Upon hearing that Gov. John Carney had signed into law Senate Bill 32, which includes protections for individuals from discrimination regarding hairstyles, Delaware Department of Labor Senior Administrator Sherese Brewington-Carr was full of joy.

“As a Black woman who has worn her hair naturally for years, this is historical,” said Ms. Brewington-Carr. “Your hairstyle is perfect and proud, your crown and glory, and should not divert from your skill level or professional aspect ... and should not be regarded any more differently than anyone else.”

The bill became law April 13.

For many First State communities of color, the ratification of the law, also known as the CROWN (Creating a Respectful and Open World for Natural Hair) Act, marks a momentous passage, as it reflects the pride embodied within their natural and styled hair, including braids, curls, kinks, locks, texture and twists — and the strive to make any discriminatory actions against this initiative intolerable.

Across the First State, Black-owned barbershops and hair salons have also voiced their support for the bill and the change and power it presents.

“I think that the CROWN Act is amazing; I think that it was a bill that was (and) is needed, and I think that the change that is bringing forth is needed, as well,” said Sherell Flagg, hairstylist and co-owner of RESH Salon and Spa in New Castle.

First introduced to the Senate Judiciary Committee on Jan. 12, the legislation contained research published in a Dove CROWN research study from 2019, which, according to the General Assembly website, made the following findings: “(1) Black women are 80% more likely to change their natural hair to meet social norms or expectations at work; (2) Black women are 50% more likely to be sent home or know of another Black woman sent home from work because of her hair; (and) (3) Black women are 30% more likely to be made aware of a formal workplace appearance policy.”

In response to these findings, and other hair-based discrimination incidents across the country, primary sponsor of the bill, Sen. Darius Brown, D-Wilmington — along with additional support from Reps. Kendra Johnson, D-Bear; Franklin Cooke, D-New Castle; Melissa Minor-Brown, D-New Castle; Rae Moore, D-Middletown; and others — voiced their support in passing a bill that would legally view discrimination against natural or styled hair as intolerable and a punishable offense.

“Delawareans of all races and ethnicities — but particularly people of color — should not have to wait any longer for the General Assembly to pass legislation that advances fairness, equity and justice in our state,” Sen. Brown said in a press release April 15, two days after the law was signed. “Black hair is a fundamental part of the Black experience, (and) this legislation will make it clear that the State of Delaware does not accept our appearance being used as a weapon of harassment and discrimination.”

Just as previously enacted laws have determined that unequal opportunity and pay based on one’s race, ethnicity, gender, sexual orientation, religion, age, disability or other aspects of a person’s identity is unacceptable, the passage of the CROWN Act will allow Black, indigenous and other people of color (BIPOC) statewide to take action against individuals who deny them of opportunity due to the natural or protective styling of their hair.

“I am thrilled and glad that Delaware has joined other progressive states in approving this act,” said Ms. Brewington-Carr. “BIPOC who wear their hair naturally should have no experiences, differences or discrimination as to how they wear their hair, as it does not relate to one’s intellect or ability.”

First established in 2019 by the CROWN Coalition, which includes brands and nonprofit organizations such as Color of Change, Dove, the National Urban League and the Western Center on Law & Poverty, the CROWN Act advocates for BIPOC to celebrate their racial-cultural identities through their natural or styled hair, to challenge those threatening to divert them of educational or work-related opportunities and to control how they choose to wear or style their hair.

“(When supporting the bill) I originally thought about my own personal experiences with hair discrimination in the workplace ... the daily insecurities that I myself struggle with, along with many other Black women, when it comes to choosing the ‘acceptable’ hairstyle,” Rep. Minor-Brown said. “That hairstyle is usually not a style that is healthy and protective for Black women’s natural hair, (and) wearing our hair the way that it naturally grows from our scalp is oftentimes considered unkempt, unclean and unprofessional. Black women and men should not have to change themselves to better fit in with White America’s standards.”

In 2020, similar legislation was introduced in Delaware, but, due to the COVID-19 pandemic, was one of several proposed bills unable to receive votes.

Upon receiving Gov. Carney’s signature this year, Delaware became the ninth state to make race-based hair and hair-texture discrimination within schools and the workplace illegal. California became the first state to sign a similar act into law in July 2019, followed by New Jersey, Colorado, Connecticut and New Mexico.

New York, Virginia and Washington have also passed laws banning discrimination based on race-based hair and stylings within larger legislative packages. Maryland ratified a similar bill without its governor’s signature in 2020.

Other states, including West Virginia and Texas, have either vetoed or rejected like legislation.

On the federal level, the U.S. House passed its version of the CROWN Act on Sept. 22, 2020, but it is still awaiting action in the Senate.

In the First State, this legislation will include hair texture and protective styles under the definition of race in the 31 sections of the Delaware Code guarding against discrimination and will include education, employment benefits, equal acclimations, fair housing, hate crimes, jury selection and other industries.

But, as Rep. Minor-Brown explained, while this passage should be seen as a turning point, there also needs to be a continuation of changes made to ensure that all citizens across Delaware are protected against the biases surrounding the natural or styled state of their hair, as well as establish and maintain validity in all spaces for all people — especially for those who have been denied that viability for too long.

“(While) the weight and pressure to straighten my hair for corporate events, job interviews and so much more was no longer there … it does still sadden me that we have to do this in 2021,” she said. “We’re still fighting to be respected as the beautiful Black human beings that we are, (and) that’s sad and disheartening.

“Any time we can implement legislation to positively impact and change the lives of people in Delaware, it’s a win ... (but) we need to continue educating people about this legislation. It’s important for us to keep conversations around any type of discrimination going, so people are aware of their rights and know what laws protect them.”

With the passage of this law, many Delawareans hope that, while there is still much to be done to completely eradicate discrimination, the ratification of the CROWN Act will be an effective first step toward not only achieving this goal but allowing for all Delawareans to embrace and celebrate the unique qualities of their identities freely.

Ms. Flagg summed it up this way: “The hope is that people can really be themselves freely (and) just be authentic to who they are, and we show that through our crown, which is our hair, our shining jewel. I’m just hoping that with the CROWN Act, people can get an understanding of it (and) what it means ... just so that people cannot feel that they have to look a certain way, wear their hair a certain way, to be accepted as a professional or in any way that they are trying to be accepted.”