Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

California Legislature Proposes Legislation Broadening Racial Discrimination Laws

By Bryan Hawkins on April 24, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

On April 22, 2019, the California Senate voted unanimously to update California’s anti-discrimination laws to include within the definition of the term “race” “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”  If the bill ultimately becomes law, California would become one of the first states in the nation to prohibit racial discrimination because of hairstyles.

Both California and federal laws are replete with laws prohibiting discrimination on the basis of race and other protected characteristics.  While those laws have been extended to protect certain religious headwear, courts have generally been reluctant to broaden those laws to protect non-religious hairstyles due to the position that such hairstyles are voluntary and nonpermanent.  California Senator Holly Mitchell, a Los Angeles Democrat, introduced SB 188 out of a concern that this reluctance allowed the proliferation of employer grooming standards that disproportionally affect African Americans and equate acceptable workplace grooming with majority standards of beauty.

While the bill was introduced to address legitimate and reasonable concerns about discrimination and the existence of both explicit and implicit bias in the workplace, some employers and commentators have expressed concerns that this new law could lead to frivolous claims or restrict an employer’s ability to require workers to wear certain protective coverings in the workplace.

Regardless of where you may stand on this issue, SB 188’s unanimous passage in the Senate portends the passage of this bill into law.  If and when that happens, employers with operations in California should take steps to update their policies and handbooks to ensure compliance.  This would include rethinking any grooming polices requiring employees to alter the appearance of their hair to conform to traditional appearance standards.  As for non-California employers, they should also keep a careful eye on this bill’s progress due to California’s status as a trendsetter in the area of employee rights.

Photo of Bryan Hawkins Bryan Hawkins

Bryan Hawkins Bryan Hawkins is a litigator practicing in the firm’s Labor & Employment group with extensive jury and bench-trial experience in representing employers in employment-related litigation in court and before administrative agencies such as the Department of Fair Employment and Housing and…

Bryan Hawkins Bryan Hawkins is a litigator practicing in the firm’s Labor & Employment group with extensive jury and bench-trial experience in representing employers in employment-related litigation in court and before administrative agencies such as the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission. His practice also involves counseling employers on employment-related issues, including handbooks and policies. Bryan also provides counseling on labor issues, such as advising employers on how to effectively respond to union organizing campaigns, negotiate collective bargaining agreements, and manage the employer/union relationship. In addition, Bryan’s practice includes litigating complex commercial disputes in areas such as antitrust, business torts, and real estate.

Click here for Bryan Hawkins’ full bio.

Read more about Bryan HawkinsEmailBryan's Linkedin Profile
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    World of Employment
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo