Like many states, Illinois has been slowly but surely implementing new laws to protect citizens from discrimination for decades. It has recently made major strides by passing legislation through the state Senate prohibiting employers from discriminating against potential employees based on their hair.
Hairstyles may seem like a small thing to protect under law. However, activists believe that this new legislation will have an outsized effect on people of color (POC) across the state. Below, you’ll learn what hair discrimination is, what Illinois’ new law will do to prevent it, and how you can take action if you’ve been the victim of unjust employment hair discrimination in Illinois.
What Is Hair Discrimination?
It’s long been illegal for businesses to discriminate against people of different races during the hiring and promoting process. However, many companies have sidestepped current nondiscrimination laws by setting rules that dictate acceptable hairstyles.
These hair policies require workers to have “professional” hairstyles, which is not the problem. Companies are within their rights to dictate that employees look professional for work.
The issue is what these businesses define as appropriate. Many hairstyle policies explicitly bar styles such as:
- Afros
- Box braids
- Cornrows
- Dreadlocks
- Extensions
You may notice that these styles have something in common: they are most often worn by black people. Whether these policies are actively malicious or unconsciously biased, they have the same effect. They prevent black Americans from working for these companies because of a fundamental element of their race. This practice is known as “hair discrimination,” and it is one of the most common ways modern employers discriminate against POC.
Why Illinois Had to Pass the Anti-Hair Discrimination Bill
POC have not yet had success arguing that hairstyle policies violate federal discrimination laws despite many legal battles. Companies have argued that their policies apply to people of all races, so they aren’t discriminatory. However, research has shown those hair policies have an outsized effect on POC. Due to natural variations in hair texture, white people rarely struggle to achieve permissible hairstyles, while black people often do.
Many POC feel pressured to permanently straighten their hair or shave it entirely to avoid the stigma against naturally curly hair. Hairstyle policies and banned hairstyles are common in white-collar jobs. POC who want to pursue these higher-paid positions must either erase a fundamental aspect of their race or potentially get shut out of their chosen industries entirely.
These policies often hit black women the hardest due to intersectional considerations. Regardless of race, there’s a significant social stigma against women with buzzcuts or shaved heads. However, the only options available for women with tightly coiled hair may be shaved heads or protective styles that are frequently banned. As a result, hairstyle policies are not just discriminatory against POC but also against women.
That’s why Illinois legislator Mattie Hunter introduced Illinois Senate Bill 3616, also known as the Create a Respectful and Open Workplace for Natural Hair (CROWN) Act. This is the bill that will make hairstyle discrimination illegal under state law. As a black woman herself, Hunter deeply understands the struggles that hair discrimination can cause. The rest of the legislature agreed with her, and the bill was unanimously passed as an amendment to the Illinois Human Rights Act. Once Governor Pritzker signs it, it will go into law.
The Changes Made by the Law
The CROWN Act changes the Illinois Human Rights Act’s definition of racial discrimination. Specifically, it states that “’race’ includes traits historically associated with race, including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists.” As a result, it specifically includes racially associated hairstyles under the state’s human rights protections.
Employers and organizations are specifically prohibited from discriminating against workers for any trait named in the Illinois Human Rights Act. This includes activities such as:
- Refusing to hire based on these traits
- Denying promotions or raises
- Assigning better or worse tasks
- Sending people home against their will
Anyone whose human rights are violated in these ways can sue their employers for damages based on the harm they’ve suffered.
Fighting Back Against Employment Hairstyle Discrimination
While the CROWN Act has not yet been signed into law, it is expected that Governor Pritzker will sign it in the coming weeks. Once the law goes into effect, people with coiled hair will have significantly more options to fight back if their employers enforce discriminatory policies.
These hairstyle discrimination cases will be handled like any other human rights violation. The state’s discrimination laws put the burden of proof on the defendant, not the plaintiff. That means that once you’ve provided evidence that you’ve suffered from discrimination, it’s on your employer to definitively prove that it did not, in fact, harass or discriminate against you.
You’ll need to demonstrate that your claim meets four criteria:
- You’re a member of a protected class
- You met the employer’s reasonable expectations at the interview or while on the job
- The employer made a significant and unfair decision regarding your employment
- They treated people outside of your protected class better than they treated you
For hair policy claims, this is relatively simple. You will automatically meet the first point if you wear a hairstyle like braids, dreadlocks, or an afro. The other three elements will require proof, such as copies of discriminatory policies, written communication implying bias, or testimony from other people at the company.
Take Control of Your Hair and Your Career
Your hairstyle is a fundamental part of who you are. If your afro or protective hairstyle is causing you to lose opportunities due to discriminatory policies, you may soon have clearer protections under Illinois law.
You don’t have to wait until the CROWN Act is signed into law to fight against racial discrimination, though. In many cases, hairstyle policies are tightly tied to other forms of discrimination. Reach out to the expert attorneys at the Law Offices of Todd M. Friedman, P.C., to discuss your situation and learn about your options for fighting against discriminatory employers. You deserve to take control of your career; let our team of employment lawyers help.
