On July 3, California became the first state in the nation to ban discrimination based on natural hairstyle, and New York followed shortly thereafter on July 12.

California’s CROWN (Creating a Respectful and Open Workplace for Natural hair) Act, effective January 1, 2020, adds language to its discrimination laws defining race as “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”  The law further provides that protective hairstyles include “braids, locks, and twists.”  New York’s law, effective immediately, updated its laws with identical language.

The purpose of the legislation is to address purportedly “race neutral” grooming policies that disproportionately impact persons of color.  Employers would still be able to enforce race-neutral grooming policies, such as requiring employees to secure their hair with a hairnet or hair tie for safety or hygienic reasons.

Though California and New York are the first states to ban hairstyle discrimination, New York City issued legal guidance banning hairstyle discrimination earlier this year.

While these laws do not apply to Hawaii employers, it is worth noting that according to the EEOC, hair texture is a personal characteristic associated with race, and thus, discrimination based on hair texture constitutes prohibited race discrimination.