Your rights if you face race or hair discrimination at work

We know how much this hurts. Being mocked or pushed out for who you are, or for the hair that grows from your head, is not something you have to accept. California law names it. You can push back, and you do not have to do it alone.

This page covers race, color, ancestry and hair at work. It is general information, not legal advice. For the full list of protected traits, see What counts as illegal discrimination or harassment at work in California.

What does the law protect?

California's main civil rights law for jobs is the Fair Employment and Housing Act (FEHA). It bans discrimination and harassment because of race, color, ancestry and national origin, among other traits (CRD Employment page).

Since the CROWN Act took effect in 2020, the law spells out that race includes traits associated with race, including hair texture and protective hairstyles. It says protective hairstyles include braids, locs and twists, and the list is not limited to those (Government Code 12926(w) and (x)). Schools follow the same definition (Education Code 212.1).

That means it can be illegal for an employer to:

• Refuse to hire you, fire you, or cut your hours because of your race, skin color or hair
• Pay you less or skip you for a promotion for those reasons
• Assign you worse shifts or jobs because of your race
• Let a boss, coworker or customer harass you about your race or hair and do nothing

Does my immigration status matter?

No. California's labor and civil rights protections apply to everyone who works or applied for work in the state, whatever their immigration status (Labor Code 1171.5). The one limit in that law: a court cannot order you rehired if federal law forbids it. CRD says on its employment page that it does not ask about immigration status.

If your boss threatens to call immigration because you complained, that is illegal retaliation in California (2 CCR 11028(e)). See What if I am punished for speaking up?

Which employers have to follow this?

• Discrimination rules (hiring, firing, pay, promotion) cover employers with 5 or more employees (Gov. Code 12926(d)).
• Harassment is illegal at every workplace, even one with a single employee (Gov. Code 12940(j)).
• Exception: the FEHA definition of employer leaves out religious nonprofit associations and corporations (Gov. Code 12926(d)). If you work for a church or religious nonprofit, ask a lawyer which rules apply to you.
• Federal law (Title VII) generally covers employers with 15 or more employees (42 U.S.C. 2000e(b)).

Is it legal to make me change my hair?

Under California law, your natural hair texture and protective styles are treated as part of race (Gov. Code 12926(w)). Examples that can be illegal:

• Not hiring someone because they wear braids, locs or twists
• Firing or writing up a worker for their natural hair
• A grooming rule that forces you to straighten, relax or cut your natural hair to look "professional"
• Supervisors or coworkers making repeated jokes or comments about your hair

Some jobs have safety rules, like hair nets in food service or keeping hair away from machines. Whether a rule like that is lawful as applied to your hair is a question for a clinic. Legal Aid at Work gives, as an example of a practice that is generally unlawful, a "clean and tidy hair" policy used to discipline only workers with braids, twists or locks (Legal Aid at Work hair fact sheet). Our suggestion: write down the exact rule and ask the employer in writing what it is for. Then talk to a free clinic.

What if a coworker or boss uses a racial slur?

Harassment is illegal when it makes work hostile, offensive or intimidating. California law says a single incident can be enough to bring a claim if it unreasonably interfered with your work or created a hostile environment (Gov. Code 12923(b)).

In 2024, the California Supreme Court said that a coworker's use of an unambiguous racial slur, like the N word, may be enough on its own, depending on all the circumstances (Bailey v. San Francisco District Attorney's Office, decided July 29, 2024). The court also said an HR manager who blocks or discourages a complaint can be taking a punishing action against the worker.

What to do:

1. Write down the exact words, the date, the place and who was there.
2. Report it in writing (email or text) to a supervisor or HR, and keep a copy.
3. Your employer must take steps to stop harassment by supervisors, coworkers and customers once it knows (CRD Employment page).
4. If it keeps happening, or nothing changes, file with CRD.

What if I am punished for speaking up?

It is illegal to punish you for complaining about discrimination, filing a complaint, or helping a coworker with theirs (Gov. Code 12940(h)). Punishment can look like:

• Firing, cutting hours, or moving you to a worse shift
• Sudden bad reviews or write ups after you complain
• Threats to call immigration or police on you or your family (2 CCR 11028(e))

Starting January 1, 2027, a new state law also bans using someone's real or perceived immigration status in a way that would scare a worker out of using their rights, with penalties of up to $10,000 per person for each violation (AB 2495, Stats. 2026, ch. 748). See Your rights at work for more.

What should I write down?

The strongest cases start with good notes. Write them as soon as you can, while you still remember. For each event:

• Date, time and place
• Who did it and their job title
• The exact words or actions
• Who saw or heard it
• How it affected your work, pay or health
• Who you told, and what they said or did

Save texts, emails, schedules, pay stubs and photos. Send copies to your personal email or keep them on your own phone, not a work device. Use the log at the end of this page.

How do I file a complaint?

1. File with CRD. You can file online, by phone at 800-884-1684 (Monday to Friday, 8 a.m. to 5 p.m.), by mail or in person (How to file a complaint). You do not need a lawyer (CRD complaint process).
2. Watch the deadline. For job cases, you must file the intake form within three years of the last harm (CRD complaint process).
3. You must file with CRD before you sue under California law, even if you plan to go straight to court (CRD Employment page).
4. What happens next (interview, investigation, mediation, right to sue) is on How to file a discrimination complaint in California.

What about federal law?

Title VII of the Civil Rights Act bans race discrimination at employers with 15 or more workers anywhere in the U.S. (42 U.S.C. 2000e). You file a charge with the EEOC. The EEOC deadline is 180 days, extended to 300 days where a state agency enforces a similar law, as CRD does in California (EEOC, How to file a charge). CRD and the EEOC share complaints with each other, so filing with one can count for both.

California's law protects more workers, names hair directly and gives you more time. Most California workers start with CRD. If you live outside California, start with the EEOC and your own state's civil rights agency.

Mistakes to avoid

• Waiting for it to stop on its own. Deadlines keep running. Notes fade.
• Keeping proof only on a work phone or work email. You can lose access the day you are fired.
• Quitting without advice. If you are thinking of quitting, talk to a clinic first. It can affect your case and your unemployment claim.
• Signing papers you do not understand. If your employer offers money and asks you to sign, take it home and get free advice first.
• Paying a "notario" or unlicensed helper. You can file with CRD yourself, without a lawyer. Real legal advice comes from lawyers and legal aid groups.

Who can help?

These programs are free or low cost. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Civil Rights Department (statewide): 800-884-1684, TTY 800-700-2320, Relay 711. Takes complaints and does not ask about status.
• Legal Aid at Work (statewide clinics): 415-864-8848. Free, confidential advice for workers who meet income limits. East Palo Alto line: (415) 404-9093 (Workers' Rights Clinic).
• More Bay Area options: Free help with a work problem in the Bay Area and Do I need a lawyer for a case against my employer?

Questions people ask

I am not Black. Does the hair rule protect me too? The law protects traits associated with race for everyone. It does not limit the protection to one group (Gov. Code 12926(w)). Ask a clinic how it fits your facts.

My boss says it was "just a joke." Does that matter? Not much. The question is the effect on your work and whether the conduct was hostile or offensive. One serious incident can be enough (Gov. Code 12923).

I was not hired. How can I prove why? Write down what was said in the interview, any comments about your hair or name, and who got the job. CRD can investigate. You do not have to prove everything before you file.

I get paid in cash. Can I still file? Yes. Discrimination and harassment protections do not depend on how you are paid or on your papers.

What if the harassment came from a customer? Your employer must take steps to stop harassment by customers and other outsiders once it knows (CRD Employment page). Report it in writing.

Does this also apply at my child's school? Yes. Schools use the same hair definition (Education Code 212.1). Complaints at school start with the school district.

Is there a log I can print?

You deserve a workplace where you can show up as yourself. Take the first step today: write it down.