Workplace dress codes often include appearance standards. When those policies target natural hairstyles like locs, braids or afros, employees may face pressure to choose between job opportunities and cultural identity. Federal law offers some help, but state-level gaps leave many workers at risk.
Does federal law protect natural hairstyles?
The CROWN Act movement supports clear federal and state laws against hairstyle discrimination. Title VII bans workplace discrimination based on race. Some federal courts have ruled that bans on natural hairstyles may amount to race discrimination when the styles are closely tied to Black culture. However, courts do not all agree. In a widely cited 2016 case, the Eleventh Circuit ruled that an employer did not violate Title VII by refusing to hire an applicant with locs. The court said hairstyles are mutable, meaning they can be changed, unlike traits such as skin color.
The Equal Employment Opportunity Commission (EEOC) has stated that discrimination based on hair texture or natural hairstyles may amount to race discrimination under Title VII because these traits can be linked to race. However, EEOC guidance does not bind courts. An employer may face liability if a grooming policy harms one race more than others, unless the policy is job-related and required by business necessity.
What protections exist in Indiana specifically?
As of 2024, Indiana has no state CROWN Act. Employees mainly rely on federal Title VII for protection. Indiana’s Civil Rights Law, Ind. Code § 22-9-1-3, bans race discrimination but does not specifically protect hairstyles or grooming choices. This gap can make these claims harder to pursue. Workers may need to file complaints with federal agencies. They may also need evidence showing that a neutral-looking policy has a discriminatory racial impact.
How should you document biased policies?
Employees who believe their employer’s grooming policy is discriminatory should start documenting immediately:
- Save copies of written dress codes, employee handbooks and any workplace communications about appearance or grooming standards
- Record each instance the policy was enforced, including the date, location and what was said or decided
- Note any specific statements supervisors or managers made about natural hairstyles, including the date and context
- Write down the names of any witnesses and a summary of what they observed
- Store all personal copies of these records in a secure location outside of employer systems
A clear record of these events can establish a pattern of unequal enforcement and strengthen any complaint or claim challenging the grooming policy.
Indiana hairstyle rights remain unsettled
Indiana employees have limited and unsettled protections for natural hairstyles. Title VII may allow employees to challenge discriminatory grooming policies, depending on how employers write and enforce those policies and which legal theory applies. Indiana has not enacted a state CROWN Act and the law continues to evolve. The specific facts will determine the strength of a claim.