What You Need to Know About Workplace Hair Discrimination in California
California was the first state to adopt the CROWN Act. Here’s everything you need to know about workplace hair discrimination in California.
The main purpose of the CROWN Act is to remove previously existing discriminatory laws associated with race and hair type. It is important for courts to define race clearly, as this directly impacts different laws – including those that pertain to which hairstyles and types of hair are allowed in workplace environments.
What is the Crown Act?
The CROWN Act stands for Create a Respectful and Open Workplace for Natural Hair. California is the first state to enact this, and is thus at the forefront of banning racial discrimination based on hairstyles. Governor Gavin Newsome signed Senate Bill 188, or the CROWN Act, on July 3rd, 2019 and it became effective on January 1st, 2020 in the State of California. The primary aim of this act is to grow upon the definition of race by shedding light on historical traits associated with race. Therefore, this act mentions hair texture and protective hairstyles. Some of these protective hairstyles include, but are not limited to:
- Braids
- Twists
- Locks
In California, the CROWN Act applies to schools and workplaces. Therefore, the Code of Education and California Fair Employment and Housing Act are expected to amend the policies associated with the Act. Moreover, both public and private employers are expected to amend and continuously review grooming policies, so as to ensure they do not possess discriminatory aspects.
Related: Types of Workplace Discrimination in California
How did hair discrimination laws originate?
The first hair discrimination laws were proposed by Senator Holly Mitchell; she also drafted Senate Bill 188 which deals with challenges associated with natural hair and the societal construction of so-called “professional hairstyles” in workplace environments. Before the CROWN Act was created, afros were the only hairstyle deemed to be a protected trait by federal courts. Thus, other Black hairstyles that are natural were not protected. California became the first state to allow protective hairstyles and hair texture to be stated as allowed in anti-discriminatory laws. California has inspired other states, including New York and New Jersey to adopt the new law, and aims to inspire other states to do so as well.
How do courts in the United States define race?
Courts in the United States consider race to be a set of “immutable” traits that a group of people share. Further, they take into account hereditary characteristics that play into this, particularly ones that cannot be altered, including hair texture, skin color, and facial features. Prior to the CROWN Act, no court considered banning natural hairstyles to be a type of discrimination. Thus, it is important to define race, as it influences the courts’ decisions on how racial discrimination can take place. Title VII of the Civil Rights Act prohibits any employer from limiting employees in work-related opportunities due to the employee’s religion, sex, race, color, or national origin, so it is imperative that all aspects of race are clearly defined.
Related: The Glass Ceiling in Women’s Rights
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If you or a loved one has experienced workplace hair discrimination in California, contact us. Get your free consultation with one of our California Employment Discrimination Attorneys today!