Afro hair discrimination: The movement for change
Chris Hadrill, partner and head of employment at Redmans Solicitors, explores whether Afro hair is protected under the Equality Act, and steps employers should take to avoid discrimination and create more inclusive workplaces for people who have Afro hairstyles
Afro hair, characterised by its tight curls and coils, holds deep cultural and personal significance for many individuals of African descent. Beyond its aesthetic appeal, it embodies a rich heritage and identity, including ethnic, regional and national identities.
The Equality Act 2010 protects individuals in the UK from discrimination based on specific attributes known as protected characteristics, such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
While hair type or style is not explicitly mentioned, hairstyles associated with cultural or ethnic identities can be interpreted under the “race” protected characteristic. For instance, the Equality and Human Rights Commission has highlighted that school policies banning certain hairstyles may indirectly discriminate against pupils with Afro hair, as these styles can be integral to their racial identity.
The general perception regarding Afro hair
A report by World Afro Day CIC found that only 65% of employers considered Afro hair appropriate for the workplace, compared to 85% for straight hair. Furthermore, 37% of employers admitted their organisation might be less likely to hire candidates with “inappropriate” hair.
It is this kind of unfavourable treatment that is causing many to come forward and demand change. Campaigners from World Afro Day have called for the UK to amend the Equality Act 2010 to explicitly include Afro hair as a protected characteristic. They believe that the absence of specific protection allows discrimination against Afro hair to persist in various spheres of life, including the workplace.
An open letter to MPs emphasises the need for legal change to prevent unfair penalties and discrimination based on natural Afro hairstyles. In a broader context, the debate regarding Afro hair and whether it should amount to a protected characteristic is being discussed alongside other traits like regional accents, social class and weight.
However, despite the protection provided to particular types of race-related characteristics, many argue that the current legal framework is insufficient.
Should Afro hair become a protected characteristic?
As the movement to recognise Afro hair as a protected characteristic gains momentum, the UK could set a precedent in promoting inclusivity and respect for cultural identities by explicitly protecting Afro hair under the Equality Act.
However, more legislation is not always the answer to a specific problem; the solution may already exist within the existing legislation. Currently, it is arguable that Afro hair is already protected under the Equality Act as a race-related characteristic.
For now, what may be needed is not further legislation but increasing awareness of employees’ protections under the existing legislation. Employers need educating on how they should treat employees in the workplace, not only in relation to Afro hair, but also other relevant race-related characteristics.
How can management teams deal with this kind of discrimination?
While lawyers can advise on what types of conduct might be unlawful, it is the management teams that need a better understanding of unlawful conduct to allow them to put in place simple systems to recognise and deal with any complaints being made.
Hence, it is advisable to take reasonable steps in the workplace to ensure that discrimination and harassment of any kind do not occur. These could include (but are not limited to):
- Arranging specific training on harassment, discrimination and bullying in the workplace
- Training managers on how to handle complaints of discrimination, harassment and bullying; and,
- Putting in place policies and procedures to deal with these complaints.
Taking all necessary reasonable steps in workplaces is key as it will lower the risk of liability on the employer for discrimination/harassment claims. Inevitably, this will reduce the cost and time of dealing with such processes as well. Taking such steps will also lead to inclusive workplaces, ideally improving morale and increasing productivity.
In the case of law firms, legal professionals must implement good practices and procedures on preventing and punishing discriminatory conduct in the workplace. Allowing such conduct to proliferate could damage the integrity of the legal profession and amount to a breach of the SRA Code of Conduct.
