(g) Acting in accordance with the constitutional values of fairness, equity, and opportunity for all, the Legislature recognizes that continuing to enforce a Eurocentric image of professionalism through purportedly race-neutral grooming policies that disparately impact Black individuals and exclude them from some workplaces is in direct opposition to equity and opportunity for all. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination. (f) In a society in which hair has historically been one of many determining factors of a person’s race, and whether they were a second class citizen, hair today remains a proxy for race. Black hair can also be naturally presented in braids, twists, and locs. However, the courts do not understand that afros are not the only natural presentation of Black hair. (e) Federal courts accept that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, and therefore protects against discrimination against afros.
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(d) Workplace dress code and grooming policies that prohibit natural hair, including afros, braids, twists, and locks, have a disparate impact on Black individuals as these policies are more likely to deter Black applicants and burden or punish Black employees than any other group. (c) Despite the great strides American society and laws have made to reverse the racist ideology that Black traits are inferior, hair remains a rampant source of racial discrimination with serious economic and health consequences, especially for Black individuals. Professionalism was, and still is, closely linked to European features and mannerisms, which entails that those who do not naturally fall into Eurocentric norms must alter their appearances, sometimes drastically and permanently, in order to be deemed professional. (b) This idea also permeated societal understanding of professionalism. (a) The history of our nation is riddled with laws and societal norms that equated “blackness,” and the associated physical traits, for example, dark skin, kinky and curly hair to a badge of inferiority, sometimes subject to separate and unequal treatment. The Legislature finds and declares all of the following: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no This bill would provide that the definition of race for these purposes also include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, and would define protective hairstyles for purposes of these provisions. Existing law defines terms such as race, religious beliefs, and sex, among others, for purposes of the act. The act also prohibits discrimination because of a perception that a person has one of those protected characteristics or is associated with a person who has, or is perceived to have, any of those characteristics. The act also prohibits housing discrimination based on specified personal characteristics, including race.
Under the California Fair Employment and Housing Act, it is unlawful to engage in specified discriminatory employment practices, including hiring, promotion, and termination based on certain protected characteristics, including race, unless based on a bona fide occupational qualification or applicable security regulations. Existing law defines race or ethnicity for these purposes.
Discrimination: hairstyles.Įxisting law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state, and states that the purpose of related existing law is to prohibit acts that are contrary to that policy and to provide remedies therefor.
SHARE THIS:share this bill in Facebookshare this bill in Twitter Date Published: 09:00 PMĬALIFORNIA LEGISLATURE- 2019–2020 REGULAR SESSIONĪn act to amend Section 212.1 of the Education Code, and to amend Section 12926 of the Government Code, relating to discrimination. Anexo con nuevo proyecto de ley de California, aprobado por el Senado Compatibilizar ambas exigencias, deberes y derechos, para una coexistencia pacífica en una sociedad plurar y democrática.Įn ciertos casos se preferirá evitar el conflicto pero en otros debe ponderarse con las creencias o necesidades de un trabajador en un caso concreto, tarea que se difiere para los jueces. Es cuestión de evaluar entonces la necesidad y proporcionalidad de la medida.
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