Document Type
Article
Publication Date
2022
Abstract
Trait discrimination is bias against people who possess traits and characteristics that are culturally, commonly, or historically associated with a particular race. Discrimination against Black people with "natural hairstyles" and anti-Black colorism are two forms of trait discrimination that stem from employers' preferences for white aesthetics. The CROWN Act is a law that expands the definition of race in discrimination laws to include an individual's hair texture or hairstyle, if that hair texture or hairstyle is commonly and/or historically associated with a particular race or national origin. The need for the CROWN Act stems from the systemic failure of United States jurisprudence, and in certain instances some federal courts' unwillingness, to appropriately reconceptualize the meaning of race beyond the legal status quo and recognize race and racism in their myriad forms. Absent an understanding that anti-Black race discrimination encompasses workplace preferences for physical features that are in closer proximity to whiteness, United States jurisprudence cannot be truly anti-racist or even non-discriminatory. This Article critically examines the historical shortcomings of federal jurisprudence related to hair discrimination claims in the workplace while discussing the promise of the CROWN Act in serving as a model to assist in shifting the United States' legal system from one that is merely facially neutral to one that is truly anti-racist and non-discriminatory. Colorism is defined as discrimination based on skin tone and phenotype. This Article also examines the historical shortcomings of jurisprudence related to colorism claims brought by dark-skinned, Black plaintiffs as another space where "CROWN Act-like" legislative intervention is necessary. Based on the model set forth by the CROWN Act, this Article recommends statutory language under the existing framework of Title VII to provide an avenue for clarity and consistency with respect to colorism claims brought by dark-skinned, Black plaintiffs.
