Discrimination against afro cuts or mockery of blonde people, the National Assembly is considering this week a bill which aims to sanction these practices at work, an initiative whose usefulness is contested. Initiated by the Guadeloupean deputy Olivier Serva, member of the independent Liot group, the text, which will probably not be examined before Wednesday night, more certainly Thursday, plans to add to the list of discriminations punishable by criminal sanctions those relating to ” the cut, color, length or texture of hair”, drawing inspiration in particular from the United States where twenty states have already adopted legislation.
The parliamentarian mentions in particular “Afro-descendants” forced to change their hairstyle before an interview, while “wearing natural hair”, “locks, twists, braids, afro, red, blond, has an inescapable link with self-esteem self”. In France, however, the law already includes 25 grounds for discrimination at work, such as age, sex, or even physical appearance, of which hairstyle is one. But they are not enough to respond to certain discrimination in hiring, according to MP Olivier Serva. This is contested by certain lawyers or human resources managers for whom the usefulness of such a law is not obvious.
“Bad idea”
“This is a typical example of a bad idea: there is no legal vacuum,” responds to AFP Mr. Eric Rocheblave, lawyer specializing in labor law. The labor code already provides that “physical appearance is a cause of discrimination” even if the law “does not explicitly provide for hair discrimination,” he says. In the event of discrimination, “because of hair, absence of hair, color, length or appearance, I could link it to already existing texts”, says Me Rocheblave. This proposed law does not aim to “add criteria” but to specify “one of the 25 criteria present in the criminal law”, defends Mr. Serva, relying in particular on a study carried out in 2023 by a product brand care and professional social network in the United States, according to which a quarter of black women surveyed believe they have been rejected after an interview because of their haircut.
Without the possibility of quantifying the phenomenon in France, certain high-profile cases have nevertheless left their mark, such as that of former government spokesperson Sibeth Ndiaye whose afro led to numerous harsh comments upon taking office in April 2019. Audrey Pulvar, deputy to the PS mayor of Paris Anne Hidalgo, or recently Eve Gilles, Miss France 2024, have also had to face harsh and demeaning criticism and mockery over their haircut.
“Send a message”
A law would at least “send a message and say to all these people ‘the law protects you on all points and authorizes you to wear your hair as you wish'”, assures Kenza Bel Kenadil, an influencer engaged on the subject and followed by nearly 260,000 people on Instagram. The latter says she was “forced” to “hide” her frizzy hair in favor of a strict bun, during a mission as a hostess. “I was clearly told: ‘either you go home and fix your hair, or you don’t come to work’.” “It’s a serious subject, not just an aesthetic question,” continues Kenza Bel Kenadil, citing a “blonde” acquaintance who was rejected from a position “because of her color.”
“No one denatures their hair just to conform to beauty criteria, hair discrimination impacts self-confidence, one’s identity or even one’s roots,” underlines Ms. Bel Kenadil. The promulgation of the law would be “symbolic” but would not facilitate the legal aspects, according to specialists. “It is not because it is marked in black and white that we will have more chances in front of the judge”, because the question is rather to prove “that you are discriminated against”, thus qualifies Me Rocheblave.