California has enacted legislation (Senate Bill 188) that will expressly prohibit employers from discriminating against and harassing applicants and employees because of hair texture and hairstyles that are historically associated with race. Senate Bill 188 takes effect January 1, 2020.
Background:
California's Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against and harassing individuals because of race and certain other characteristics. The anti-discrimination provision applies to employers with five or more employees. The anti-harassment provision applies to all employers.
Senate Bill 188:
Senate Bill 188 amends the FEHA to clarify that the term race includes traits historically associated with race, including hair texture and protective hairstyles. Under the law, protective hairstyles include but aren't limited to braids, locks, and twists.
Compliance Recommendations:
California employers should review dress codes, appearance policies, and training to ensure they avoid restrictions on hairstyles historically associated with race and that they comply with Senate Bill 188. If your policy simply indicates that employees must maintain kempt hair, consider clarifying that kempt means that the hair is clean and well combed or arranged, and that employees can comply with a variety of hairstyles that meet those criteria.
Please contact your dedicated service professional with any questions.