Indiana lawmakers are currently considering bills aimed at preventing race-based hair discrimination in public schools. Senate Bill 94, introduced by Sen. Fady Qaddoura, D-30th District, and House Bill 1124, authored by Rep. Vanessa Summers, D-99th District, both address the issue of discrimination based on historically associated traits such as hair texture and protective hairstyles.
Jennifer Drobac, an emeritus professor of law at IUPUI, noted that existing Indiana code sections, including the Indiana Civil Rights Act and the Indiana Employment Discrimination Act, already prohibit discrimination. However, Drobac emphasized the limitations of the Employment Discrimination Act, which requires written consent from employers to pursue legal action.
The proposed bills would amend the Indiana code concerning education, offering a potentially more protective aspect for individuals within the public education system. Notably, charter schools would also fall under the purview of these bills, according to Molly Neary, a press secretary for the Indiana Senate Democrats.
Protective hairstyles, defined in the bills as styles like braids, locs, and twists, would be safeguarded against discrimination. The legislation acknowledges traits historically associated with race, ensuring that individuals with specific hairstyles are protected.
However, Drobac highlighted a potential limitation: the protection may not extend to individuals outside the racial or ethnic group traditionally associated with a particular hairstyle. This distinction raises questions about the inclusivity of the legislation and its ability to address the diverse range of hairstyles across different racial and ethnic backgrounds.
Ameriha Renfro, president of the IU Campus Curls and Coils club, emphasized the historical significance of the bills, particularly in addressing the discrimination faced by African American women and women of diverse backgrounds. Renfro sees the legislation as crucial in promoting inclusivity, equality, and allowing individuals to express themselves freely.
The bills, if enacted, would place Indiana among 22 other states that have passed legislation similar to or inspired by the CROWN Act (“Creating a Respectful and Open World for Natural Hair”), aimed at preventing race-based hair discrimination. Drobac believes that the proposed legislation is timely, reflecting growing concerns about diversity and inclusion.
However, Drobac expressed caution, noting the potential for legislative initiatives to be driven by mixed motivations. While she believes the Senate bill’s sponsor is well-intentioned, Drobac acknowledges that some may support the legislation for less noble reasons.
Indiana’s recent legislative actions, particularly regarding transgender and LGBTQ+ rights, add complexity to the discussion. Drobac sees a potential for selective protection, where the state showcases anti-discrimination efforts in one area while moving in the opposite direction in others.
Senate Bill 94 and House Bill 1124 were referred to the Committee on Education and Career Development and the Committee on Education, respectively, on Jan. 8. The legislative session concludes on March 14, according to the General Assembly’s website.
