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By Megan Davis
The Truth Contributor
If you’ve ever experienced
racial profiling, then you know how humiliating it can be.
Knowing that you have done nothing to warrant being pulled
over and then being harassed by an officer is as unpleasant
of an experience as a black man or woman may feel.
But what happens when you
are profiled at work? You may be qualified, experienced and
certified to hold the position that you do, but if someone
else that lacks melanin feels “threatened” by you,
intimidated or just doesn’t like you, he may chart a course
to remove you from that workplace. If you cannot be
reprimanded for conduct or attendance, he may dig deeper.
While an employer may not discriminate against someone
because of her race, he may choose to discriminate because
of her hairstyle.
During slavery, African
hair was policed. Slaves were either denied the right to
groom their hair or it was completely shaved off. Those who
could not groom their hair, grew a matted mess called
“dreadful” by white masters and others whose hair was
shaved, lost their tribal identity. Once in America, they
were forced to conform to the beauty standards set by the
master’s wives. Those slaves whose skin and hair resembled
that of a white woman could be house slaves; but those who
were darker and had coarser hair were considered field
slaves. Although times have changed, the mentality of the
white master, now employer, has not progressed much.
In 1964, when the Civil
Rights Act was passed, there was a portion dedicated to
discrimination. It reads, “Title VII prohibits employment
discrimination based on race, color, religion, sex and
national origin. “
This Title VII was a
victory for blacks and other minorities seeking employment
in those days. Many corporations have adopted the practice
of non discrimination since then, however, there is a new
practice of policing of employees taking place today.
In 2010, Chastity Jones of
Mobile, Alabama, was an applicant at the Mobile Catastrophic
Insurance Claims Company. She was selected to take part in a
group interview. During that time, her hair was in blond
colored coils. She was offered a position as a customer
service representative. During that same day, Jones met with
her new employer to discuss the training schedule when the
human resources staff noticed that her hair was in
dreadlocks instead of curls.
The manager in charge told
Jones that the company did not allow dreadlocks and that she
would have to cut them off in order to obtain employment.
Jones declined to cut her hair, and the manager immediately
rescinded the job offer. This incident was recorded by the
Equal Employment Opportunity Commission which filed a
lawsuit on behalf of Jones.
The EEOC argued that the
company’s ban on dreadlocks was an act of discrimination
based on physical and/or cultural characteristics. C.
Emanuel Smith, regional attorney for the Birmingham
District Office of the U.S. E.E.O.C, stated "This litigation
is not about policies that require employees to maintain
their hair in a professional, neat, clean or conservative
manner, it focuses on the racial bias that may occur when
specific hair constructs and styles are singled out for
different treatment because they do not conform to normative
standards for other races."
The result of the lawsuit
filed in 2013 ended in the 11th U.S. Circuit Court of
Appeals ruling in favor of the Mobile Catastrophic
Insurance Claims Company, specifically stating that CMS's
"race-neutral grooming policy" was not discriminatory as
hairstyles, while "culturally associated with race," are not
"immutable physical characteristics." This ruling, however,
does not apply to the state of Ohio.
This issue is being argued
in schools from elementary to college as well. Jones isn’t
the first and will not be the last black person who will be
told that her hairstyle isn’t acceptable for the workplace.
On January 28, 2017 at the Westerville, Ohio Public Library,
Michele George MS, MHA, CRC, author of The Knotty Truth Book
series, hosted a panel discussion to address the issues of
natural hair, locs more specifically, in the workplace.
Among the panelists were Lorina Wise, JD, healthcare lawyer;
Tiffany Scott, PSM, PSPO IT business analyst; Melody Bogan,
PhD, Patient Care Advocate; Jennifer Adams, owner of J.
Adams Photography and Megan Davis, owner of The Kitchen
Salon.
For these black, female
professionals with locked hair, the discussion was opened to
talk about how each individual’s workplace supports
diversity and inclusion. Fortunately, for each woman on the
panel, no one has faced discrimination, demotions,
terminations or any reprimand because of her choice in the
locked hairstyle.
Each woman described ways
to ensure fair treatment among their colleagues and peers:
Wise stated that it is important for everyone to read their
employee handbook, including the policy on dress code and
appearance.
Scott, who works in a
field dominated by white males, said that she is a double
minority but her work and experience in the IT field speaks
for itself, her employers are not as concerned with her
hairstyle as they are her performance.
Bogan shared that, while
having new locs was something she had to get used to, her
colleagues have not questioned her professionalism because
of them and her boss even said her style is beautiful.
Both Adams and Davis
stated that being business owners affords them the
opportunity to be themselves, and Davis added that being
confident with yourself can draw others’ attention away from
your hairstyle and onto your skills. “When people are
unsure, their potential employer may also be unsure.” she
continued.
As natural hair continues
to be locked up in litigation throughout the world, it shows
that we have come only so far from being almost criminalized
over something that is naturally our own. There have been
arguments to amend the language in Title VII, to no avail,
yet change will come is if the language of the law and those
it affects, are brought to the table to review and revise
each term and point, and bridge the divide.
The Knotty Truth book
series includes: Managing Tightly Coiled Hair at Home,
Creating Healthy Locs on a Dime, and I Want Locks!
What Should I Do Now? The Starter Guide To Finding The Best
Locks for You! All can be found on Amazon.com or by
visiting Theknottytruth.com.
Photo Credits: Desmond E.
Jones, Columbus, OH
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