CA Becomes First State to Ban Natural Hair Discrimination: While CA Leads the Way, All Employers Are Encouraged to Take Notice
We know—For North Carolina-only employers, what happens in California stays in California. However, the Golden State is often a harbinger of pro-employee laws that eventually spread to other states or across the nation.
CA Often Paves the Way.
For instance, as of last month, California became the first state to ban natural hairstyle discrimination. Specifically, the Create a Respectful and Open Workplace for Natural Hair (CROWN) Act prohibits employment discrimination based on “traits historically associated with one’s race, such as hair texture and protective hairstyles.” This language is further defined to include afros, braids, locks, and twists (natural hair). The state legislature’s rationale behind the law is pretty straightforward:
“In a society in which hair has historically been one of many determining factors of a person’s race, and whether they were a second class citizen, hair today remains a proxy for race. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination.”
Thus, the CROWN Act supposedly attempts to eradicate the historical association between “professionalism” and Caucasian norms by banning:
- discrimination against applicants and employees on the basis of their natural hair; and
- workplace dress codes and grooming policies that prohibit natural hair.
Do You Have An Employee In CA?
If you are a multi-state employer with employees living or working in California, you should train managers to ensure hiring decisions do not reflect biases about applicants’ natural hairstyles. You also need to review and revise any workplace dress codes and grooming policies that prohibit or discourage natural hairstyles.
If You Don’t Have Employees in CA, You Should Still Pay Attention!
While the CROWN Act only applies in California, employers in North Carolina and other states should take notice. What happens in California with employment laws may soon appear in other states or localities.
In fact, New York State has already followed suit, passing a similar law prohibiting discrimination based on hairstyles or textures associated with race. Additionally, federal anti-discrimination laws are already aimed at achieving equity and opportunity for all without regard to an individual’s race or ethnicity. As a result, all employers are wise to eliminate what could be considered proxies for race in their policies and workplaces.