2020 -- S 2562 | |
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LC004218 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO EDUCATION - PREVENTING DISCRIMINATION ON THE BASIS OF | |
RACE | |
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Introduced By: Senators Quezada, Lawson, and Metts | |
Date Introduced: February 25, 2020 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 16-38-1 of the General Laws in Chapter 16-38 entitled "Offenses |
2 | Pertaining to Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is |
3 | hereby amended to read as follows: |
4 | 16-38-1. Discrimination because of race or age. |
5 | (a) No person shall be excluded from any public school on account of race or color, or for |
6 | being over fifteen (15) years of age, nor except by force of some general regulation applicable to |
7 | all persons under the same circumstances. |
8 | (b) Discrimination on the basis of race is prohibited in all public elementary and |
9 | secondary schools in the state and in all schools operated by the council on elementary and |
10 | secondary education. This prohibition shall apply to employment practices, admissions, curricular |
11 | programs, extracurricular activities including athletics, counseling, and any and all other school |
12 | functions and activities. |
13 | (1) "Race" includes traits historically associated with the race, including, but not limited |
14 | to, hair texture and protective hairstyles. |
15 | (2) The term "protective hairstyles" includes, but is not limited to, such hairstyles as |
16 | braids, locks, and twists. |
17 | SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair |
18 | Employment Practices" is hereby amended to read as follows: |
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1 | 28-5-6. Definitions. |
2 | When used in this chapter: |
3 | (1) "Age" means anyone who is at least forty (40) years of age. |
4 | (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or |
5 | on the basis of pregnancy, childbirth, or related medical conditions, and women affected by |
6 | pregnancy, childbirth, or related medical conditions shall be treated the same for all employment |
7 | related purposes, including receipt of benefits under fringe benefit programs, as other persons not |
8 | so affected but similar in their ability or inability to work, and nothing in this chapter shall be |
9 | interpreted to permit otherwise. |
10 | (3) "Commission" means the Rhode Island commission against discrimination created by |
11 | this chapter. |
12 | (4) "Conviction" means, for the purposes of this chapter only, any verdict or finding of |
13 | guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. |
14 | (5) "Disability" means a disability as defined in § 42-87-1. |
15 | (6) "Discriminate" includes segregate or separate. |
16 | (7) "Employee" does not include any individual employed by his or her parents, spouse, |
17 | or child, or in the domestic service of any person. |
18 | (8)(i) "Employer" includes the state and all political subdivisions of the state and any |
19 | person in this state employing four (4) or more individuals, and any person acting in the interest |
20 | of an employer directly or indirectly. |
21 | (ii) Nothing in this subdivision shall be construed to apply to a religious corporation, |
22 | association, educational institution, or society with respect to the employment of individuals of its |
23 | religion to perform work connected with the carrying on of its activities. |
24 | (9) "Employment agency" includes any person undertaking with or without compensation |
25 | to procure opportunities to work, or to procure, recruit, refer, or place employees. |
26 | (10) "Firefighter" means an employee the duties of whose position includes work |
27 | connected with the control and extinguishment of fires or the maintenance and use of firefighting |
28 | apparatus and equipment, including an employee engaged in this activity who is transferred or |
29 | promoted to a supervisory or administrative position. |
30 | (11) "Gender identity or expression" includes a person's actual or perceived gender, as |
31 | well as a person's gender identity, gender-related self image, gender-related appearance, or |
32 | gender-related expression; whether or not that gender identity, gender-related self image, gender- |
33 | related appearance, or gender-related expression is different from that traditionally associated |
34 | with the person's sex at birth. |
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1 | (12) "Labor organization" includes any organization which exists for the purpose, in |
2 | whole or in part, of collective bargaining or of dealing with employers concerning grievances, |
3 | terms or conditions of employment, or of other mutual aid or protection in relation to |
4 | employment. |
5 | (13) "Law enforcement officer" means an employee the duties of whose position include |
6 | investigation, apprehension, or detention of individuals suspected or convicted of offenses against |
7 | the criminal laws of the state, including an employee engaged in such activity who is transferred |
8 | or promoted to a supervisory or administrative position. For the purpose of this subdivision, |
9 | "detention" includes the duties of employees assigned to guard individuals incarcerated in any |
10 | penal institution. |
11 | (14) "Person" includes one or more individuals, partnerships, associations, organizations, |
12 | corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. |
13 | (15)(i) "Race" includes traits historically associated with the race, including, but not |
14 | limited to, hair texture and protective hairstyles. |
15 | (ii) The term "protective hairstyles" includes, but is not limited to, such hairstyles as |
16 | braids, locks, and twists. |
17 | (15)(16) "Religion" includes all aspects of religious observance and practice, as well as |
18 | belief, unless an employer, union or employment agency demonstrates that it is unable to |
19 | reasonably accommodate to an employee's or prospective employee's or union member's religious |
20 | observance or practice without undue hardship on the conduct of its business. |
21 | (16)(17) "Sexual orientation" means having or being perceived as having an orientation |
22 | for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the |
23 | status of persons and does not render lawful any conduct prohibited by the criminal laws of this |
24 | state nor impose any duty on a religious organization. This definition does not confer legislative |
25 | approval of that status, but is intended to assure the basic human rights of persons to obtain and |
26 | hold employment, regardless of that status. |
27 | (17)(18) The terms, as used regarding persons with disabilities: |
28 | (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same |
29 | meaning as those items are defined in § 42-87-1.1; and |
30 | (ii) "Hardship" means an "undue hardship" as defined in § 42-87-1.1. |
31 | SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The |
32 | Civil Rights Act of 1990" is hereby amended to read as follows: |
33 | 42-112-1. Discrimination prohibited. |
34 | (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or |
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1 | country of ancestral origin, have, except as is otherwise provided or permitted by law, the same |
2 | rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and |
3 | personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws |
4 | and proceedings for the security of persons and property, and are subject to like punishment, |
5 | pains, penalties, taxes, licenses, and exactions of every kind, and to no other. |
6 | (b) For the purposes of this section, the right to "make and enforce contracts, to inherit, |
7 | purchase, to lease, sell, hold, and convey real and personal property" includes the making, |
8 | performance, modification and termination of contracts and rights concerning real or personal |
9 | property, and the enjoyment of all benefits, terms, and conditions of the contractual and other |
10 | relationships. |
11 | (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, |
12 | chapter 5.1 of title 28 or any other remedial programs designed to address past societal |
13 | discrimination. |
14 | (d) For the purposes of this section, the terms "sex" and "age" have the same meaning as |
15 | those terms are defined in § 28-5-6, the state fair employment practices act. The term "disability" |
16 | has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding |
17 | persons with disabilities, "auxiliary aids and services," "readily achievable," "reasonable |
18 | accommodation," "reasonable modification," and "undue hardship" shall have the same meaning |
19 | as those terms are defined in § 42-87-1.1. |
20 | (e)(1) For the purposes of this section, the term "race" includes traits historically |
21 | associated with race, including, but not limited to, hair texture and protective hairstyles. |
22 | (2) The term "protective hairstyles" includes, but is not limited to, such hairstyles as |
23 | braids, locks, and twists. |
24 | SECTION 4. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO EDUCATION - PREVENTING DISCRIMINATION ON THE BASIS OF | |
RACE | |
*** | |
1 | This act would protect hairstyle discrimination by expanding the definition of race to |
2 | include traits historically associated with race, including, but not limited to, hair texture and |
3 | protective hairstyles. |
4 | This act would take effect upon passage. |
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