The CROWN Act: Suing for Hair Discrimination in California Workplaces
California's CROWN Act explicitly prohibits workplace discrimination based on race-related hairstyles and textures, such as locs, braids, twists, and afros. If your employer enforces illegal grooming policies, you may be entitled to financial compensation for lost wages and emotional distress.
California was the very first state to pass the CROWN Act (Creating a Respectful and Open World for Natural Hair). For decades, employees of color-particularly Black employees-faced unfair workplace policies that deemed their natural hair "unprofessional." In cities from Los Angeles to Oakland, workers were forced to alter their natural hair texture with damaging chemicals or cut their locs just to keep their jobs. The CROWN Act expanded the Fair Employment and Housing Act (Cal. Gov. Code § 12940) to explicitly protect traits associated with race. In this guide, we detail your legal rights, how to contest discriminatory grooming policies, and how connecting with a civil rights attorney in our US Lawyers directory can help you hold your employer accountable.
What is the California CROWN Act?
The CROWN Act amended the definition of "race" under California law, codified at Cal. Gov. Code § 12926(w), to include "traits associated with race, including, but not limited to, hair texture and protective hairstyles." Following statutory amendments under Assembly Bill 1815, the California Legislature specifically removed the word "historically" from the statute to ensure comprehensive protection against discrimination. The statute explicitly defines protective hairstyles to include braids, locs, and twists. Under this rule, an employer in California cannot refuse to hire, pass up for promotion, or terminate an individual simply because their hair texture or style does not conform to Eurocentric grooming standards. This statutory protection applies to any employer in California with five or more employees.
Step-by-Step: How to Take Legal Action for Hair Discrimination
If you are targeted because of your hair, you must build a strong evidentiary case before filing a lawsuit in a California Superior Court. Here are the steps you need to take.
Step 1: Review the Company Grooming Policy
Obtain a copy of the employee handbook. Look for language that bans "dreadlocks," "cornrows," or mandates that hair must be "neat, straight, and professional." Under the CROWN Act, facially neutral policies that disproportionately impact a specific race are largely illegal in California.
Step 2: Document the Discrimination
Keep a detailed journal of comments made by managers or coworkers regarding your hair. If a supervisor tells you that your braids are "too extreme for client meetings," document the date, time, and witnesses. Save any emails, text messages, or performance reviews discussing your physical appearance.
Step 3: Report to HR
File a formal, written complaint with your Human Resources department. You can submit an internal grievance form or send a formal written notice stating that the grooming policy violates the California CROWN Act. Giving the company a chance to correct the behavior is an important legal step to prove management was on notice.
Step 4: File with the CRD
If HR ignores your complaint or retaliates against you (e.g., cutting your hours or firing you), your next step is to file an administrative complaint using Form CRD-IF903-3X-ENG, California, Civil Rights Department, Employment Intake Form with the California Civil Rights Department, Los Angeles or your local branch. Your attorney will usually request an immediate Right to Sue letter so you can file a civil lawsuit directly against the company.
Sector-Specific Hair Discrimination
Discrimination often hides behind the guise of "industry standards." Here is how it typically manifests in different California job sectors.
Corporate and Finance Sectors
In conservative fields like banking or corporate law in San Francisco and Century City, discrimination is often subtle. A manager might suggest that natural hair is not a "culture fit" or that you should wear a wig to an important presentation. The CROWN Act strictly forbids using "professionalism" as a cover for racial bias in the corporate world.
Retail and Hospitality Grooming Policies
In restaurants, hotels, and retail stores in tourist hubs like Anaheim or San Diego, employers often try to enforce strict uniform and grooming standards. While an employer can legally require you to tie long hair back in a net for legitimate health and safety reasons (like working near food fryers or heavy machinery), they cannot mandate that you chemically alter the texture or cut off your protective hairstyle.
How to Calculate Emotional Distress Damages
Unlike a simple wage dispute, hair discrimination attacks a person's identity and dignity. In a FEHA lawsuit, you can seek "compensatory damages" for emotional distress. Juries in California Superior Courts take this seriously. Your attorney will calculate these damages by evaluating the psychological impact of the discrimination-such as anxiety, depression, loss of sleep, or the humiliation of being sent home from work due to your appearance. Testimony from a therapist can greatly increase the value of your emotional distress claim.
How Much Does a Lawsuit Cost?
Taking a corporation to court is financially accessible under California law.
| Expense Type | Cost in California |
|---|---|
| CRD Filing Fee | $0. The state does not charge you to file a complaint. |
| Court Filing Fee | Generally around $435 to file a civil lawsuit in Superior Court. |
| Attorney Fees | Lawyers work on contingency. Furthermore, FEHA has a "fee-shifting" provision, meaning if you win, the employer pays your lawyer's hourly rates directly. |
How Long Does the Process Take?
After filing your complaint with the CRD and obtaining a Right to Sue letter, filing a lawsuit in civil court triggers a lengthy discovery process. If the employer's grooming policy is blatantly written in violation of the CROWN Act, their legal team may offer a fast settlement within 6 to 9 months to avoid bad public relations. However, if the company fights the lawsuit, it can take 18 to 24 months to reach a jury trial in California.
Frequently Asked Questions (FAQ)
Does the CROWN Act apply to all employers?
In California, FEHA anti-discrimination provisions (including the CROWN Act) apply to any employer with five or more employees. It also applies to public schools under Cal. Educ. Code § 212.1 and business accommodations under the Unruh Civil Rights Act (Cal. Civ. Code § 51).
Can an employer still ban certain hair colors?
Yes. The CROWN Act protects natural hair texture and styles associated with race. An employer can generally enforce neutral policies prohibiting unnatural hair dye colors like blue, pink, or neon green.
Are beards protected under the CROWN Act?
The CROWN Act primarily focuses on hair texture and protective hairstyles on the head. However, facial hair is often protected under other provisions of FEHA if it is tied to religious practices (such as Sikhism or Islam) or a medical condition (such as pseudofolliculitis barbae).
Do I need to be a certain race to claim CROWN Act protections?
Under Cal. Gov. Code § 12926(w), California law protects "traits associated with race." While enacted primarily to dismantle systematic bias against Black individuals, any employee who experiences adverse employment action because they wear a protective hairstyle (such as braids, locs, or twists) or maintain a natural hair texture associated with race is protected by the statute.
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