Prohibiting Race-Based Hair Discrimination

Executive Order 9

March 17, 2023

 

WHEREAS, ensuring an Arizona for everyone requires that every Arizonan should have the opportunity to work without fear of discrimination; and

WHEREAS, race-based hair discrimination, including the denial of employment and educational opportunities because of hair texture or protective hairstyles, must stop; and

WHEREAS, the 2023 CROWN Workplace Research Study found that approximately two-thirds of Black women (66%) change their hair for a job interview; and 

WHEREAS, Black women with coily or textured hair are twice as likely to experience  discrimination in the workplace than Black women with straighter hair; and

WHEREAS, Black children encounter racism in school with one in two Black children reported as having experienced hair discrimination as early as five years old; and 

WHEREAS, Black People have been forced to cut their hair, or have had their hair cut for them, in places of education, sports, and other such venues; and

WHEREAS, Black women, men, and children should be able to wear their natural hair with pride and without the fear of discrimination.

NOW, THEREFORE, I, Katie Hobbs, Governor of the State of Arizona, by virtue of the power vested in me by the Arizona Constitution and the laws of this State, do hereby:

  1. Direct the Department of Administration to establish procedures no later than June 1, 2023 to secure the following protections for employment opportunity:

    1. Ensure, in accordance with all existing federal, state, and local laws, rules, policies, or executive orders, that such policies as are adopted or reinforced pursuant to Executive Order 2023-01 for all State Agencies expressly prohibit discrimination based on hair texture and protective styles, such as braids, locs, twists, knots, and headwraps, in the workplace to safeguard against discrimination based on all race-based hairstyles. These policies should not supersede health and safety standards that are required for operational purposes.  

    2. Include provisions in all new state contracts or subcontracts, in accordance with all existing federal, state, and local laws, rules, policies, or executive orders to prohibit discrimination based on hair texture and protective styles, such as braids, locs, twists, knots, and headwraps, in the workplace to ensure protection against discrimination based on all race-based hairstyles by the persons performing the contract or subcontract. These policies should not supersede health and safety standards that are required for operational purposes.

  2. For the purposes of this Order, the term "State Agency" has the same meaning prescribed in A.R.S. § 41-741(15). This Order does not apply to, (i) state governmental entities that are not included in A.R.S. § 41-741(15) and (ii) one or more offices headed by one or more statewide elected officials. Although these organizations are not included they are encouraged, along with all private employers operating in Arizona, to adopt similar employment opportunity protections.

  3. This Order does not confer any legal rights or remedies upon any persons and shall not be used as a basis for legal challenges to a State Agency's refusal to consider an applicant for employment, the removal of an applicant from consideration for employment, the denial of an employment application, or any inaction of a State Agency.

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