D. Wendy Greene on Workplace Bans on Black Women's Hair

SPLITTING HAIRS:  THE ELEVENTH CIRCUIT’S TAKE ON WORKPLACE BANS AGAINST BLACK WOMEN’S NATURAL HAIR IN EEOC V. CATASTROPHE MANAGEMENT SOLUTIONS, D. Wendy Greene, 71 University of Miami Law Review 987, (Summer 2017)

Professor Greene's work on racial discrimination in the workplace based on hairstyles spans all of the categories of asymmetrical market imperfections.  Most obviously, racial discrimination in the workplace represents asymmetrical market competition, in that Black women are excluded from labor competition based on standards other than merit.

Plus, the signaling of black women's natural hair as unprofessional represents asymmetrical market information, in that information about black women is skewed falsely and negatively.

Further, aggressions against one's very person-hood, including one's hair, discourages the victim from participating in the commercial world.  Withdrawal can be characterized as asymmetrical market rationality or asymmetrical commitment to profit maximization.

Last, the cost of 'fixing' black women's hair to look more 'professional' (white) is a transaction cost or a tax.

 

 

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— Claire C.