Sacramento, Calif. (July 19, 2019) - This month, California Governor Gavin Newsom approved an amendment to the state's Fair Employment and Housing Act (FEHA), which significantly broadens the scope of race discrimination claims. Specifically, SB 188 expands the definition for race set forth in Government Code §12926(w) to include, "traits historically associated with race, including, but not limited to, hair texture and protective hairstyles."
In enacting SB 188, the legislature found that "workplace 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."
This amendment is likely to invite a wave of new claims where comments about hair or hairstyle, and adverse actions relating to hair or hairstyle, serve as evidence of race discrimination. Given the express expansion of the definition, plaintiffs will no longer struggle to demonstrate the nexus between hair or hairstyle and race. Employers should be vigilant about comments regarding employees' hairstyles in the workplace, which will more easily lead to claims of discrimination under this new law.
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