Puerto Rico implements landmark law to combat hair discrimination

While Puerto Rico’s laws and constitution, along with Title VII of the Civil Rights Act, protect against discrimination, a significant legal precedent was set in 2016.

Last week, Puerto Rico’s governor Pedro Pierluisi signed a law prohibiting discrimination against people based on their hairstyles. This includes Afros, curls, locs, twists, braids, and other natural hairstyles commonly associated with racial and cultural identity.

The new law provides explicit protection for individuals against discrimination in various areas such as work, housing, education, and public services. This move addresses a gap in existing protections and sends a strong message that individuals can maintain their cultural identity while pursuing positions of power and opportunity.

RELATED: Rep. Nydia Velázquez proposes new legislation to enhance training for textured hair care

Here are some important details about this law:

Existing protections:

While Puerto Rico’s laws and constitution, along with Title VII of the Civil Rights Act, protect against discrimination, a significant legal precedent was set in 2016. The US Court of Appeals ruled that an employer’s no-dreadlock policy in Alabama did not violate Title VII, highlighting the need for more explicit protections.

Community advocacy:

Organizations like Taller Salud and community leaders, such as Welmo Romero Joseph, have been advocating for this law to ensure that personal and cultural identities are respected. The law is seen as a victory for future generations, emphasizing that individuals do not need to change their natural appearance to succeed.

During public hearings, some Puerto Ricans shared personal stories of discrimination. Instances included job offers contingent on cutting their hair and school officials demanding students change their hairstyles, which impacted their sense of “identity and pride,” Romero said.

In fact, Romero remembered how a high school principal ordered him to cut his flat top.

“It was a source of pride,” he said of that hairstyle. “I was a 4.0 student. What did that have to do with my hair?” 

Puerto Rico’s demographics:

Puerto Rico has a diverse population of 3.2 million people. More than 1.6 million identify as being of two or more races, and nearly 230,000 identify solely as Black, according to the US Census. This diversity underscores the importance of the new law in addressing widespread discrimination faced by Afro-descendant and Black Puerto Ricans.

Comparison with the mainland:

On the mainland, at least two dozen states have approved versions of the CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.” These laws aim to ban race-based hair discrimination. However, enforcement and exceptions vary, and not all states have amended their education codes to protect students.

RELATED: Salones de belleza dedicados a rizos y el orgullo por la identidad van en aumento en Puerto Rico

A federal version of the CROWN Act was passed by the US House of Representatives in 2022 but failed in the Senate. Democratic lawmakers reintroduced the legislation in May, aiming to provide consistent protections across the country

Future steps:

While the new law is a significant step forward, Romero emphasizes the need for measures to ensure compliance and enforcement. This includes raising awareness and implementing guidelines to prevent discrimination effectively.