As previously reported, California’s Fair Employment and Housing Act (FEHA) prohibits racial discrimination for an employee’s and applicant’s “historically” race-related hairstyles under the 2019 Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act.

Recently-enacted AB 1815 removes that vague and undefined “historically.” Thus, simply:

• “‘Race’ is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles.”
• “‘Protective hairstyles’ includes, but is not limited to, such hairstyles as braids, locs, and twists.”

Employers of course may require all employees to maintain a clean and neat appearance.  However, dress and grooming policies must not prohibit protective hairstyles.

Take-Aways:

AB 1815 applies retroactively as a declaration of existing law.  California employers should promptly update their dress code policies and equal employment opportunity statements with the assistance of competent legal counsel.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Wash the Chaos: Workplace Policy Handbook & Forms for 2025 (October 16, 2024)
• Annual Virtual Seminar, Friday, January 17, 2025 or Friday, February 28, 2025, Covering Employment Legal Essentials and New Workplace Laws (October 10, 2024)
• Hairstyle Discrimination (March 29, 2019)

Cindy Bamforth
November 8, 2024