A suit filed last week in San Diego Superior Court serves as a reminder to employers about the importance of keeping up-to-date on California’s evolving Fair Employment and Housing Act (“FEHA”). In the new suit, an employee, Jeffrey Thornton, claims that he was discriminated against on the basis of his race when his former employer, an event management company, allegedly told him that he would need to cut his hair, which Thornton maintained in locks. This is believed to be one of the first, if not the first, lawsuits filed that asserts claims under FEHA pursuant to the CROWN Act amendment, which took effect in January of this year.

California’s FEHA has long prohibited discrimination against applicants and employees based on race and color, among other protected characteristics. However, in 2019, lawmakers passed SB 188, also known as the CROWN Act (which stands for “Create a Respectful and Open Workplace for Natural Hair”), which amended FEHA and a portion of the Education Code, to expand the definition of “race” to include discrimination based on “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” The amended FEHA specifically lists locks as among the types of “protective hairstyles” subject to protection.

The CROWN Act was designed to target workplace dress and grooming policies that may have a disproportionate and/or discriminatory impact on employees of color. This topic has been at the forefront of public discourse and was even the subject of a segment in the popular HBO show Last Week Tonight with John Oliver, earlier this year. Although Thornton’s employer maintains that this is a simple miscommunication (not unlawful bias), the lawsuit is a reminder to California employers to closely examine their discrimination, dress code, and grooming policies to ensure that they address the CROWN Act, and to train supervisors accordingly. Employers outside of California should take note as well; 13 other states have passed similar legislation, and that number is only likely to grow. Additionally, federal versions of the CROWN Act have been introduced in both the House and the Senate.

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Photo of Philippe A. Lebel Philippe A. Lebel

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and…

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, defamation, trade secrets, and breach of contract litigation, in both the single-plaintiff and class- and/or representative-action context, at both the trial and appellate level, and before administrative agencies.

In addition to his litigation work, Phil regularly advises clients regarding compliance with federal, state and local employment laws, and assists a variety of companies and financial firms in evaluating labor and employment issues in connection with corporate transactions. Phil also has experience assisting employers with sensitive employee investigations and trainings.  Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board.

Phil has assisted clients in a wide array of sectors including in the biotech, education, entertainment, financial services, fitness, healthcare, high-tech, legal services, manufacturing, media, professional services, sports, and staffing industries, among others.

Phil regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily JournalThe Hollywood ReporterBusiness Insurance, and SHRM.org regarding a variety of labor and employment law topics.

During college, Phil worked on political campaigns in Atlanta, Georgia and Birmingham, Alabama, and was an intern with the National Gay and Lesbian Task Force and the Gay and Lesbian Victory Fund. Phil is a former member of the Board of Directors of the AIDS Legal Referral Panel.

Photo of Dixie Morrison Dixie Morrison

Dixie Morrison is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She is a member of the Discrimination, Harassment, & Title VII and the Labor-Management Relations practice groups.

Dixie assists clients across a…

Dixie Morrison is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. She is a member of the Discrimination, Harassment, & Title VII and the Labor-Management Relations practice groups.

Dixie assists clients across a variety of industries in litigation and arbitration relating to wrongful termination, discrimination, harassment, retaliation, wage and hour, trade secrets, breach of contract, and whistleblower matters in both the single-plaintiff and class and collective action contexts. She also maintains an active traditional labor and collective bargaining practice and regularly counsels employers on a diverse range of workplace issues.

Dixie earned her J.D. from Harvard Law School, where she was the Executive Editor of Submissions for the Journal of Sports and Entertainment Law. Dixie received her B.A., magna cum laude, from Pomona College. Prior to law school, she served as a labor and economic policy aide in the United States Senate.