Governor Newsom recently signed an amendment to the CROWN Act (which stands for “Creating a Respectful and Open World for Natural Hair”) extending the Act’s reach.  Specifically, the amendment, Assembly Bill 1815, makes two key changes.  First, it amends the Unruh Civil Rights Act to now include the CROWN Act.  Second, it amends key definitions in the CROWN Act to eliminate prior ambiguities.

Originally enacted in 2019, the CROWN Act is intended to prevent discrimination based on natural and protective hairstyles associated with race in the workplace and public schools.  Notably, the CROWN Act amends the definition of “race” in California’s Fair Employment and Housing Act to be “inclusive of traits historically associated with race including, but not limited to, hair texture and protective hairstyles.”  Protective hairstyles are defined to include “such hairstyles as braids, locks, and twists.”  

Assembly Bill 1815 further modifies the definition of “race” in FEHA by eliminating the “vague requirement” that traits need be “historically” associated with race.  When discussing the reasoning for Assembly Bill 1815, the Legislature noted that “determining whether a trait is, for example, ‘historically’ as opposed to ‘culturally’ associated with race is necessarily ambiguous and beside the point, so long as the trait is closely enough associated with race to serve as a proxy for racial discrimination.”

The other change Assembly Bill 1815 makes is to amend the Unruh Civil Rights Act to add the CROWN Act’s definition of “race” and “protective hairstyles” so that those same protections are extended to the public in business establishments.

While the changes brought on by AB 1815 may not seem significant, employers and all business establishments should review any dress code or similar policies to ensure they are compliant with the revised provisions.  Employers and businesses should not waste any time in performing this review as AB 1815 will be applied retroactively.