Currently, California’s Fair Employment and Housing Act (FEHA) includes “race” as a protected class and defines the term to include traits “historically” associated with race, including hair texture and protective hairstyles. The state has amended the FEHA by eliminating the requirement that a trait must be “historically” associated with race in order for it to be protected from racial discrimination. In doing so, the state has removed some ambiguity around the term. Employees are now protected so long as a trait is closely enough associated with race to serve as a proxy for racial discrimination.
The amended law goes into effect on January 1, 2025. Click here to access the full text of the amendment.