The protections afforded to you by California civil rights law may extend farther than you think. If you have been the victim of illegal treatment on the job, the experienced workplace discrimination attorneys at Skapik Law Group can fight for you.
California law prohibits discrimination and employees (and those who are looking for a job) based on their natural hairstyles. The law aims to reverse a long pattern against workers, in particular Black women, based on hair. Race discrimination now includes traits that are associated with race, such as hair. If you have been the victim of hairstyle discrimination, you can file a lawsuit against your employer.
Schedule a free initial consultation with a workplace discrimination lawyer in San Bernardino at Skapik Law Group by calling us at (909) 398-4404 to discuss your potential case. We can help you get justice and accountability from an employer when they have broken the law at your expense.
Discrimination Against Black Women Due to Natural Hair Is a Persistent Problem
There is extensive research showing that Black women faced discrimination on the job because of natural hairstyles. Black women often feel pressured to straighten their hair due to this discrimination. One study shows that Black women who have textured hair are twice as likely to be the victim of microaggression on the job than those who have straight hair. More than one in five Black women between the ages of 25 and 34 have reported that they were sent home from work due to their hairstyle.
California Law Protects You from Discrimination Based on Natural Hairstyles
In 2019, California became the first state in the country to outlaw discrimination against workers due to their hairstyle. There was an effort to pass a similar law on the federal level, but the legislation died in the Senate after it was passed in the House.
The CROWN Act makes a very specific change to the Fair Employment and Housing Act to extend protections to those who have natural hairstyles (the change was also made to the Unruh Act, which is a law that applies to places of business). Under the prior law, Afro haircuts were specifically protected, but the law did not extend any further. The law closed a gap that allowed employers to discriminate against employees based on other hairstyles. Although women are more frequently victims of this type of discrimination, the law applies equally to men as well. The CROWN Act’s protections also extend to those who wear certain hairstyles based on religious practices or ancestral grooming traditions.
The CROWN Act expanded the definition of race to include traits that are historically associated with race. (A 2024 amendment to the CROWN Act further amended the definition to remove the word “historically,” thereby making the protections even broader. Under the amended definition, if your hairstyle is something that is associated with race, such as a textured and natural hairstyle, you cannot be discriminated against on the job. The law specifically names certain protected hairstyles, such as braids, locks (locs), and twists.
Based on this definition, employers cannot discriminate against actual and prospective employees in the following ways:
- Refusal to hire
- Firing an employee
- Discipline
- Denial of promotions
- Enforcing grooming or appearance policies
Even certain grooming policies that disproportionately affect workers with natural hair can be considered illegal. The issue is not always with the exact language of the individual policy, but it is often about who is impacted.
What to Do if You Have Been Discriminated Against Based on Hairstyle
If you believe that you have been the victim of employment discrimination based on your hairstyle, you have the same right to take legal action as any other victim of this illegal conduct. The legal process is the same for any type of employment discrimination.
The first step is to hire a workplace discrimination attorney in California to investigate the circumstances of your case and gather any evidence that you may need to file a lawsuit. Like any type of discrimination case, you must begin the legal process by filing a complaint with the California Civil Rights Department. The agency will review your case and decide whether they want to take action, or they will inform you that you are free to file a lawsuit in state court.
Contact a California Workplace Discrimination Law Firm Today
If you have been treated differently on the job based on your hairstyle, speak to a California workplace discrimination lawyer at Skapik Law Group. The firm offers free consultations to prospective clients by visiting their website or by calling us today at (909) 398-4404.