Creating A Respectful and Open World for Natural Hair Act of 2022
Floor Speech
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Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2116) to prohibit discrimination based on an individual's texture or style of hair, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 2116
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating a Respectful and Open World for Natural Hair Act of 2022'' or the ``CROWN Act of 2022''. SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Throughout United States history, society has used (in conjunction with skin color) hair texture and hairstyle to classify individuals on the basis of race.
(2) Like one's skin color, one's hair has served as a basis of race and national origin discrimination.
(3) Racial and national origin discrimination can and do occur because of longstanding racial and national origin biases and stereotypes associated with hair texture and style.
(4) For example, routinely, people of African descent are deprived of educational and employment opportunities because they are adorned with natural or protective hairstyles in which hair is tightly coiled or tightly curled, or worn in locs, cornrows, twists, braids, Bantu knots, or Afros.
(5) Racial and national origin discrimination is reflected in school and workplace policies and practices that bar natural or protective hairstyles commonly worn by people of African descent.
(6) For example, as recently as 2018, the U.S. Armed Forces had grooming policies that barred natural or protective hairstyles that servicemembers of African descent commonly wear and that described these hairstyles as ``unkempt''.
(7) The U.S. Army also recognized that prohibitions against natural or protective hairstyles that African-American soldiers are commonly adorned with are racially discriminatory, harmful, and bear no relationship to African- American servicewomen's occupational qualifications and their ability to serve and protect the Nation. As of February 2021, the U.S. Army removed minimum hair length requirements and lifted restrictions on any soldier wearing braids, twists, locs, and cornrows in order to promote inclusivity and accommodate the hair needs of soldiers.
(8) As a type of racial or national origin discrimination, discrimination on the basis of natural or protective hairstyles that people of African descent are commonly adorned with violates existing Federal law, including provisions of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), section 1977 of the Revised Statutes (42 U.S.C. 1981), and the Fair Housing Act (42 U.S.C. 3601 et seq.). However, some Federal courts have misinterpreted Federal civil rights law by narrowly interpreting the meaning of race or national origin, and thereby permitting, for example, employers to discriminate against people of African descent who wear natural or protective hairstyles even though the employment policies involved are not related to workers' ability to perform their jobs.
(9) Applying this narrow interpretation of race or national origin has resulted in a lack of Federal civil rights protection for individuals who are discriminated against on the basis of characteristics that are commonly associated with race and national origin.
(10) In 2019 and 2020, State legislatures and municipal bodies throughout the U.S. have introduced and passed legislation that rejects certain Federal courts' restrictive interpretation of race and national origin, and expressly classifies race and national origin discrimination as inclusive of discrimination on the basis of natural or protective hairstyles commonly associated with race and national origin.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Government should acknowledge that individuals who have hair texture or wear a hairstyle that is historically and contemporarily associated with African Americans or persons of African descent systematically suffer harmful discrimination in schools, workplaces, and other contexts based upon longstanding race and national origin stereotypes and biases;
(2) a clear and comprehensive law should address the systematic deprivation of educational, employment, and other opportunities on the basis of hair texture and hairstyle that are commonly associated with race or national origin;
(3) clear, consistent, and enforceable legal standards must be provided to redress the widespread incidences of race and national origin discrimination based upon hair texture and hairstyle in schools, workplaces, housing, federally funded institutions, and other contexts;
(4) it is necessary to prevent educational, employment, and other decisions, practices, and policies generated by or reflecting negative biases and stereotypes related to race or national origin;
(5) the Federal Government must play a key role in enforcing Federal civil rights laws in a way that secures equal educational, employment, and other opportunities for all individuals regardless of their race or national origin;
(6) the Federal Government must play a central role in enforcing the standards established under this Act on behalf of individuals who suffer race or national origin discrimination based upon hair texture and hairstyle;
(7) it is necessary to prohibit and provide remedies for the harms suffered as a result of race or national origin discrimination on the basis of hair texture and hairstyle; and
(8) it is necessary to mandate that school, workplace, and other applicable standards be applied in a nondiscriminatory manner and to explicitly prohibit the adoption or implementation of grooming requirements that disproportionately impact people of African descent.
(c) Purpose.--The purpose of this Act is to institute definitions of race and national origin for Federal civil rights laws that effectuate the comprehensive scope of protection Congress intended to be afforded by such laws and Congress' objective to eliminate race and national origin discrimination in the United States. SEC. 3. FEDERALLY ASSISTED PROGRAMS.
(a) In General.--No individual in the United States shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance, based on the individual's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same manner and by the same means, including with the same jurisdiction, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act (42 U.S.C. 2000d).
(c) Definitions.--In this section--
(1) the term ``program or activity'' has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a); and
(2) the terms ``race'' and ``national origin'' mean, respectively, ``race'' within the meaning of the term in section 601 of that Act (42 U.S.C. 2000d) and ``national origin'' within the meaning of the term in that section 601. SEC. 4. HOUSING PROGRAMS.
(a) In General.--No person in the United States shall be subjected to a discriminatory housing practice based on the person's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same manner and by the same means, including with the same jurisdiction, as if such subsection was incorporated in the Fair Housing Act (42 U.S.C. 3601 et seq.), and as if a violation of subsection (a) was treated as if it was a discriminatory housing practice.
(c) Definition.--In this section--
(1) the terms ``discriminatory housing practice'' and ``person'' have the meanings given the terms in section 802 of the Fair Housing Act (42 U.S.C. 3602); and
(2) the terms ``race'' and ``national origin'' mean, respectively, ``race'' within the meaning of the term in section 804 of that Act (42 U.S.C. 3604) and ``national origin'' within the meaning of the term in that section 804. SEC. 5. PUBLIC ACCOMMODATIONS.
(a) In General.--No person in the United States shall be subjected to a practice prohibited under section 201, 202, or 203 of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), based on the person's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same manner and by the same means, including with the same jurisdiction, as if such subsection was incorporated in title II of the Civil Rights Act of 1964, and as if a violation of subsection (a) was treated as if it was a violation of section 201, 202, or 203, as appropriate, of such Act.
(c) Definition.--In this section, the terms ``race'' and ``national origin'' mean, respectively, ``race'' within the meaning of the term in section 201 of that Act (42 U.S.C. 2000e) and ``national origin'' within the meaning of the term in that section 201. SEC. 6. EMPLOYMENT.
(a) Prohibition.--It shall be an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining (including on- the-job training programs) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against an individual, based on the individual's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same manner and by the same means, including with the same jurisdiction, as if such subsection was incorporated in title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and as if a violation of subsection (a) was treated as if it was a violation of section 703 or 704, as appropriate, of such Act (42 U.S.C. 2000e-2, 2000e-3).
(c) Definitions.--In this section the terms ``person'', ``race'', and ``national origin'' have the meanings given the terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). SEC. 7. EQUAL RIGHTS UNDER THE LAW.
(a) In General.--No person in the United States shall be subjected to a practice prohibited under section 1977 of the Revised Statutes (42 U.S.C. 1981), based on the person's hair texture or hairstyle, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same manner and by the same means, including with the same jurisdiction, as if such subsection was incorporated in section 1977 of the Revised Statutes, and as if a violation of subsection (a) was treated as if it was a violation of that section 1977. SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit definitions of race or national origin under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), the Fair Housing Act (42 U.S.C. 3601 et seq.), or section 1977 of the Revised Statutes (42 U.S.C. 1981). SEC. 9. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Mr. Speaker, the Creating a Respectful and Open World for Natural Hair Act, or the CROWN Act, is a critically important civil rights bill that would explicitly prohibit discrimination on the basis of hair texture or hairstyles commonly associated with a particular race or national origin. It would do so in areas of the law where discrimination on the basis of race and national origin are already prohibited, such as employment, education, and housing.
To be clear, it is my view that existing civil rights statutes already make such hair-based discrimination unlawful. The Equal Employment Opportunity Commission agrees, having issued guidance interpreting title VII of the Civil Rights Act of 1964 to prohibit such discrimination as a form of race discrimination in certain circumstances. Unfortunately, some Federal courts have erroneously rejected this interpretation. The CROWN Act simply fixes these courts' misinterpretation of Federal civil rights law.
This fix is urgently needed. According to a 2019 study conducted by the JOY Collective, Black people are ``disproportionately burdened by policies and practices in public places, including the workplace, that target, profile, or single them out for natural hair styles'' and other hairstyles traditionally associated with their race, like braids, locs, and twists.
The study also found that 80 percent of Black women believed that they had to change their hair from its natural state to fit in at the office and that they were 83 percent more likely to be judged harshly because of their looks.
While this study illustrates the prevalence of hair discrimination, it is the people behind those numbers that make this legislation so vital. For example, a Texas student was told that he would not be able to walk at graduation because his dreadlocks were too long; a Florida boy was turned away from his first day of school because his hair was too long; and a New Orleans-area girl was sent home from school for wearing braids.
Similarly, numerous Black employees have been told to change their hair because it violated their employer's dress code. Some have even been denied employment altogether because of their hairstyles.
In view of these disturbing facts, 14 States have enacted statutes prohibiting discrimination on the basis of an individual's natural hairstyle--in every case with bipartisan support and sometimes even with the unanimous support of both parties.
While I applaud these States for taking action, this is a matter of basic justice that demands a national solution by Congress. That is why I strongly support the CROWN Act. The House passed a nearly identical measure last Congress, and I hope that we will do so again today.
I thank the gentlewoman from New Jersey, Representative Bonnie Watson Coleman, for her leadership and for introducing this important bill this Congress. I urge all Members to support this legislation, and I reserve the balance of my time.
Mrs. WATSON COLEMAN. Mr. Speaker, I thank the chairman of our committee for allotting me this time to speak on a bill that I think is very important.
Mr. Speaker, I do rise today to defend the right of Black people to exist as their authentic selves.
Mr. Speaker, 58 years after the passage of the Civil Rights Act of 1964, racial discrimination still runs rampant. Far too often, Black people, especially Black women and girls, are derided or deemed unprofessional simply because their hair does not conform to White beauty standards.
Our natural hair is as innate a quality of Black people as the presence of melanin in our skin. Discriminating against our hair is no different than discriminating against the color of our skin.
Hair discrimination forces Black people to choose between employment and existing authentically.
Black women are 80 percent more likely to alter their hair to fit in at work. It is no different at school, where Black students are disproportionately suspended for unapproved hairstyles.
Fortunately, with the support of groups like the CROWN Coalition, State legislatures across the country have banned hair discrimination. State-level progress is an important step in the right direction, but it is not enough.
Mr. Speaker, I have reintroduced the CROWN Act to end hair discrimination at the Federal level. My bill would eliminate an undue burden that Black women face every day.
The methods Black women use to manipulate their hair are not only costly and time-consuming but also damaging to their hair. Nobody should have to sacrifice their time, their money, and the health of their hair for the sake of complying with racist standards of professionalism.
Further, the CROWN Act is a necessary step toward protecting Black beauty and culture. Prohibiting hair discrimination is only the beginning. Even if this bill becomes law, we have a long road ahead toward a truly inclusive society.
As Members of Congress, we must pass legislation that promotes diversity over discrimination and inclusivity over intolerance. And through our work with other organizations like the CROWN Coalition and the Screen Actors Guild, we can change the culture and build an America where everyone, from our essential service workers to our most beloved television stars, can live authentically. I thank those groups for doing everything in their power to raise awareness of this important but often ignored racial justice issue.
The CROWN Act is long-overdue civil rights legislation. I hope my colleagues on both sides of the aisle will support it and send it to the President's desk without delay.
No one should be forced to alter their appearance to be accepted. It is time that Congress recognizes that, and I ask for their support.
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Mr. NADLER. Jackson Lee), a member of the Committee on the Judiciary.
Ms. JACKSON LEE. Mr. Speaker, I thank the distinguished chairman for yielding, and I thank, with deep appreciation, Congresswoman Bonnie Watson Coleman.
I am delighted to be an original cosponsor, and I thank the Committee on the Judiciary for really standing for these issues that are uniquely engaged in the Constitution and equality and justice but that would get no light of day had our chairman and our subcommittee chairpersons not thought that it was valuable and important.
Mr. Speaker, let me say to my friends on the other side of the aisle, I am very glad for their recitation of the civil rights laws. And they are right: They are extremely important in protecting the civil rights of those who have been infringed upon. But they are not perfect, and they are not perfect as evidenced by the continuous, stark discrimination regarding hairstyles, particularly with African-American women and others.
Mr. Speaker, let me just say, I realize that this is a tough business. But wear hairstyles such as what I wear and note the social media calling you monkeys over and over again.
So, it is not just the fact that you wear a style that could be called a crown; it is the advantage that others who want to racially divide--do you know who they do it to? Our children.
It is evident that there is a need for the CROWN Act because it prevents discrimination on the texture of hair or hairstyles commonly associated with a particular race or national origin in areas of the law where discrimination on the basis of race and national origin is already prohibited, but it is not precise. This law is precise.
Black people are disproportionately burdened by policies and practices in public places, including the workplace, that target, profile, or single them out.
But others are engaged as well. The CROWN study found that Black women's hair is more policed in the workplace, therefore contributing to a climate of group control. But I have seen cases as a member of the Committee on Homeland Security of Black women coming back from the Caribbean and their hair being searched, or they are being targeted as having something in that hair. That is insulting and offensive, and it is not constitutional as it relates to equal justice under the law.
The findings also say that 80 percent of Black women believe that they had to change their hairstyle. But, again, the young people who in the midst of their competition in the State of Texas, boys, girls, were required to, in an outrageous manner, cut their dreadlocks before they could compete. How heartbreaking that is. How destroyed those children were. And a young man had to go all the way to the Federal court because he refused to cut his dreadlocks. Why should he?
Mr. Speaker, I am very grateful that the military saw the outrage some years ago. In 2014, Secretary Hagel indicated a review of military policy. The Marine Corps, in 2015, followed suit and issued a regulation to permit loc-and-twist hairstyles.
So it is, in fact, very crucial to know that it is Native Americans; it is men; it is women.
Ms. JACKSON LEE. Mr. Speaker, I am very grateful to the chairman for the time. I thank him so very much.
Again, this is an outstanding tennis player. This is a young man. These are styles that are neat and certainly acceptable. This is a Native American. Again, a Black woman.
And here is the ultimate insult in my State. This young man, before he could compete, had to have his dreadlocks cut.
Mr. Speaker, the CROWN Act is imperative; it is needed; and I can assure you, it will not impact any medical attention that you need because the CROWN Act is about hair and hair does not impact your medical needs.
Mr. Speaker, we need the CROWN Act.
Mr. Speaker, as a senior member of the committee on the Judiciary, Homeland Security, and on the Budget, and an original cosponsor of this important legislation, I rise in strong support of H.R. 2116, the ``Creating a Respectful and Open World for Natural Hair Act of 2021'' (``CROWN Act).
This necessary legislation explicitly prohibits discrimination on the basis of hair texture or hairstyles commonly associated with a particular race or national origin in areas of the law where discrimination on the basis of race or national origin is already prohibited.
It has long been my position that discrimination based on hair texture and hairstyle is a form of impermissible race discrimination.
According to a 2019 report, known as the CROWN Study, which was conducted by the JOY Collective (CROWN Act Coalition, Dove/Unilever, National Urban League, Color of Change), Black people are ``disproportionately burdened by policies and practices in public places, including the workplace, that target, profile, or single them out for their natural hair styles--referring to the texture of hair that is not permed, dyed, relaxed, or chemically altered.
The CROWN Study found that Black women's hair is ``more policed in the workplace, thereby contributing to a climate of group control in the company culture and perceived professional barriers'' compared to non-Black women.
The study also found that ``Black women are more likely to have received formal grooming policies in the workplace, and to believe that there is a dissonance from her hair and other race's hair'' and that ``Black women's hairstyles were consistently rated lower or `less ready' for job performance.''
Among the study's other findings are that 80 percent of Black women believed that they had to change their hair from its natural state to ``fit in at the office,'' that they were 83 percent more likely to be judged harshly because of their looks.
The study indicated that Black women were 1.5 times more likely to be sent home from the workplace because of their hair, and that they were 3.4 times more likely to be perceived as unprofessional compared to non-African- American women.
Eight years ago, the United States Army removed a grooming regulation prohibiting women servicemembers from wearing their hair in dreadlocks, a regulation that had a disproportionately adverse impact on Black women.
This decision was the result of a 2014 order by then-Secretary of Defense Chuck Hagel to review the military's policies regarding hairstyles popular with African-American women after complaints from members of Congress, myself included, that the policies unfairly targeted black women.
In 2015, the Marine Corps followed suit and issued regulations to permit lock and twist hairstyles.
The CROWN Study illustrates the prevalence of hair discrimination but numerous stories across the country put names and faces to the people behind those numbers.
In 2017, a Banana Republic employee was told by a manager that she was violating the company's dress code because her box braids were too ``urban'' and ``unkempt.''
A year later, in 2018, Andrew Johnson, a New Jersey high school student, was forced by a white referee to either have his dreadlocks cut or forfeit a wrestling match, leading him to have his hair cut in public by an athletic trainer immediately before the match.
That same year, an 11-year-old Black girl in Louisiana was asked to leave class at a private Roman Catholic school near New Orleans because her braided hair extensions violated the school's policies.
The next year, two African-American men in Texas alleged being denied employment by Six Flags because of their hairstyles--one had long braids and the other had dreadlocks.
And earlier this year, there were news reports of a Texas student who would not be allowed to walk at graduation because his dreadlocks were too long.
The CROWN Act prohibits discrimination in federally funded programs and activities based on an individual's hair texture or hairstyle if it is commonly associated with a particular race or national origin, including ``a hairstyle in which hair is tightly coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots, and Afros.''
The legislation also provides that the prohibition will be enforced as if it was incorporated into Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in federally-funded programs, and that violations of Section 3(a) will be treated as if they were violations of Section 601 of the Civil Rights Act of 1964.
I strongly support this legislation and urge all Members to join me in voting for the passage of H.R. 2116, the CROWN Act.
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Mr. NADLER. Garcia), a member of the Committee on the Judiciary.
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Mr. NADLER. Moore).
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Mr. NADLER. Madam Speaker, I am prepared to close, and I reserve the balance of my time.
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Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, while racism and discrimination sometimes appear in overt forms, they can also manifest themselves in more subtle ways. One way is through discrimination based on natural hairstyles and hair textures associated with people of a particular race or national origin.
As we have discussed on this floor, this is intolerable and it is not taken care of by current law, despite the statements from the other side notwithstanding. The CROWN Act would make explicit that the civil rights laws prohibit such discrimination. It is a matter of basic fairness and justice.
Madam Speaker, I urge all Members to support this important legislation, and I yield back the balance of my time.
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