EEOC Enforcement Stance
In our April 4, 2024 story, we reported on an EEOC statement announcing a recent Consent Decree. Importantly, the EEOC explicitly stated that natural hair texture counts as an “immutable characteristic of race” covered by Title VII. Accordingly, the Commission concluded that prohibiting a Black employee from wearing her hair in its natural state constitutes race discrimination in violation of Title VII. In the case before the Commission, the employee was female, but this enforcement stance would apply regardless of gender.
We also explained that, currently, there is no legal consensus as to whether Title VII’s prohibition on race discrimination covers natural hair texture. Meanwhile, there is a movement to amend federal law to have the definition of race discrimination in Title VII not only explicitly include natural hair texture but also to protect certain hairstyles.