Hair Discrimination?!
Getting behind words like “equality, diversity and inclusion” in a serious way means putting to one side subjective judgements and assumptions that you might bring to bear on an everyday life situation as experienced by YOU!
The phrase “Hair Discrimination” might well cause bafflement or misplaced amusement. However, it’s a serious subject that has featured in some UK employment tribunal cases and more substantially in schools and colleges through the County Courts.
The Equality and Human Rights Commission (EHRC) report that their engagement with key stakeholders, researchers and court cases indicate discrimination related to hair or hairstyles disproportionately affects pupils/students with Afro-textured hair or hairstyles. This is often because of the way some ?rules relating to hair or hairstyles are designed and implemented. Such rules might be embedded in school/college uniform or behaviour policies?or be stand-alone policies related to hair or hairstyles.
EHRC guidance makes clear that ?discriminating against pupils in relation to or because of their hair may have a negative effect on pupils’/students mental health and wellbeing. As schools and colleges ?have a safeguarding obligation to protect pupils/students from race discrimination and bullying, it is good practice for them to invest time in undertaking robust equality impact assessments against all the of the Nine Protected Characteristics in the Equality Act
Equality Impact Assessments (EIAs) have the potential, in consultation with key people, to probe deep into most subjects, including hair discrimination. Case studies on the EHRC website throw a spotlight on situations such as those profiled briefly below. More details can be found via the link at the end of this blog.
Snapshot of Three Case Studies:-
Cornrows
A school had a policy banning boys from wearing certain hairstyles, including cornrows. A pupil challenged the ban, arguing that exceptions should be made when cornrows were worn for cultural and family reasons.
Locks
A school had a uniform policy that banned locks. As locks were a fundamental tenet of a student’s Rastafarian beliefs, the student challenged the policy in court as discriminatory on the basis of race and religion or belief.?
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Multiple Discrimination
A school has a general (blanket) rule of no headgear on school premises. This could indirectly discriminate against pupils on a number of different grounds, such as:
- disability (for example, pupils undergoing cancer treatment who wear wigs, scarves or hats)
- religion or belief (for example, for Muslim pupils who cover their hair or Sikh pupils who wear a turban)
- race (for example, for Black pupils or pupils with a mixed ethnic background who wear African heritage head wraps).
The EHRC are currently monitoring the impact of their?guidance on Preventing Hair Discrimination.?The guidance was launched in October 2022.
They would like to invite education providers to complete the confidential short survey, linked below, to help inform ?their ?monitoring and evaluation plan. The deadline to complete the survey has been extended. It will be open until?30?September?2023.