Serving clients across Southern California, Manhattan Beach attorney Kalley Aman focuses on labor and employment law and advises employers on legal compliance. Kalley Aman maintains a close watch on developments in employment law.
Several laws passed by the California legislature are going into effect in 2020, including SB 188, which amends the definition of race in the Education Code section 212.1 and Government Code section 12926.
Also known as the CROWN Act (which stands for Creating a Respectful and Open Workplace), Senate Bill 188 (“SB 188”) precludes discrimination against natural hair, making California the first state to take such a step. Specifically, SB 188 amends the definition of race under California’s Education and Government Codes and, therefore, amends the protections against racial discrimination under FEHA. The Bill expands the definition of race to include “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”
The amended definition means that the hiring, promotion, and termination of employment and other employment practices must not be made based on such hairstyle traits “unless based on a bona fide occupational qualification or applicable security regulations.” Businesses should carefully consider their workplace dress code and grooming policies as SB 188 specifically mentions afros, braids, twists, and locks as important racial hairstyles.
