HomeMy WebLinkAboutAgenda - 03-02-2021; 4-a - Resolution Supporting the CROWN Act and Amending Chapter 12 of the Orange County Civil Rights Ordinance 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 2, 2021
Action Agenda
Item No. 4-a
SUBJECT: Resolution Supporting the CROWN Act and Amending Chapter 12 of the
Orange County Civil Rights Ordinance
DEPARTMENT: Human Rights and Relations
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Renee Price, Chair, BOCC, (919) 245-
Ordinance Amendment 2130
Annette Moore, Human Rights and
Relations, (919) 245-2317
PURPOSE: To consider a Resolution supporting local, state, and federal laws that prohibit
discrimination based on a person's hair texture or hairstyle if that style or texture is commonly
associated with a particular race, religion, or national origin; and also approving an amendment
to the Orange County Civil Rights Ordinance prohibiting this discrimination.
BACKGROUND: The Resolution and Amendment support local, state, and federal laws that
prohibit discrimination based on a person's hair texture or hairstyle if that style or texture is
commonly associated with a particular race, religion, or national origin. Specifically, if those laws
prohibit discrimination based on hair texture or hairstyle when participating in federally, state, and
local assisted programs, housing programs, public accommodations, and employment.
While a wide range of hair textures are typical among people of African descent, the decision to
wear one's hair in a particular style is highly personal. The reason behind the decision may differ
depending on the individual. Some wearers adapt styles designed as "protective" to maintain hair
health, or as part of cultural identity, and or a variety of other personal, financial, medical, religious,
or spiritual reasons.' There has been a widespread belief that Black hairstyles are not suited for
formal settings, maybe unhygienic, messy, disruptive, or unkempt.' In 2014, the U.S. Department
of Defense generally prohibited Black hairstyles. After a backlash by Black women serving in the
Armed Forces, the ban was reversed in 2017, and the terms "matted and unkempt"were removed
from the appearance regulations. These changes reflected a reevaluation of longstanding bias
and discriminatory impact and the harms they caused on the military troops.
' Locs may also be worn by some Black people for religious purposes, such as Rastafarians. See generally Brief for
NAACP Legal Defense and Educational Fund,Inc. et al., as Amici Curiae Supporting Appellants,EEOC v. Catastrophe
Mgmt. Solutions, No. 14-13482 (llth Cir. Dec. 28, 2016), https://www.naacpldf.org/files/about-
us/EEOC v CMS Final.pdf.
2 Petition for Writ of Certiorari, supra note 17, at *6-7; see also NAACP Legal Defense and Educational Fund, Inc. &
American Civil Liberties Union, Letter to Florida Department of Education, ACLU (Nov. 29, 2018),
https://www.aclu.org/legal-document/florida-department-education-complaint-chargerace-discrimination
2
A 2019 Joy Collective Study CROWN Research Study found that discrimination based on
hairstyles has a real, measurable social and economic impact on Black women. The Crown Study
also found that Black women were 80% more likely to agree with the statement that they had to
change their hair from its natural state to fit in at the office than White women. Wearing one's hair
in a natural or protective style may also have significant physical and psychological harm to those
who have to choose between maintaining their livelihood and education or their cultural identity
and hair health.3 Black women have faced significant socio-economic pressure to conform to
white or European beauty standards by straightening or relaxing their hair, which can cause
emotional distress, including dignitary and stigmatic harm. Because of this stress, Black women
are likely to spend more money on their hair, spend more money on professional hair styling
appointments and products, and experience anxiety related to hair. These experiences highlight
the consequences of being compelled to conform to the standards of White and European beauty
standards or stigmatized for wearing one's hair in a natural style.
The North Carolina Supreme Court, in 2003, declared the employment law section of the Orange
County Civil Rights Ordinance (the Civil Rights Ordinance") unconstitutional. Later that year, the
Board of Commissioners attempted to get statewide legislation passed that would allow counties
to pass local ordinances protecting the rights of residence against employment discrimination.
The legislation passed the House but stalled in the Senate. Today, North Carolina does not have
a statewide Fair Employment Law, nor does it allow localities to protect its residents from
employment discrimination.
Staff recommends the following:
1. Supporting H.R 5309, Creating a Respectful and Open World for Natural Hair
(CROWN)Act of 2020 prohibiting discrimination based on the individual's hair texture
or hairstyle. (See Report Accompany H.R. 5309)
2. Supporting a similar CROWN Act legislation in North Carolina AND a North Carolina
Fair Employment law to support the enforcement of the CROWN Act and other
employment discrimination laws in North Carolina
3. Amending Chapter 12 of the Civil Rights Ordinance to prohibit discrimination based
on a individual's hair texture or hairstyle, if the hair texture or hairstyle is commonly
associated with the person's race, national origin, or religion (including a hairstyle in
which hair is tightly coiled, locs, cornrows, twists, braids, Bantu knots, and Afros)
The terms "national origin" and "religion" have the same meaning as in §12-6 of the
Orange County Civil Rights Ordinance. The terms "national origin," "religion," and
"race" include discrimination based on hair texture or hairstyle commonly associated
with a particular race, national origin, or religion (including a hairstyle in which hair is
tightly coiled, locs, cornrows, twists, braids, Bantu knots, and Afros).
FINANCIAL IMPACT: The financial impact associated with this action is unknown. Enforcement
of this Ordinance could lead to the need for more investigative personnel in the Human Rights
and Relations Department.
3 See generally Dr. Gillian Scott-Ward,Moving Past Racist Grooming Standards Terrorizing our Children,Medium(Jan. 10,
2018),https:Hmedium.com/@gillianscottward/moving-past-racist-groomingstandards-terrorizing-our-children-40df73b9ecb3.
3
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUALITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex; gender or sexual orientation; national origin or ethnic
background; age military service; disability; or familial, residential, or economic status
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
associated with this action.
RECOMMENDATION(S): The Manager recommends that the Board approve the Resolution and
adopt the Ordinance and authorize the Chair to sign the Resolution amending the Code of
Ordinances.
RES-2021-012 4
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF AMENDMENT
RESOLUTION IN SUPPORT OF ADOPTION OF THE CROWNACT OR OTHER
LEGISLATION PROHIBITING RACE-BASED HAIR DISCRIMINATION IN ORANGE
COUNTY AND THE STATE OF NORTH CAROLINA
WHEREAS, Orange County is a community that prides itself on being composed of people
who value diversity of backgrounds, cultures,beliefs, traditions and experiences; and
WHEREAS, appreciation for diversity in all forms strengthens a community, fosters a
welcoming environment, and is critical to a thriving, successful city; and
WHEREAS, discrimination based upon natural hair texture and styles remains a source of
racial bias, impacting educational and employment opportunities for people of color,
particularly women and men of Black African descent; and
WHEREAS, Orange County has developed a locally applicable non-discrimination ordinance
that will prohibit discrimination in employment, public accommodations, and fair housing
access against individuals who wear "protected hairstyles," which is defined in the pending
ordinance as "any hairstyle, hair type, or hair texture historically associated with race such
as, but not limited to, braids, locks, twists, tight coils or curls, cornrows, Bantu knots, and
afros"; and
WHEREAS, current state and federal law prohibit discrimination on the basis of race and
ethnicity in employment, public accommodations, housing and schools, yet offers no
protection to individuals with specific hair styles or textures related to race or ethnicity; and
WHEREAS, a national movement to address the effects of long-term, insidious race
discrimination in reaction to hairstyles and textures commonly associated with communities
of color is being spearheaded by the CROWN Coalition, a national alliance founded by Dove,
the National Urban League, Color of Change, and the Western Center on Law&Poverty; and
WHEREAS,with the assistance of the Coalition,a wave of legislation has been enacted across
the United States over the past eighteen months, both at the federal and state level, which
specifically adds race-based hair discrimination to the legal definition of race discrimination;
and
WHEREAS,beginning in California in July 2019, The CROWNAct("Creating a Respectful and
Open Workplace for Natural Hair") now has been adopted in seven states and legislation is
under consideration in more than twenty other states, as well as in Congress; and
WHEREAS, at the federal level, the "CROWN Act of 2019" has been introduced by
Representative Cedric Richmond (LA-2) in the form of H.R. 5309 in December 2019 and by
Senator Cory Booker(NJ) in the form of S. 3167 in January 2020,and would amend a panoply
of existing federal civil rights law prohibiting race discrimination in federally assisted
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programs, housing programs, public accommodations, employment, and access to equal
rights under the law; and
WHEREAS, the stated purpose of the identical bills 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"; and
WHEREAS, the pending federal bills include an initial section of Congressional "findings"
providing an eloquent and compelling argument for the necessity of the proposed Act, as
follows:
(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 locks,
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 United States Armed Forces had grooming
policies that barred natural or protective hairstyles that servicewomen of African
descent commonly wear and that described these hairstyles as "unkempt".
(7) In 2018, the United States Armed Forces rescinded these policies and recognized
that this description perpetuated derogatory racial stereotypes.
(8) The United States Armed Forces also recognized that prohibitions against natural
or protective hairstyles that African-American servicewomen are commonly
adorned with are racially discriminatory and bear no relationship to African-
American servicewomen's occupational qualifications and their ability to serve
and protect the Nation.
(9) 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.
(10)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
6
the basis of characteristics that are commonly associated with race and national
origin.
(11) In 2019,State legislatures and municipal bodies throughout the United States 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; and
WHEREAS, the Orange County Board of County Commissioners has the responsibility to
advocate on behalf of all of residents,and recognizes,as espoused by the CROWN Act of 2019,
that "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......and other contexts" and to "explicitly
prohibit the adoption or implementation of grooming requirements that disproportionately
impact people of African descent",-
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of County
Commissioners hereby:
1. Supports the passage of H.R. 5309 Creating a Respectful and Open World for
Natural Hair Act of 2020 into law;
2. Requests the North Carolina General Assembly pass legislation similar to H.R.
5309 and a Fair Employment law that will protect all North Carolinians from all
forms of employment discrimination; and
3. Support the inclusion of religious discrimination as a category of protected class
in federal and state law.
BE IT FURTHER RESOLVED that the Clerk to the Board is directed to send copies of this
resolution to the Orange County delegation to the North Carolina Legislature, Governor Roy
Cooper, North Carolina Senators Richard Burr and Thom Tillis, and US Representative David
Price; and
BE IT FURTHER RESOLVED that the Code of Ordinances, Orange County, North Carolina,
Chapter 12, Section 54(c) be amended to add the following numbered section 12-54(c)(3),
which section reads as shown in the attached revised ordinance to prohibit discrimination
in Orange County.
This the 2nd day of March 2021.
Renee Price, Chair
Orange County Board of Commissioners
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ORD-2021-005
An Ordinance Prohibiting Discrimination Throughout Orange County
Sec. 12-54.— Prohibited acts.
(c) It shall be unlawful for any person to intentionally or knowingly:
(3) Discriminate based on the individual's hair texture of hairstyle, if that hair texture or
hairstyle is commonly associated with a particular race, national origin, or religion
(including a hairstyle in which hair is tightly coiled, locs, cornrows, twists, braids, Bantu
knots, and Afros).
The terms "national origin" and "religion" have the same meaning as in §12-6 of the
Orange County Civil Rights Ordinance. The terms "national origin," "religion," and "race"
throughout this Chapter include discrimination based on hair texture or hairstyle
commonly associated with a particular race, national origin, or religion (including a
hairstyle in which hair is tightly coiled, locs, cornrows, twists, braids, Bantu knots, and
Afros).