On September 26, 2024, Governor Newsom signed Assembly Bill (AB) 1815, which amends the definition of "race" in the anti-discrimination provisions of the California Government Code, and Education Code, as well as the definitions of "protective hairstyles." Under the bill, the same definitions apply to the Unruh Civil Rights Act which covers discrimination by businesses.
California was the first state, in 2019, to clarify that the definition of race discrimination included hairstyles under the CROWN Act. AB 1815 makes amendments to the CROWN Act including the definition of "race" and "protective hairstyles."
Under the amendments, race is "inclusive of traits associated with race, including but not limited to hair texture and protective hairstyles." "Protective hairstyles" "include but are not limited to such hairstyles as braids, locs, and twists."
Before AB 1815, some code sections defined "race" as inclusive of traits historically associated with race. As amended, the word "historically" was removed because it was vague and confusing. The bill applies retroactively since it is a declaration of existing law.
The changes discussed here may seem minor. However, employers should take heed because the definitions may impact existing policies dealing with acceptable dress and appearance in the workplace.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
