A White Baltimore arts executive was fired in September from the Baltimore Rock Opera Society after backlash over her decision to wear cornrows following a trip to Burning Man.
Attorney Jeremy Eldridge said the circumstances of the firing of Kelly Carnes could raise discrimination questions under Maryland's CROWN Act. Eldridge said the organization’s public statements about Carnes' hairstyle could become relevant evidence if she challenges her dismissal.
"Had the Baltimore Rock Opera simply separated from this individual without providing a discriminatory reason, the timeline would be all of the evidence that the fired employee would have," he told WBFF Fox45 Baltimore. "But here, when you're making comments publicly that lean into the discriminatory allegation made by the fired employees, that itself could be evidence of the fact that you were terminated wrongfully, meaning that it's discrimination under the CROWN."
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Carnes directed Fox News Digital to WBFF's reporting when contacted about the controversy. She began serving as executive director of the Baltimore Rock Opera Society, known as BROS, on Sept. 8. The organization formally announced her appointment less than a week later, touting her more than 21 years of experience in arts leadership, nonprofit strategy, communications, fundraising and operations.
Carnes said she had her hair put into cornrows as a protective hairstyle while attending Burning Man in Nevada’s desert. After she returned, a video showing her with the hairstyle at a BROS event prompted complaints that a White woman wearing cornrows constituted cultural appropriation.
BROS publicly acknowledged the backlash after removing the video, saying it had received concerns from members of its community and was taking the matter seriously. The organization also said it regretted removing the video without an explanation.
"We have received many heartfelt and concerned messages from members of our community regarding a video circulated on social media showing our new Executive Director, who is White, wearing cornrows at a recent BROS public event," the organization said, according to WBAL. "We share the weight of these concerns and take this matter seriously."
The organization said it would revise its anti-discrimination policy to address cultural representation and dress, require anti-racism leadership training and create a working group focused on racial equity and inclusion, according to The Baltimore Banner.
Carnes said the board advised her not to attend a town hall convened to discuss the controversy. She said she was dismissed days later and was told only that she was "not a good fit."
Eldridge said determining whether the firing violated Maryland law would require establishing what actually motivated the organization’s decision.
"In evaluating whether the CROWN Act applies, meaning whether there was discrimination and whether this individual was terminated for a discriminatory reason because of a hairstyle, we still have to deal with there are two competing narratives," Eldridge said.
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Maryland enacted its CROWN Act in 2020. State law now defines race for purposes of anti-discrimination protections to include "traits associated with race," including hair texture, Afro hairstyles and protective hairstyles. "Protective hairstyles" under the statute include braids, twists and locks.
The Maryland Commission on Civil Rights says the law applies to employment practices including hiring, workplace conditions, discipline and termination. Fox News Digital reached out to the commission for comment, but did not immediately receive a response.
The statute does not itself resolve whether Carnes' firing was unlawful, leaving the circumstances and motivation behind the termination central to any potential discrimination claim.
The turmoil has extended beyond Carnes' departure. Four of BROS’ six board members, including its chair, are expected to leave the organization at the end of the year, according to an email obtained by The Baltimore Banner.
A BROS spokesperson separately told WBAL that the organization was focused on caring for its internal community and declined further comment on Carnes’ dismissal.