The Governor of California approved SB 188, known as the CROWN Act, in July 2019 to amend anti-discrimination laws in the areas of education, employment, and housing. Hair As a Proxy for Race In the employment context, the bill noted that in U.S. society, hair has historically been one of many determining factors of a person’s race and that hair today remains a proxy for race. 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. Thus, hair discrimination targeting hairstyles associated with race is racial discrimination. California’s Anti-Discrimination Law To review, under the California Fair Employment and Housing Act (FEHA), it is unlawful to engage in specified discriminatory employment practices, including hiring, promotion, and termination based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations. FEHA also prohibits housing discrimination based on specified personal characteristics, including race. … Continue reading →