'Crown Act' to Ban Hair Discrimination Awaits Signature
A New Jersey bill, known as the "Create a Respectful and Open Workspace for Natural Hair Act" or CROWN Act, would prohibit discrimination on the basis of hairstyle, type or texture under the New Jersey Law Against Discrimination.
December 17, 2019 at 07:42 PM
4 minute read
A measure that was prompted largely by an incident in which an Atlantic County high school wrestler's dreadlocks were shaved off prior to a match, which would ban hair discrimination in the workplace, housing and at school, is awaiting the governor's signature.
The New Jersey bill, known as the "Create a Respectful and Open Workspace for Natural Hair Act" or CROWN Act, is modeled after a similar measure that became law in California last summer. It got final Senate approval by a 38-1-1 vote Monday.
S-3945 would prohibit discrimination on the basis of hairstyle, type or texture under the New Jersey Law Against Discrimination. It would amend the LAD so the term "race" includes traits historically associated with race. This would include, but would not be limited to, hair texture, hair type and protective hairstyles such as braids, locks and twists. It also includes Afros.
The Assembly version, A-5564, was also approved on the same day during a marathon voting session by the lower chamber, by a 71-1-8 vote.
The legislation now heads to Gov. Phil Murphy's desk.
"The idea that someone could be dismissed from school or denied employment for wearing their hair exactly how it grows is mindboggling, but unfortunately that has been the case for black and brown individuals for far too long," said Sen. Sandra Cunningham, D-Hudson, in a statement after the Senate voted. Cunningham, Sen. NIa Gill, D-Essex, and Sen. Shirley Turner, D-Mercer, were the primary sponsors in the Senate.
"I am grateful to be a part of the national movement to put an end to this discriminatory practice and ensure people of color are free to wear their hair however they feel best represents them, whether that be locks, braids, twists or curls," Cunningham said.
Primary sponsors of A-5564 in the Assembly were Assemblywoman Angela McKnight, D-Hudson; Assemblywoman Verlina Reynolds-Jackson, D-Mercer; and Assemblywoman Shanique Speight, D-Essex.
Passage of New Jersey's and California's Crown Act bills follow the lead of cities such as New York, whose Commission on Human Rights recently introduced its own legislation making hair discrimination illegal.
Turner said her sponsorship and support of the measure were prompted in large part by the nationally reported case of an Atlantic County high school wrestler forced into an on-the-spot decision to either shave his dreadlocks or forfeit a match.
The legislation was first introduced in the state Assembly and Senate on June 13.
"In the last few years, we have seen several cases in New Jersey and around the country where children were sent home from school, or denied participation in extracurricular activities because of how they choose to wear their hair," Turner said. "Hair discrimination policies, rooted in Eurocentric beauty standards, have no place in our schools or our workplaces. It is time we get rid of them once and for all."
With the incident involving Buena Regional High School junior Andrew Johnson, a video captured his dreadlocks being shaved off during a December 2018 wrestling meet. Referee Alan Maloney, citing high school wrestling rules, had required Johnson to either shave off the dreadlocks or forfeit the match.
Turner noted that Maloney gave Johnson 90 seconds to make a decision. Johnson ultimately won the match but had his hair cut in the gymnasium and was publicly humiliated just so he could participate, Turner said.
An investigation into the incident by the state Attorney's General's Office prompted a new statewide mandate last fall. On Sept. 18, the Division on Civil Rights issued a new "Guidance on Race Discrimination Based on Hairstyle" that explains that treating people differently due to their hairstyle may violate anti-discrimination law.
Attorney General Gurbir Grewal also announced that day that Maloney, the referee whose ruling led to Johnson's dreadlocks being shorn off, would be suspended for two seasons, and that in-person bias training for officials and staff involved in high school athletics across the state will become mandatory.
The suspension and additional training were part of a memorandum of agreement reached between the state Division on Civil Rights and the New Jersey State Interscholastic Athletic Association at the conclusion of an investigation into the Buena incident.
U.S. Sen. Cory Booker, D-New Jersey, chimed in on the Legislature's passage of the Crown Act bill.
"Today's passage of the CROWN Act marks a historic step in banning a culture of discrimination against black hair," Booker said in a statement. "Hair discrimination is a civil rights violation and we must stop reinforcing racism and biases against black hair."
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