A new lawsuit filled by the San Diego Supreme court sees employee Jeffrey Thornton accuse an event management company of discriminating against him based on racial biases. Allegedly, the company told him that he would need to cut his hair, which Thornton kept styled in locks. Believed to be one of the first, if not the first, lawsuits filed that includes claims under FEHA making reference to the CROWN Act amendment, which came into effect in January of this year, Thornton’s case highlights the importance of employers keeping up with California’s evolving Fair Employment and Housing Act (“FEHA”).
The CROWN act (which stands for “Create a Respectful and Open Workplace for Natural Hair”) was designed to target workplace dress code and grooming policies that may have a disproportionate and/or discriminatory impact on employees who belong to communities with a history of having suffered racial discrimination. Additionally, it seeks to change discriminatory behaviors and mindsets by examining employers’ regulations regarding dress codes and grooming policies. The goal is to provide appropriate sensitivity training in cases that merit it.
The CROWN act seems to follow an increase in discriminatory acts towards racial minorities. This act seeks to countermeasure these by protecting “traits historically associated with race,” explicitly including, but not limited to, hair texture and protective hairstyles.
Regarding this last item, Thornton’s employer tried to maintain that this was a mere miscommunication, not a case of discrimination motivated by an unlawful bias. The court failing in Thorton’s favor creates a precedent for California employers, who now must scrutinize their policies about discrimination, dress code, and grooming to ensure that they consider the CROWN Act. This act also seems to have made some nationwide impact, with 13 other states passing legislation addressing minority discrimination in the workplace. Another victory both to Thorton and to the CROWN act comes from the fact that federal versions of the act have been introduced in both the House and the Senate, which can potentially lead to national regulations meant to improve working conditions across America.