hr blog
California Bans Racial Discrimination Based on Hairstyle (CROWN Act)
Yet another development from California's legislature - on July 3, California enacted (SB 188) the "Creating a Respectful and Open Workplace for Natural Hair Act" (or CROWN Act). California is the first state banning discrimination on the basis of hairstyles associated with race. This new law will become effective January 1, 2020.
The CROWN Act expands the definition of "race" under the California Fair Employment and Housing Act (FEHA) to include both hair texture and protected hairstyles that are closely associated with race. The Act defines "protected hairstyles" as those including braids, locks, and twists, but notably, the law appears to clarify that this is not an exhaustive list.
The law further clarifies that discrimination based on a protected characteristic is prohibited, including discrimination based on a person who is perceived has having a protected characteristic or because a person has an association with some who has or is perceived to have any of these characteristics. Furthermore, the law bans company dress codes and grooming policies from prohibiting "natural hair, including afros, braids, twists, and locks," which would have a disparate (or singling out) impact on African American applicants and employees.
Though the Act prohibits discrimination based on hairstyles, it appears to affirm that exceptions may be made for bona fide occupational qualifications and security regulations. If an employer believes they may qualify for this exception, appropriate legal counsel should be consulted prior to taking any action.
Next Steps: Though California employers have a few months before the law goes into effect (January 1), employers should be proactive and begin reviewing their dress codes or appearance / grooming policies, including their general hiring and employment practices.