By Sabina Harris-Hercules
The Equality Act 2010 (the Act) was enacted to protect people against discrimination in the workplace and the wider society. The Act came into effect in October 2010. Prior to the Act, there were several pieces of legislation to cover discrimination, and these included, the Sex Discrimination Act 1975, Race Relations Act 1976 and the Disability Discrimination Act 1995. The Act replaced the previous anti-discrimination laws with a single Act, and it was intended to make the law easier to understand and to strengthen protection.
The Act was designed to address various forms of discrimination, and to protect individuals with certain characteristics including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Act was intended to be comprehensive and provide a legal framework to tackle discrimination on the various grounds cited.
While racial discrimination is addressed as a specific protected characteristic, it could be argued that black hair discrimination is not mentioned in the Act, and that the prevailing law is insufficient to protect Afro hair as the type of discrimination is rooted in stereotypes and biases associated with racial or ethnic identity.
It could be argued that the Act cannot intercede forms of oppression directed at black hair which results in black women, striving towards Eurocentric norms such as straight, long and silky hair in order to follow the expected standards. Where a person fails to follow the expected standards, they may lose their job, promotion, or even suffer disdain from co-workers, customers, students or others.
It is also important to note that the expectation to conform to Eurocentric hair standards, is also a problem for the care of black hair and the health of the individual. Health studies have now recognised that protective hair styles such as braids, loc and twists are better for black hair than a variety of products, including hair relaxes, pressing combs and straightening. Hair products which contain parabens, phthalates and other chemicals that are known to be endocrine disruptors that interfere with hormones, are found in products that result in black hair being reconstructed to fit the stereotype of Eurocentric hair. Studies have shown that the disruption to black hair textures with various hair products, is linked to serious health issues, including diabetes, metabolic syndrome, cardiovascular disease, and pregnancy-related complications. There are also studies that link the chemicals to cancer.
It is therefore important that protective hairstyles are not discriminated against or oppressed, as they shield black hair from damage, prevent serious side effects from chemicals, and encourage length retention. The pressure to conform to Eurocentric hair styles is essentially race-based and creates societal and economic harm to black people who want to embrace their natural hair styles. It is essential that there is legislation so that employers and schools can examine their policies, training and the effect of what “professional” hair should look like when considering the impact on black hair.
The Black Hair Society (TBHS) is seeking legal support with legislation that respects and embraces the beauty and natural diversity of black hair. Legislation that will encourage black women to have control over their hair and shape their own perceptions without being influenced by the bias that is targeted against black natural hair styles in the workplace, schools and the public domain.
It is not advocated that legislation will eradicate the explicit bias against black hair, rather it is expected that a legal enactment specifically geared towards black hair discrimination, will offer legal support for black hair, and help reduce bias by supporting individuals who want to embrace their natural beauty.
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