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New Washington hair bias law may require handbook makeover

April 2020 employment law letter
Authors: 
Ray Ivey, Perkins Coie LLP

The Washington State Legislature has passed an amendment to the Washington Law Against Discrimination (WLAD) to prohibit bias based on hair textures and hairstyles historically linked to race. Washington's House Bill (HB) 2602 is similar to the Creating a Respectful and Open Workplace for Natural Hair (C.R.O.W.N.) Act enacted in California in July 2019, as well as laws subsequently passed in New York, New Jersey, Virginia, and Colorado. After Governor Jay Inslee signed the bill into law, Washington employers may need to review their discrimination and harassment prevention programs as well as dress code and grooming policies to ensure compliance.

Natural Hair Movement

California's C.R.O.W.N. Act, and the general push for similar legislation across the country, is an outgrowth of the natural hair movement, a social justice movement that has recently penetrated the public consciousness. Its significant cultural impact was demonstrated recently at the Academy Awards, where Matthew A. Cherry won an Oscar for his animated short film "Hair Love," a story about a black father trying to do his daughter's hair. The current movement traces back to the early 2000s (with roots in the Civil Rights Era) as a campaign to encourage black men and women to wear their hair in its natural curly state, or in traditional hairstyles intended to protect or enhance their hair's natural features.

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