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Hair Discrimination Lawyers

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Workplace Discrimination > Hair Discrimination

What Is Hair Discrimination in California?

Workplace hair discrimination occurs when an employer treats a job applicant or employee unfavorably because of hair texture or a protective hairstyle associated with race. California’s CROWN Act makes clear that race discrimination protections include hair texture and protective hairstyles, including braids, locs, and twists.

How Does California’s CROWN Act Protect Employees?

The CROWN Act expanded the Fair Employment and Housing Act (FEHA) to expressly address race-based hair discrimination. California Government Code section 12926 includes hair texture and protective hairstyles within its definition of race, while section 12940 prohibits discriminatory employment practices.

FEHA’s employment discrimination protections generally apply to employers with five or more employees and cover hiring, promotions, compensation, assignments, discipline, and termination. California’s protections against race-based workplace harassment also apply to smaller workplaces.

Common Examples of Hair Discrimination

The following situations may raise legal concerns, depending on the facts:

  • Rejected during hiring: An employer refuses to hire a qualified applicant because the applicant wears locs or braids associated with race.
  • Required to change natural hair: A manager tells a Black employee to straighten their natural hair to appear “professional” or keep their position.
  • Denied advancement: An employee is passed over for a promotion or removed from customer-facing duties because of a protected hairstyle.
  • Disciplined under a grooming policy: An employer uses a dress code banning braids, locs, or twists to penalize employees for hairstyles associated with race.
  • Subjected to race-based harassment: A supervisor repeatedly makes degrading comments about an employee’s natural hair texture or protective hairstyle.

Can an Employer Require a “Professional” Appearance?

Calling a grooming rule “professional” does not make it lawful. Appearance policies can violate California law when they discriminate based on race-associated hair texture or protective hairstyles. Whether a particular policy or its enforcement is unlawful requires reviewing the rule and the surrounding circumstances.

What Should You Do if This Happens to You?

Keep a timeline of comments, instructions, and employment decisions. Preserve grooming policies, relevant messages, disciplinary notices, and other records you are lawfully entitled to keep. Retaliation for reporting race-based hair discrimination may also be unlawful.

Legal Sources and Further Reading

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Facing discrimination because of your hair? Matern Law Group can review your experience and explain your legal options.

California hair discrimination lawyersIn California, protections against workplace discrimination and hair-based discrimination are enshrined in the “Create a Respectful and Open Workplace for Natural Hair” (CROWN) Act, which was signed into law on July 3, 2019. This law amends the state’s Fair Employment and Housing Act (FEHA) and the California Education Code to specifically prohibit discrimination based on natural hair and hairstyles associated with race. The CROWN Act is a pioneering piece of legislation aimed at addressing racial inequities by recognizing that hair discrimination is a form of racial discrimination.

Key Employment Protections Under the CROWN Act

  • Hairstyles: The law protects the right of individuals to wear natural hair and hairstyles traditionally associated with race, such as afros, braids, twists, cornrows, and dreadlocks, among others.
  • Workplace Policies: Employers cannot enforce grooming or appearance policies that disproportionately affect individuals of a particular race, such as policies that ban certain hairstyles like braids or dreadlocks.
  • Discrimination and Harassment: It’s illegal to discriminate against or harass an employee based on their natural hair or hairstyles.
  • Schools: The protections also extend to California schools, prohibiting discrimination against students based on their hair.

Examples of What the CROWN Act Protects Against

  • Example 1: An employer has a dress code policy that prohibits employees from wearing dreadlocks. A Black employee who wears dreadlocks for cultural and personal reasons is told to change his hairstyle to retain his job. This would be considered discrimination under the CROWN Act.
  • Example 2: A company’s policy requires employees to maintain a “neat and tidy” appearance, which is interpreted by managers to exclude hairstyles like afros or braids. An employee is penalized for wearing her hair in cornrows. This could be seen as a violation of the CROWN Act, as it discriminates based on a hairstyle that is intrinsic to the employee’s racial identity.
  • Example 3: During a job interview, a candidate is remarked upon unfavorably because of her natural curly hair, suggesting it looks “unprofessional.” This could lead to a claim of discrimination under the CROWN Act if the comments and the hiring decision reflect bias against natural Black hairstyles.
  • Example 4: An employee is subject to jokes and derogatory comments about his hairstyle from coworkers and supervisors. This could amount to harassment based on race and hair, which is prohibited under the CROWN Act.
By recognizing the importance of hair and hairstyles in cultural and racial identity, the CROWN Act provides significant protections and promotes a more inclusive environment in both workplaces and schools across California. We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.
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Did You Know?

Hair Discrimination
An employer covered by Title VII is not allowed to fire, refuse to hire, or take assignments away from someone (or discriminate in any other way) because customers or clients would prefer to work with people who have a different sexual orientation or gender identity.
The CROWN Act
The CROWN Act is the first state level law that prohibits discrimination based on hair style and hair texture by extending protection under the FEHA and the California Education Code.

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