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Hairstyle Discrimination in Schools

Posted by Joseph D. Lento | Dec 31, 2023 | 0 Comments

The American Civil Liberties Union (ACLU) insists that an elementary school in Girard, Kansas, overturn a policy barring boys from wearing long hair. This comes after an 8-year-old Native American student, a Wyandotte Nation member, was allegedly compelled to cut his hair or face expulsion. The ACLU contends that the school's "Boy's Hair Length" policy, which does not apply to girls, violates state and federal laws, constituting religious and sex-based discrimination.  

The child's mother, seeking an exemption based on Native heritage, was reportedly denied. The ACLU asserts that forcing the boy to cut his hair infringes upon his Native American spiritual and cultural traditions. The letter demands the school rescind the policy or grant an immediate exception. As of this writing, the school has not commented on the matter. 

The Lento Law Firm fights for students' rights nationwide. Call 888-535-3686 or contact us online

Hair-Based Discrimination in Schools 

Unfortunately, this child isn't the first student to face discrimination based on the length or style of their hair. In recent years, the courts have seen a growing number of cases alleging that school hair policies discriminate against certain children based on race, culture, or gender. In 2020, the families of two Native American children sued a school district in Nebraska after the school cut their hair against their wishes and without parental permission following a lice check, allegedly violating their civil rights. Many African-American children across the country have also been sent home or threatened with suspension or dismissal for wearing their hair in natural, culturally meaningful styles such as dreadlocks, braids, or Afros. In one 2019 case, a high school wrestling referee compelled an African American student to cut his dreadlocks mat-side or forfeit the match.  

The CROWN Act 

Incidents such as these, coupled with the long history of hair discrimination against African Americans in the workplace, led U.S. Congresswoman Bonnie Watson Coleman and U.S. Senator Cory Booker to introduce the CROWN ("Creating a Respectful and Open World for Natural Hair") Act in 2021. The Act purports to prohibit hair-based discrimination at work and school. The bill explicitly defines and safeguards "protective hairstyles," "national origin," and "race," emphasizing that traits historically linked to race, including hair texture, are included. It extends protection to religious expressions, broadly encompassing religious attire, head or face coverings, jewelry, and artifacts. The legislation addresses a need for comprehensive anti-discrimination measures, recognizing the significance of cultural and religious diversity in the workplace. 

While the federal legislation has yet to be passed, 24 states and 40 municipalities nationwide have signed the CROWN Act or created comparable legislation. Numerous additional states are also considering legislation that will prohibit hair discrimination. 

Hire an Education Attorney for Hairstyle Discrimination  

Hair can be a fundamental part of a student's personal identity and heritage. They shouldn't be forced to deny an essential part of themselves for a school's arbitrary policies. The Education Law Team at the Lento Law Firm has helped numerous students push back on discrimination in the school environment. We are proud to help students whose schools have imposed discriminatory restrictions on their hairstyles and are being threatened or punished for it.  

If you or your child has faced hairstyle discrimination at school, call the Education Law Team at Lento Law Firm today at 888-535-3686 or contact us online. We want to investigate the situation, stand up for the student's rights, and find the best possible solution. 

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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