California’s Fair Employment and Housing Act may soon protect a person’s coif and prohibit discrimination in housing and employment based on hairstyle and hair texture.

Senate Bill 188 would add to the list of prohibited bases for determining employment or housing “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.”

At present, 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. The Act also prohibits housing discrimination based on specified personal characteristics, including race, religious beliefs, sex or age.

Senate Bill 188, should it pass and be signed by the Governor, will expand the bases upon which prospective home purchasers, renters and employees could allege illegal discrimination. If you are a home seller, landlord or employer you should consult with your legal counsel
before looking for buyers, tenants or employees to ensure you do not run afoul of the California Fair Employment and Housing Act.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.