Do Protections Against Employment Discrimination Include Hairstyles?

Protecting the rights of employees in the workplace is an essential step toward building equitable environments, and an often-overlooked area of discrimination concerns hairstyles. For many employees, hairstyles and hair textures are more than expressions of individuality; they represent significant cultural, racial and personal identities. Understanding protections under The CROWN Act is vital to ensure compliance with anti-discrimination laws and to safeguard the rights of employees facing this type of workplace bias. Minnis & Smallets LLP is committed to helping employees recognize their rights under this legislation.

Legal Framework Surrounding Employment Discrimination and Hairstyles

Discrimination in the workplace is prohibited under various federal and state laws, and this includes protections against discrimination based on race, gender, disability and other protected characteristics. However, discriminatory practices rooted in biases about an employee’s hair texture or hairstyle were historically overlooked until recent years.

Under federal law, Title VII of the Civil Rights Act of 1964 prohibits race discrimination, although it does not explicitly refer to hairstyles or texture. To address these gaps, California became a trailblazer by enacting The CROWN Act (Create a Respectful and Open Workplace for Natural Hair) in 2019. This legislation clarified that traits closely associated with race—including hair texture and protective hairstyles such as braids, locs and twists—are protected under state anti-discrimination laws.

Governor Gavin Newsom further strengthened these protections in 2024 by signing Assembly Bill 1815. This law amended the definition of “race” across multiple California codes, removing vague language so that protections are more precise and enforceable. The effect of these amendments is clear—employees are now better protected against racial bias connected to their hairstyle choices.

How The CROWN Act Extends Protections

The CROWN Act and its subsequent amendments represent critical progress in employee rights, explicitly broadening the coverage of racial discrimination to encompass hair texture and specific protective hairstyles. Historically, workplace policies regarding dress codes or “professional appearance” have been used to enforce Eurocentric beauty standards, disproportionately targeting Black and other minority employees. These policies could require employees to alter their natural hair texture or avoid wearing styles that have cultural significance, such as afros, twists or cornrows.

With The CROWN Act’s expanded definitions, employees can no longer be required to comply with such practices if they are rooted in discriminatory biases. The law acknowledges that these traits are intrinsic to racial identity and that policing hairstyles constitutes racial discrimination.

The protection offered under this legislation is twofold. First, employees are shielded from being penalized or terminated due to their natural hairstyles or cultural expressions. Second, employers are encouraged to revisit appearance policies and ensure they are free from implicit or explicit biases. Together, these provisions promote a workplace environment where employees can feel valued for their skillset and contributions, rather than judged on their physical appearance.

Understanding Workplace Rights

For employees, recognizing these legal protections is crucial. Hair-related discrimination is a significant barrier to employment equity, making legislative measures like The CROWN Act a fundamental step toward fostering inclusion. Employees should be aware that these rights are enforceable under existing anti-discrimination laws, covering both hiring processes and treatment in the workplace.

Employers, meanwhile, must ensure that their policies align with The CROWN Act, applying a keen understanding of how implicit biases can manifest. Failure to comply with these laws may result in legal consequences, reinforcing the importance of cultivating equitable workplace practices.

Seek Legal Guidance

Legal protections like The CROWN Act empower employees to stand up against discriminatory practices, but navigating the legal complexities can be challenging. The experienced attorneys at Minnis & Smallets LLP are dedicated to assisting employees facing discrimination, including cases involving hairstyle-related biases. Personalized attention is the foundation of how Minnis & Smallets operates, ensuring that every individual receives tailored legal guidance and representation.

Employees who have experienced workplace discrimination related to hair texture or protective hairstyles can contact Minnis & Smallets LLP to discuss their case. With a commitment to justice and equity, the firm is here to advocate for employees’ legal rights every step of the way.