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2 York L. Rev. 107 (2021)
The Truth within our Roots: Exploring Hair Discrimination and Professional Grooming Policies in the Context of Equality Law

handle is hein.journals/yorklr2 and id is 113 raw text is: The Truth within Our Roots: Exploring Hair Discrimination and Professional Grooming Policies in the Context of Equality Law Stephanie Cohen Abstract Hair discrimination is a form of social injustice targeted at those of Black heritage. The Equality Act 2010 provides protection from discrimination, harassment, and victimisation on the basis of nine protected characteristics, one of which is race. Under its provisions, race can mean colour, nationality, ethnic or national origins. Hair is not explicitly mentioned, creating a grey area within the law. This paper considers the prevalence of hair discrimination cases in the United Kingdom, where racialised hair discrimination can be perpetuated through policies in schools or workplaces. Recent media reports have illustrated that these policies, which aim to regulate 'professional' hairstyles, can have a disparate impact on those with Afro-textured hair. Mixed raced pupils have been excluded from schools, with their hair perceived as 'unprofessional' and 'inappropriate'. The United States of America (USA) has taken steps to address these issues through the CROWN Act 2020, which prohibits racialised hair discrimination. This paper posits that our current legal understanding of race, as it exists in the Equality Act 2010, is inadequate to address racialised hair discrimination. It proposes that reforms similar to those contained in the USA CROWN Act 2020 could be enacted to better encapsulate a more holistic statutory understanding of race.

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