Download This Paper'When the Sun of Cultural Beauty Rises, the Competent Mind Remains Resilient!': The Journey of Title VII and the Story of Natural Hair
Southern University Law Review (Southern University Law Center, Baton Rouge, LA) Forthcoming
29 Pages Posted: 7 May 2020
Date Written: April 7, 2020
Abstract
The Article analyzes the origins of black women’s natural hair, the effects of natural hairstyles in the workforce versus other hairstyles, and resolutions to embracing natural hairstyles as a part of a black woman’s culture. The author discusses the importance of culturally competent programs, reviews the need to expand the definition of race, and tracks the progress of legislation in support of natural hairstyles and associated protective hairstyles. The author suggests that the definition of race under Title VII of the Civil Rights Act of 1964 be expanded to include characteristics of a person’s culture such as hairstyle and that the courts should evaluate cases linked to Title VII by considering both the immutable and mutable characteristics of a person.
The Article reviews cases analyzed under Title VII from 1975 to 2016, identifies a trend of how courts apply Title VII based on immutable and mutable qualities, and suggests methods to expand the court’s application of Title VII while intertwining the efforts of legislation at the state level to protect natural hairstyles and other traits of race. The author explains that for changes to be made in the definition of race, culturally competent programs must be established in the workplace to help employees gain an awareness of cultural differences among the workforce, which in return can fuel a new and more expansive definition of race. Furthermore, the author’s research shows that successful efforts at the state level have been made and on-going efforts at the federal level are being made to protect race in respect to traits significant to various cultures. The author recommends stimulating a culturally understanding work environment, which can lead to a broadened interpretation of race under Title VII that is inclusive of different cultural groups.
Keywords: Natural Hair Origins, Natural Hair, Natural Hair in the Workforce, Protective Hairstyles, Cultural Competence, Immutable Characteristics, Mutable Characteristics, Definition of Race, Culturally Competent Programs
JEL Classification: K00, K31, M10, M50, Z10, N30
Suggested Citation: Suggested Citation