California: The CROWN Act (SB 188)
Adopted: 3 July 2019 Bill Number: SB 188 Governor: Gavin Newsom Status: Enacted
California made history on 3 July 2019 when Governor Gavin Newsom signed SB 188 into law, making it the first state in the United States to explicitly prohibit discrimination based on natural hair texture and protective hairstyles. The bill, authored by Senator Holly Mitchell, established the legislative template that twenty-three additional states would follow.
Key Provisions
SB 188, the Creating a Respectful and Open World for Natural Hair Act, amends two existing California statutes:
Fair Employment and Housing Act (FEHA). The bill expands the definition of race under FEHA to include traits historically associated with race, specifically hair texture and protective hairstyles. This means that employment discrimination based on natural hair, including locs, braids, twists, Bantu knots, and cornrows, is treated as racial discrimination under California law.
Education Code. The bill makes corresponding amendments to the California Education Code, extending protections to students in public and charter schools. School grooming policies that restrict natural hairstyles are subject to the same anti-discrimination standards.
Protective hairstyles defined. The legislation specifically enumerates protected hairstyles, including but not limited to braids, locs, twists, and Bantu knots, while making clear the list is not exhaustive.
Significance
California’s adoption of SB 188 was a watershed moment. As the most populous US state and the world’s fifth-largest economy, California’s legislative action sent a signal that hair discrimination protections were legally viable, politically achievable, and economically relevant.
The bill’s integration into FEHA was strategically important. Rather than creating standalone legislation, SB 188 embedded hair protections within California’s established anti-discrimination enforcement infrastructure. The Department of Fair Employment and Housing (now the Civil Rights Department) gained jurisdiction over hair discrimination claims, providing individuals with an established complaints process and remedies.
Senator Holly Mitchell, who authored the bill, connected the legislation directly to research evidence, citing data from the Dove CROWN Coalition on workplace discrimination. The legislative record establishes a model of data-driven policymaking that subsequent states followed.
California Context
California’s adoption was shaped by the state’s demographics and cultural landscape. The state is home to approximately 2.3 million Black residents and has one of the most diverse populations in the nation. Los Angeles and the San Francisco Bay Area are centres of the natural hair movement and home to significant communities advocating for hair freedom.
Before SB 188, California courts had addressed hair discrimination under existing race discrimination provisions with mixed results. The explicit statutory language removed ambiguity and provided clearer standards for employers, schools, and courts.
Impact Since Enactment
Since its enactment, California’s CROWN Act has produced several observable effects:
Policy revisions. Major California employers have reviewed and revised grooming policies to ensure compliance. Technology companies, financial institutions, and retail chains operating in California have updated their appearance standards.
Awareness increase. The legislation generated significant media coverage, raising public awareness of hair discrimination as a form of racial bias. The “California was first” narrative provided a reference point for the entire CROWN Act movement.
Enforcement activity. The Civil Rights Department has received and investigated hair-related discrimination complaints, though published enforcement data remains limited given the legislation’s relative recency.
For the full history of the CROWN Act movement that California launched, see the CROWN Act timeline. For analysis of how California’s model has influenced European legislative efforts, see Lessons from the CROWN Act for Europe.
For detailed legal analysis of California’s CROWN Act provisions, contact [email protected].