News & Updates: California Bans Hairstyle Discrimination

California is now the first state to enact a ban on hairstyle discrimination. The CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” expands the definition of “race” under the Fair Employment and Housing Act (“FEHA”) to include hair texture and protective hairstyles, and defines protective hairstyles. Employers found to discriminate based on hair texture or protective hairstyles may thus be found to have discriminated based on race.

The California Legislature found that “workplace dress code and grooming policies that prohibit natural hair, including afros, braids, twists, and locks, have a disparate impact on Black individuals as these policies are more likely to deter Black applicants and burden or punish Black employees than any other group.” As described by the bill’s author, the purpose is to dispel myths about black hair, and to challenge what constitutes professionalism in the workplace. The bill passed unanimously in the California Assembly and Senate.

What should employers do?

Employers should review and update their dress code and grooming policies to ensure compliance with this new law, as well as previous laws that require exceptions to grooming policies for disability and religious accommodations. Employers also should not ban natural hair, afros, braids, twists or locks. However, employers may still require employees to secure their hair for safety and hygienic reasons.