In 2019, California was the first of 20 or so states to enact the CROWN (Creating a Respectful and Open World for Natural Hair) Act. The Act provides that the Fair Employment and Housing Act’s prohibition on discrimination on the basis of “race” includes traits “historically” associated with race, such as hairstyles consisting of braids, locs, twists, and hair texture. It recognizes that “[w]orkplace 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.”

Last week, Governor Newsom signed AB 1815, which makes two changes to the CROWN Act First, it clarifies that the Act applies to the Unruh Civil Rights Act’s prohibition on discrimination by businesses and in public accommodations (such as restaurants and hotels) on the basis of race. Under AB 1815, amateur sports clubs and related organizations also are prohibited from violating the Act in the operation, conduct, or administration of a youth or amateur sports competition, training, camp, or club.  

AB 1815 also removes the term “historically” from the Act because many employers found the term vague and confusing.

AB 1815 is declaratory of existing law, meaning that everyone already should be following it. If you have not reviewed your workplace dress codes and grooming policies lately, do so now.  Even well-intentioned policies may run afoul of the CROWN Act or other EEO protections. In addition, you may need to revise your EEO policies if you included the term “historically” in describing the Act’s scope.