California’s CROWN Act Expands Discrimination Protections for Natural Hair
California Governor Gavin Newsom passed Senate Bill 188, known as the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act, earlier this month which expanded existing anti-discrimination state law to protect employees and students from discrimination based on natural hairstyles.
Citing the disparate impact Eurocentric workplace dress code and grooming policies have on black individuals, the stated purpose of SB 188 is to enforce the "values of fairness, equity, and opportunity for all." SB 188 declared hair a proxy for race and specifically amended the definition of "race" in both the Fair Employment and Housing Act (California Government Code Section 12926) and the Education Code (California Government Code Section 212.1) to include "traits historically associated with race, including, but not limited to, hair texture and protective hairstyles," defining "protective hairstyles" as including "hairstyles [such] as braids, locks, and twists." The act goes into effect January 1, 2020.
Takeaway
Companies with employees in California should review their discrimination and harassment prevention programs as well as workplace dress code and grooming policies to ensure compliance with the new law. If in doubt, consult experienced legal counsel to determine whether these new laws have any impact on current employment policies or practices.
© 2019 Perkins Coie LLP
Print and share
Authors
Notice
Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.
Notice
Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.