Texas law historically has not specifically prohibited discrimination on the basis of hairstyle and texture, despite regular public outcries against such discrimination in practice. Civil rights practitioners, finding Texas law unhelpful, would regularly look to federal anti-discrimination laws to try to remedy instances of hairstyle and texture discrimination. Unfortunately, without a strong state prohibition, this kind of discrimination appeared to be common practice in employment and school settings across Texas.
The Treyvion Gray case exemplified the problem in Texas. School officials at Needville High School in Fort Bend County ordered Gray to cut his locs to conform with the school’s grooming policy. When he did not, the school placed him in in-school suspension for two months, and an alternative school for another month, and banned Gray from all extracurricular activities, including prom and his class graduation ceremony. Gray filed a lawsuit in federal court, and the judge granted a temporary restraining order undoing the punishment. The case is set for trial in November 2024.