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Although some hairstyles, such as Bantu knots with little horns sticking out, have a more casual feel, what’s so wrong with simple natural where the hair is not “distracting”?

A Brief History On Dreadlocks

The first known instance of locs dates back to ancient Egypt. The hairstyle can be found on Egyptian artifacts (i.e., mummies).

The Bible also has a recount of dreadlocks in the story of Samson and Delilah, where the “seven locks on a man’s head” determined his potency. Also, the Romans described the Celts as having hair that looked like snakes. The Vikings and Greeks were also known to wear locks too. Even in ancient times, locs were worn in parts of Asia, Australia, South America, and, more recently, in the United States.

Rastafarianism

Most people associate dreadlocks with Rastafarians, but this is entirely different. Rastafarianism emerged in the 1930s when the Emperor of Ethiopia, Ras Tafari, was crowned. Later on, there was an invasion, and when he was forced into exile, the warriors vowed not to cut their hair until Ras Tafari was reinstated. But even though Rastafaris are more commonly known for this hairstyle, it has now spread its roots worldwide.

Let us now get back to dreadlocks and the work environment.

Want to Be Fair? Consider the Hair!

Many corporations consider themselves progressive and inclusive, but do their policies match their message? Being inclusive doesn’t only mean hiring a diverse workforce; it also means that you ensure that the workforce feels welcomed into the community of the workplace as their authentic selves.

It is understandable that people usually don’t like what they don’t understand. And Black hair is, well, complex — even for Black folks. We have hair types (4a, 4b, 4c, etc.), hair porosity, and hair density; not to mention all of the different textures and a phenomenon called shrinkage. This is what makes Black hair so versatile, as it can be manipulated into all sorts of hairstyles. Locs are quickly becoming one of the more popular hairstyles — especially during the COVID-19 pandemic — due to its versatility and low-maintenance schedule for upkeep. It also allows many people to wear their natural hair texture authentically.

Many organizations though maintain outdated grooming standard in the name of “professionalism.” Enter the CROWN Act, which seeks to rectify discrimination based on “hairstyles,” which ultimately has a disparate impact on Black people and others with highly textured hair.

The CROWN Act

The CROWN Act, which stands for Creating a Respectful and Open World for Natural hair, makes it illegal to discriminate against someone because of their hair.

You would think that such a law has been passed in all 50 states, but regrettably, it hasn’t. There are only 10 states which recognize this as law: Delaware, New Jersey, California, Connecticut, Washington, Maryland, Colorado, Virginia, New York, and Nebraska.

The act ensures that anyone who chooses to have their hair natural or wear protective hairstyles won’t be penalized. In other words, your natural hair and locs are professional.

The Good News

On September 22, 2020, the act was passed by the House of Representatives on a federal level. When the Crown Act gets passed, hair discrimination will be made illegal in all states. Now all eyes are on the Senate as we get a step closer to banishing hair discrimination throughout the nation.

Until this happens, all we are left to do is sign the petition to appeal to the state lawmakers to support the bill.

A Change Is Coming

Even as we wait for the Senate to decide, people are already sick and tired of this discrimination. Consider the lawyer Marcus Shute, who raised more than a few eyebrows when he started growing his locks in 2002 and refused to cut them to put across the point that his appearance doesn’t have anything to do with his career. And it certainly doesn’t since Marcus is a well sought-after lawyer and has his own law firm in Nashville.

It hasn’t been easy for him, though. He has not only been told that he wouldn’t be a successful lawyer if he didn’t cut off his locs, he has also been disregarded for multiple promotions simply because he “didn’t fit the look.” Despite all of this, he stuck to his authentic self, which drove him to open his firm. He wanted his clients and employees to relate to him.

The law industry, just like other industries, needs acceptance, diversity, and inclusion. Not just by word of mouth and on paper, but in meaningful and real ways. For example, many prominent lawyers, judges, and legislators wear locs as a hairstyle, including Judge Ketanji Brown Jackson who President Joe Biden recently appointed as Attorney General Merrick Garland’s replacement on the United States Court of Appeals for the District of Columbia Circuit; nominee to the United States Court of Appeals for the Seventh Circuit, Candace Jackson-Akiwumi, who served as a federal public defender from 2010 to 2020 and is a partner at a large national law firm; and Congresswoman Gwen Moore for Wisconsin’s 4th Congressional District, just to name three.

Here’s a great video giving the history of Black hair and the law.

Joseline Jean-Louis Hardrick, Esq. is a professor at Western Michigan University- Thomas M. Cooley Law School’s Tampa Bay Campus, founder of Diversity Access Pipeline, Inc.’s Journey to Esquire® Programs,  a children’s book author, social entrepreneur, and a mommy lawyer. For more information, visit www.joselinehardrick.com. 

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