Racial Discrimination and the CROWN Act: Natural Hair Bias in Texas Corporate and Tech Jobs
The Texas CROWN Act explicitly bans workplace discrimination based on natural hair textures and protective hairstyles like braids, locs, and twists. If a corporate employer forces you to cut or alter your natural hair to keep your job, they are violating state law.
Understanding the CROWN Act in Texas
For generations, Black professionals have faced subtle and overt racial discrimination masked as corporate grooming standards. In professional hubs like Austin's tech sector or Dallas's corporate banking world, employee handbooks frequently mandated conservative appearances that effectively banned natural Afro-textured hair.
To combat this, the Texas Legislature passed the CROWN Act (Creating a Respectful and Open World for Natural Hair). Coded into law under Tex. Lab. Code § 21.1095, this vital legislation explicitly states that any employment practice discriminating on the basis of hair texture or protective hairstyles associated with race is illegal. This state protection reinforces the broader racial discrimination bans found in Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2).
Illegal Dreadlock and Braid Bans in Corporate Offices
Despite the law, some Texas employers still attempt to enforce outdated professional appearance policies. They may tell an employee that their dreadlocks, twists, or Bantu knots are messy, unprofessional, or distracting. Under the Texas CROWN Act, an employer cannot force you to chemically straighten your hair, hide your locs, or cut your braids to secure a promotion or keep your current job.
If a Dallas tech firm or a Houston corporate office denies you a client-facing role because of your protective hairstyle, they are actively engaging in race-based discrimination. The law views discrimination against hair texture as inseparable from discrimination against race itself.
Racial Microaggressions in Performance Reviews
Discrimination is not always as obvious as a blatant ban on braids. Often, it seeps into the workplace through microaggressions and subjective performance reviews. An employee with natural hair might receive notes suggesting they lack executive presence, need to look more polished, or do not fit the company culture.
While these terms do not explicitly mention race, they are frequently used as coded language to penalize Black employees for their natural appearance. When these subjective reviews are used as justification to deny bonuses, halt promotions, or initiate layoffs, they form the basis of a disparate treatment claim.
Gathering Evidence of Disparate Disciplinary Actions
Proving discrimination relies on showing that employees of different races are treated differently for similar actions. If a Black employee with locs is reprimanded for a grooming violation, but a white employee with messy, unkempt hair is ignored, you have evidence of disparate disciplinary action.
The legal framework for proving this type of discrimination often mirrors the burden-shifting precedent established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (US Supreme Court 1973). To build your case, secretly save copies of the employee handbook, photograph grooming policies posted in breakrooms, and forward discriminatory emails or performance reviews to your personal email account.
Step-by-Step: How to Fight Hair Bias in Texas
If you are targeted by natural hair bias, you must follow specific administrative steps. Connecting with an employment attorney from our directory can guide you through this process.
Step 1: Report the Bias Internally
If you feel safe doing so, file a written complaint with your HR department. Mentioning the Texas CROWN Act in your email puts the company on official notice. If they retaliate against you for reporting the bias, they multiply their legal liability.
Step 2: File with the TWC or EEOC
You cannot sue immediately. You must first file a charge of discrimination with the Texas Workforce Commission, Civil Rights Division, Austin or a local federal branch like the Equal Employment Opportunity Commission, San Antonio Field Office, San Antonio.
Step 3: Complete the Required Forms
You will need to submit a formal charge document, such as Form 5, FED, Equal Employment Opportunity Commission, Charge of Discrimination. This form will summarize exactly how the employer's grooming policy violated your civil rights.
Potential Compensation and Legal Costs
If your CROWN Act claim is successful, you may be entitled to recover lost wages, compensation for emotional distress, and sometimes punitive damages if the employer's conduct was malicious. Because civil rights cases are essential to the public good, laws allow judges to force the losing employer to pay your attorney fees. This allows many employment lawyers in Texas to take discrimination cases on a contingency basis, meaning you pay no legal fees unless you win.
Frequently Asked Questions (FAQ)
What exactly is a protective hairstyle under Texas law?
The Texas CROWN Act specifically defines protective hairstyles to include braids, locks (dreadlocks), and twists, which are commonly associated with race and natural hair texture.
Can an employer require me to tie my hair back for safety?
Yes. If you work around heavy machinery, open flames, or in sterile medical environments, an employer can require all employees, regardless of race, to secure their hair for legitimate safety reasons.
Does the CROWN Act apply to public schools in Texas?
Yes, the Texas CROWN Act explicitly extends protections under Tex. Educ. Code § 25.902, prohibiting public school districts from enforcing dress codes that penalize students for wearing natural or protective hairstyles.
What is the deadline to file a CROWN Act claim in Texas?
You have 180 days from the discriminatory event to file a state charge with the Texas Workforce Commission, or 300 days to file a federal claim with the EEOC.
No reviews yet. Be the first to share your experience!