A San Diego applicant for a Technical Supervisor position to Encore Global, a national audio/visual company may be the first to cite a California law preventing the discrimination of Black hairstyles.
Jeffrey Thornton and employment attorney Adam Kent announced a legal claim at Studio Cutz in La Mesa on Nov.30 against Encore Global alongside San Diego leaders. Civil rights activist and President of the People's Association of Justice Advocates Shane Harris sent a letter to Gov. Gavin Newsom and the state’s legislature immediately following the press conference requesting an enforcement measure of the Crown Act, otherwise known as Creating a Respectful and Open World for Natural Hair Act.
The bill authored by then California State Senator Holly Mitchell sought to prohibit employers and public schools from banning protective black hairstyles.In October 2021, Thornton was officially notified about the opening. In November 2021, San Diego’s Encore Global interviewed Thornton for the position. He was formally referred by former east coast contacts.
Thornton said he was discriminated an interview for the position by Hilton San Diego Bayfront when the company asked him to cut his dreadlocks at a shorter length above the earlobe. Thornton’s hair is made up of dreadlocks, clean shaved around the sides and the back, and his hair is 5 inches long at the top of his head
“I wouldn't be able to come to terms with sacrificing my disciplinary journey and what it symbolizes. I was told that if I was willing to make that sacrifice that position would be waiting for me, which it still is I assume,” Thornton said.
At the height of the pandemic, Thornton was furloughed by Encore Global in Orlando FL, where he worked as a Technical Supervisor and was never questioned about his hair. After being furloughed by the company for about a year, he decided to move to the San Diego in July 2021 after being notified positions would begin to open up. Thornton took on contractual work in the mean time.
“I felt as if I needed to make a change that reflected the levels of growth that I was experiencing in my personal life and in my career development, along with my creative and technological skill-set. Like many people in my culture, I decided the best way to demonstrate that growth is through my locks,”Thornton said.
According to Thornton, Encore Global reached out nearly three times to follow up regarding changes in his appearance.
“Professionalism is not about fitting into Eurocentric norms. Professionalism is about competency, skill and respect,” Kent said. “In essence he was told that his identity and his culture are what needs to be conformed into the norms in order to succeed in this world.”
According to Kent, the complaint was filed on Nov.28 at the San Diego Superior Court alleging violations of the Fair Employment and Housing Act against Encore Global, specifically violations of the Crown Act which was enacted Jan. 1 2020.
“We all expect to be judged based on our abilities and on our character, but Mr. Thornton is being told in this case that it’s different for him," Kent said.
The lawsuit seeks unspecified damages to the company for their violation of the Crown Act.
"He wasn’t being told he wasn’t competent for the position. He wasn’t told that he didn’t have the skill or training necessary. Instead, he was told what he looks like is the reason why he can’t pursue his profession, his chosen career … So with this lawsuit, we argue that proximity to whiteness is not to be used as a measuring stick for success,” Kent said.
A letter was sent to Encore CEO and Vice President Erwin Harris by the People's Association of Justice Advocates requesting a meeting to discuss the company’s policies on diversity.
“Now employers in California don't know that the state means business when it comes to standing up for hair discrimination. That is all the more reason why this legal claim is comparatively more important today," Shane Harris said.
