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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:
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:
Cindy Bamforth
November 8, 2024
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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