By Faith Fistler for Kent State NewsLab.
Broadcast version by Nadia Ramlagan.

The first time Tyana Barton was singled out because of her hair was when she was told to straighten it before a dance recital.

"That was like the first time in maybe 10 years I've ever had to straighten my hair. So I was like, distraught about that," Barton said. "And everybody was just like, 'it's not that serious'. And I'm like, 'it is, though. It is.'"

At the predominantly white studio in Dayton, Barton's instructor wanted all the dancers to look the same for a particular performance. Barton, being the only Black dancer, was asked to straighten her afro-textured hair to comply.

"I'm looking at all of these other girls with long hair, and it's just like perfectly straight. And then I'm having to go over my hair several times with the straightener just to get it to any form. It made me super emotional," said Barton, who is now a fashion merchandising student at Kent State University.

In Ohio, there is no statewide legal protection against hair-based discrimination from employers and schools. Individuals can be told to change their afros, braids, dreadlocks and twists or denied employment opportunities if it does not align with dress code standards.

The Creating a Respectful and Open World for Natural Hair Act, otherwise known as the CROWN Act, would provide statutory protection for individuals discriminated against for wearing protective hairstyles unique to Black culture.

Rep. Juanita Brent (D-Cleveland) has been trying to get the act off the house floor since 2020. In 2023, she reintroduced House Bill 178 for the third time, now with bipartisan support from republican Rep. Jamie Callender (R-Concord).

"This is my life story. My hair may be straight now, but most times my hair is in braids," Brent said. "And I just think it's crazy that there are people who are being removed from classrooms, who are not allowed to participate in sports events and are being removed from job opportunities because they're choosing to have their hair in braids and afros."

The legislation has already passed in cities such as Columbus, Akron, Cincinnati and Cleveland Heights.

"There are so many places where discrimination is occurring. So sometimes it takes a lot longer to do it in every city, and every community," she said. "Sometimes people don't realize the need for it until it happens to your neighbor, your grandchild, it happens to yourself."

The Ohio Chamber of Commerce has testified against H.B. 178, arguing that it "increases civil liability for employers, limits at-will employment in our state, and hampers the ability for businesses to set their own workplace policies."

Kevin Shimp, who testified on behalf of the Chamber, did not respond to interview requests.

The legislation is currently with the House Civil Justice Committee and has until December 2024 to pass.

"Controlling people's hair is almost like putting people in their place and saying you don't belong here," Brent said.

The history of what is considered an acceptable presentation of Black hair in the United States dates back to slavery when European aesthetics became the standard, said Mwatabu Okantah, department chair and professor of Africana Studies at Kent State University.

"On the one hand, many of our people have just ignored it and have lived according to our own aesthetic values, even within the context of being here in the United States," Okantah said. "Then, others of our people have internalized it and have struggled with extremely negative perceptions of ourselves, seeing ourselves the way white society sees us."

Black people's response to the European aesthetic has gone through cycles of assimilating to the social norm to embracing natural hairstyles in spite of it. Okantah said the cultural shift in recent years could be attributed to changing attitudes and Black people holding more positions of power.

"Enough of us now are scholars, mental health professionals, lawyers, and politicians. And so we have more tools to take that back. So I think the CROWN Act came out of that," he said.

The CROWN Act was introduced in California in 2019. It is now law in around two dozen states. The House of Representatives approved the CROWN Act in 2022, but the Senate did not.

Wendy Greene, a professor at Drexel University Thomas R. Kline School of Law and founder of #FreetheHair, has served as an advisor since the CROWN Act was conceived and has found the experience "rewarding".

"It's been really great to be able to see how this legislation is empowering young people to be advocates, young people to express their racial and cultural identities freely in their schools and their workplaces," Greene said. "And to see in turn, how people are using this legislation to educate and enrich others who may not really be familiar with this kind of discrimination because it's not their experience."

While the legislation will not end racial discrimination, the CROWN Act means employers could be found financially responsible for an individual's loss of job opportunity and emotional or psychological damage, Greene said.

"The major legal obligation is to just to stop engaging in the discrimination in and of itself," she said.


Faith Fistler wrote this article for Kent State News Lab. This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


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Civil rights groups are sounding the alarm about potential threats to American democracy posed by Project 2025, a roadmap created by the Heritage Foundation for the next Republican president.

The 900 page document calls for dismantling key protections against discrimination, access to reproductive health care, and more.

Maya Wiley, CEO of the Leadership Council on Civil and Human Rights, said Project 2025 aims to undo gains made 60 years ago with the passage of the Civil Rights Act.

But she said this agenda isn't new.

"And either we're going to stand on the victory of ending slavery, and of understanding the role of a federal government in ensuring that we all have civil rights, or we will not have a democracy," said Wiley. "And this is a blueprint for ending it."

Donald Trump has recently distanced himself from Project 2025, after praising the Heritage Foundation's plans in 2022.

Heritage says the roadmap - which was co-authored by top Trump advisors - does not speak for any single candidate, it just provides recommendations.

Many of those track closely with Trump's priorities, including removing regulations and checks on presidential power.

AFL-CIO President Liz Shuler said Project 2025 also calls for expanding child labor and rolling back workplace protections under the Occupational Safety and Health Administration or "OSHA" - designed to prevent accidents, injury and death.

"Tell that to a woman who lost her son in a grain silo, that could have been prevented, because he was cleaning it without the proper equipment," said Shuler. "That is OSHA. These fines and these laws are there for a reason."

Project 2025 would ban both abortion and in vitro fertilization nationally, and restrict access to contraception.

Patrick Gaspard, CEO of the Center for American Progress, said he believes the roadmap's creators want to take the nation back not to 1964 but to 1864.

"When men made decisions for women," said Gaspard, "when people who looked like me did not have the full agency and franchise of this great American republic, when huge corporations worked folks like farm animals."

Support for this reporting was provided by the Carnegie Corporation of New York.




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Today is Black Women's Equal Pay Day and at 11 a.m. PT, advocates hope to get the topic trending with a "social media storm."

The wage gap is stark. Black women working full-time, year-round make 69 cents for every dollar made by non-Hispanic white men. And the number is 66 cents when you include all full-time, part-time and part-year workers.

Deborah Vagins, national campaign director for the nonprofit civil-rights group Equal Rights Advocates and director of its Equal Pay Today coalition, explained the day is intended to spark debate.

"Black women have to work all the way into July of this year to make what white non-Hispanic men would have made in 2023 alone," Vagins pointed out. "It's an acknowledgment of that pay gap."

Advocates are pressing Congress to pass the Paycheck Fairness Act, which would protect all workers against retaliation for discussing their pay. It would also ban the use of prior salary history when setting wages and require the federal government to collect pay data from employers, making it easier to root out disparities.

Vagins noted the fight for equal pay for equal work is more complex than the battle against racial and gender discrimination.

"It's also the lack of pay transparency in the workplace," Vagins emphasized. "It is setting salaries based on your prior salary history rather than on your qualifications for the job. It's jobs failing to have protections against harassment or pregnancy discrimination."

Vagins also cited the segregation of Black women into poverty-level minimum-wage work, particularly tipped jobs in the restaurant industry using a subminimum wage.


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In a blow to free speech and the right to assemble, the U.S. Supreme Court recently declined to hear a case involving the rights of protest organizers in Mississippi, Louisiana and Texas.

McKesson v. Doe stemmed from protests over the 2016 police killing of Alton Sterling in Baton Rouge, Louisiana. A protest organizer faced charges after a police officer was injured by the actions of an unknown protester.

Cicley Gay, board chairwoman of the Black Lives Matter Global Network Foundation, said an opinion by the Fifth Circuit now stands, allowing an organizer to be held liable for the individual actions of others at a protest based on negligence.

"This case without question infringes upon all of our First Amendment rights," Gay contended. "It's incumbent upon us to reject its premise and its intention, which is, frankly, to scare champions of justice and organizers away from mass protest."

The Fifth Circuit covers Mississippi, Louisiana and Texas, and Gay noted the First Amendment still protects the right to assembly. Black Lives Matter protests have attracted diverse groups of people and a Harvard study shows 26 million participated in protests in 2020.

Protesting at college campuses across the country has been on the rise, with students complaining law enforcement involvement has made matters worse. Gay argued it is important for Mississippians to remember Martin Luther King Jr. and understand protest is at the core of every successful social movement in this country.

"We want our young people to be able to continue to raise their voices," Gay emphasized. "Oftentimes, protest is not pretty. It is intended to disrupt. And as long as people are doing it peacefully, they should be entitled to do so."

Gay stressed the Fifth Circuit decision essentially eliminates the right to organize a mass protest because organizers could be held financially liable if even one protester commits an illegal act.