07-24-2019
Entitled the “Crown Act” (Create a Respectful and Open Workplace for Natural Hair), the new California law expands on the definition of race and ethnicity in its Education and Government statutes. Race will now be “inclusive of traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” Protective hairstyles include “braids, locks, and twists.” Per the state legislature, the law arises out of American history and societal norms that considered “blackness” to be unprofessional, with black hair and its styles often the focus of discrimination (and thus a proxy for race discrimination). Current exceptions under the state’s anti-discrimination law for bona fide occupational qualifications and security regulations may still apply. The new law will go into effect on January 1, 2020.Not to be outdone, New York and New Jersey are likely to join soon in passing their own legislation. New York City previously passed such a law and was the first city to do so. The Equal Employment Opportunity Commission has also taken the stance that “hair texture” is a protected characteristic under Title VII. Federal courts are divided on the issue.
Under the New York law, which would apply in employment, housing, and public accommodation to include “traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” New Jersey’s proposed language is similar, prohibiting discrimination against “traits historically associated with race, including but not limited to, hair texture, hair type, and protective hairstyles.” Both measures expressly include “braids, locks, and twists.” New York’s bill has not yet been signed and the New Jersey’s is still being considered by the legislature.