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One to Keep An Eye On: SB-188 (California)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Recently, the California Legislature has passed a bill that would ban racial discrimination against people based on their natural hairstyle.  The bill notes that state and federal laws prohibiting racial discrimination in the workplace, dress and grooming codes, have a disparate and negative impact on African Americans.  In particular, SB-188 amends the definition of "race", for purposes of the anti-discrimination provisions of the Education Code and the Fair Employment and Housing Act, to include (not not be limited to) hair texture and protective hairstyles.  Protective hairstyles is written to include braids, locks, and twists.

The legislation, previously approved by the Senate in April and approved by the California Assembly last week, was recently signed into law by Democratic Governor Gavin Newsom.  California now becomes the first state to ban racial discrimination against someone based upon their natural hairstyle.  California employers should pay particular attention to the specifics of SB-188, now that Governor Newsom has signed it into law.



For a copy of the California Assembly floor analysis of SB-188:  https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201920200SB188#

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