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HomeMy WebLinkAboutRES-2021-012 Resolution of Amendment Resolution in Support of Adoption of The CROWN Act or Other Legislation Prohibiting Race-Based Hair Discrimination in Orange County and the State of North Carolina i! j i ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT RESOLUTION IN SUPPORT OF ADOPTION OF THE CROWN ACT 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 i WHEREAS , appreciation for diversity in all forms strengthens a community, fosters a welcoming environment, and is critical to a thriving, successful community; 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 i WHEREAS , current state and federal laws prohibit discrimination on the basis of race and ethnicity 1% 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 I WHEREAS , a national movement to address the effects of long-term, insidious race discrimination in reaction to hairstyles and textures commonly associated with people of Black African descent 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 twenty 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 CROWN Act (" 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 programs , housing programs , public accommodations , employment, and access to equal rights under the laws and i WHEREAS , the stated purpose of the identical bills is "to institute definitions of race and national E 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 I' 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 . 4 ' (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 5 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 i 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" s NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of County I' Commissioners hereby : 1 . Supports the passage of H . R. 5309 Creating a Respectful and Open World for Natural Hair Act of 2020 into laws and is 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 . 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 General Assembly, Governor Roy Cooper, United States Senators Richard Burr and Thom Tillis , and United States Representative David E . Prices 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 A . Price , Chair Orange County Board of Commissioners i