On September 26, 2024, Governor Gavin Newsom signed Assembly Bill (AB) 1815, marking a significant enhancement to the CROWN Act in California. This legislation revises the definitions of “race” and “protective hairstyles” within the California Government Code and Education Code, reinforcing the state’s commitment to combating discrimination based on hair and appearance.
Key Changes Under AB 1815
- Expanded Definition of Race: The amendments clarify that “race” now includes traits associated with race, explicitly acknowledging hair texture and protective hairstyles. This shift broadens the scope of what constitutes racial discrimination, making it clear that discriminatory actions based on these characteristics are covered under anti-discrimination laws.
- Definition of Protective Hairstyles: The bill provides a clear definition of “protective hairstyles,” which now explicitly includes, but is not limited to, styles such as braids, locs, and twists. This clarification aims to ensure that these hairstyles are recognized as valid expressions of identity and culture.
- Removal of Historical Context: Previously, some code sections defined “race” as inclusive of traits “historically” associated with race. AB 1815 removes the term “historically,” which was deemed vague and confusing. This change strengthens the definitions and allows for a more straightforward interpretation of what constitutes discrimination based on race.
- Retroactive Application: The amendments apply retroactively, signifying a declaration of existing law rather than introducing new legal standards. This means that past instances of discrimination based on hair and associated traits may also be scrutinized under the revised definitions.
Implications for Employers
While the changes may seem minor at first glance, they carry significant implications for workplace policies regarding dress and appearance:
- Policy Review: Employers should carefully review their dress codes and appearance policies to ensure compliance with the updated definitions. Policies that may inadvertently discriminate against employees based on their natural hair or protective hairstyles could face legal challenges.
- Training and Awareness: Organizations should implement training programs to educate staff and management about the importance of inclusivity and the specific protections granted under the CROWN Act. Awareness initiatives can help foster a respectful and supportive workplace environment.
- Addressing Complaints: With the clarified definitions, employers may need to reassess how they handle complaints related to hair discrimination. A more nuanced understanding of the implications of hair texture and protective styles is essential for effective resolution processes.
A Historical Perspective
California was the first state to enact the CROWN Act in 2019, establishing that hair discrimination is a form of racial discrimination. AB 1815 builds on this foundation by further refining the language and scope of the law, ensuring that all forms of racial identity expression, particularly through hairstyles, are protected.
Conclusion
With the signing of AB 1815, California continues to lead the way in promoting equality and combating discrimination in all its forms. As these amendments take effect, employers must be vigilant in adapting their policies and practices to align with the new definitions and ensure a workplace that celebrates diversity and inclusion. The proactive steps taken now can help create an environment where all employees feel valued and respected for their authentic selves.
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