What’s Going On?

The CROWN Act is taking center stage, again. A Texas high school student is in a federal civil rights lawsuit advocating for the right to wear his natural hair style – locs – below his eyebrows, ear lobes, and top of his t-shirt collar. This case is bringing national attention back to the fact that discrimination based on hair has been and is still allowable throughout the U.S.

Why I Might Care

Although this issue is currently taking place in Texas, it calls for an understanding of each state’s hair discrimination practices and the implications on business operations and education. In Ohio, no law currently exists to prevent discrimination in education or employment based on one’s hair.

Unique to Columbus (and several other Ohio cities), however, is the adoption of the CROWN Act in the City Code. This law prevents discrimination based on hair in multiple contexts, including employment.

Some Deets

The CROWN Act stands for “Creating a Respectful and Open World for Natural Hair.” Created in 2019 by Dove, the CROWN Coalition, and former State Senator Holly J. Mitchell (Cali.), the intent is to prohibit discrimination based on “hair texture and protective styles such as braids, locs, twists, and knots” in the workplace and public schools. The CROWN Act progressed through Congress but stalled at the U.S. Senate and has not moved beyond. This means discrimination in education and business based on hair is still permitted, federally. Now, the CROWN Act must be adopted and enacted at the state level.

Currently, 24 states (according to CNN) have enacted the CROWN Act – Ohio is not included. Since 2020, Rep. Juanita Brent (D-Cleveland) has introduced H.B. 178 on 3 separate occasions, most recently in June 2023, to enact the CROWN Act statewide. Rep. Brent has been unsuccessful but shows no signs of stopping as she shared at the Ohio House Civil Justice Committee meeting, “This is my 3rd time introducing the Crown Act, my 3rd time. I’m very persistent, very determined to do this and very grateful to do this.” Thus, for now discrimination in education and employment based on hair is not prohibited statewide.

However, Columbus does prohibit discrimination based on hair. Important to this writing, the prohibition extends to employment but not education. Led by former Councilmember Priscilla Tyson and co-sponsored by Councilmember Shayla Favor, the City of Columbus embedded the CROWN Act in Chapter 2331 of the City Code. The City Code defines “Employer” as “any person who employs four (4) or more persons within the City of Columbus….”

What Do I Think?

For my business friends…

1. If in Columbus, count your employees. If you maintain at least 4 employees, you are subject to Chapter 2331 (unless exempted). 
2. If you are not in Columbus, check to see if your city has enacted law adopting the CROWN Act and whether it applies to your business. 
3. If in Columbus and other applicable cities, businesses should review or develop policies and practices (and educate personnel, especially people leaders) to ensure it is clear that the company intends to and does comply with local law.

For my education friends…school districts, community schools, and others there is no prohibition against creating policies based on or that discriminate on the basis of hair. As you develop policies especially whether there is a discriminatory intent or effect, however, ensure that you are compliant with all other applicable regulations and state and federal laws. Additionally, consider your communities when developing policies that have an unintended or intentional discriminatory effect regardless of its legality. 

Beyond that, I think I’ll reserve my social opinion for a moment of a nice, neat scotch. I think my locs may give me away.