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Don't Touch My Hair: An Analysis on How Transportation Security Administration Technology Discriminates Against Women of Color

Abstract

This Article examines how Transportation Security Administration (TSA) screening technologies and practices disproportionately impact Black women, particularly through intrusive hair pat-downs. It situates these practices within a broader history of technological bias, arguing that both flawed design and unchecked officer discretion contribute to discriminatory outcomes. Despite prior reforms and oversight, complaints and data reveal persistent inequities and limited accountability through existing civil rights and judicial avenues. The Article ultimately proposes legislative solutions, including strengthened enforcement under Title VI and expansion of the CROWN Act, as necessary pathways to address systemic discrimination and protect the civil liberties of women of color in air travel.