2021 -- S 0539

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LC001321

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO EDUCATION -- PREVENTING DISCRIMINATION ON THE BASIS OF

RACE

     

     Introduced By: Senators Mack, Bell, Acosta, Anderson, Calkin, Lawson, Quezada, Cano,
Miller, and Murray

     Date Introduced: March 04, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-38-1 of the General Laws in Chapter 16-38 entitled "Offenses

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Pertaining to Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is

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hereby amended to read as follows:

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     16-38-1. Discrimination because of race or age.

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     (a) No person shall be excluded from any public school on account of race or color, or for

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being over fifteen (15) years of age, nor except by force of some general regulation applicable to

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all persons under the same circumstances.

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     (b) Discrimination on the basis of race is prohibited in all public elementary and secondary

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schools in the state and in all schools operated by the council on elementary and secondary

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education. This prohibition shall apply to employment practices, admissions, curricular programs,

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extracurricular activities including athletics, counseling, and any and all other school functions and

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activities.

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     (1) "Race" includes traits historically associated with the race, including, but not limited

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to, hair texture and protective hairstyles.

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     (2) The term "protective hairstyles" includes, but is not limited to, such hairstyles as braids,

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locks, and twists.

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     SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair

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Employment Practices" is hereby amended to read as follows:

 

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     28-5-6. Definitions.

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     When used in this chapter:

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     (1) "Age" means anyone who is at least forty (40) years of age.

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     (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or

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on the basis of pregnancy, childbirth, or related medical conditions, and women affected by

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pregnancy, childbirth, or related medical conditions shall be treated the same for all employment

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related purposes, including receipt of benefits under fringe benefit programs, as other persons not

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so affected but similar in their ability or inability to work, and nothing in this chapter shall be

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interpreted to permit otherwise.

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     (3) "Commission" means the Rhode Island commission against discrimination created by

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this chapter.

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     (4) "Conviction" means, for the purposes of this chapter only, any verdict or finding of

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guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge.

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     (5) "Disability" means a disability as defined in § 42-87-1.

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     (6) "Discriminate" includes segregate or separate.

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     (7) "Employee" does not include any individual employed by his or her parents, spouse, or

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child, or in the domestic service of any person.

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     (8)(i) "Employer" includes the state and all political subdivisions of the state and any

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person in this state employing four (4) or more individuals, and any person acting in the interest of

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an employer directly or indirectly.

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     (ii) Nothing in this subdivision shall be construed to apply to a religious corporation,

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association, educational institution, or society with respect to the employment of individuals of its

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religion to perform work connected with the carrying on of its activities.

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     (9) "Employment agency" includes any person undertaking with or without compensation

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to procure opportunities to work, or to procure, recruit, refer, or place employees.

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     (10) "Firefighter" means an employee the duties of whose position includes work

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connected with the control and extinguishment of fires or the maintenance and use of firefighting

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apparatus and equipment, including an employee engaged in this activity who is transferred or

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promoted to a supervisory or administrative position.

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     (11) "Gender identity or expression" includes a person's actual or perceived gender, as well

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as a person's gender identity, gender-related self image, gender-related appearance, or gender-

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related expression; whether or not that gender identity, gender-related self image, gender-related

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appearance, or gender-related expression is different from that traditionally associated with the

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person's sex at birth.

 

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     (12) "Labor organization" includes any organization which exists for the purpose, in whole

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or in part, of collective bargaining or of dealing with employers concerning grievances, terms or

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conditions of employment, or of other mutual aid or protection in relation to employment.

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     (13) "Law enforcement officer" means an employee the duties of whose position include

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investigation, apprehension, or detention of individuals suspected or convicted of offenses against

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the criminal laws of the state, including an employee engaged in such activity who is transferred or

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promoted to a supervisory or administrative position. For the purpose of this subdivision,

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"detention" includes the duties of employees assigned to guard individuals incarcerated in any penal

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institution.

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     (14) "Person" includes one or more individuals, partnerships, associations, organizations,

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corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

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     (15)(i) "Race" includes traits historically associated with the race, including, but not limited

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to, hair texture and protective hairstyles.

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     (ii) The term "protective hairstyles" includes, but is not limited to, such hairstyles as braids,

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locks, and twists.

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     (15)(16) "Religion" includes all aspects of religious observance and practice, as well as

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belief, unless an employer, union or employment agency demonstrates that it is unable to

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reasonably accommodate to an employee's or prospective employee's or union member's religious

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observance or practice without undue hardship on the conduct of its business.

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     (16)(17) "Sexual orientation" means having or being perceived as having an orientation for

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heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of

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persons and does not render lawful any conduct prohibited by the criminal laws of this state nor

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impose any duty on a religious organization. This definition does not confer legislative approval of

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that status, but is intended to assure the basic human rights of persons to obtain and hold

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employment, regardless of that status.

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     (17)(18) The terms, as used regarding persons with disabilities:

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     (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same

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meaning as those items are defined in § 42-87-1.1; and

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     (ii) "Hardship" means an "undue hardship" as defined in § 42-87-1.1.

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     SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil

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Rights Act of 1990" is hereby amended to read as follows:

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     42-112-1. Discrimination prohibited.

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     (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or

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country of ancestral origin, have, except as is otherwise provided or permitted by law, the same

 

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rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and

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personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and

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proceedings for the security of persons and property, and are subject to like punishment, pains,

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penalties, taxes, licenses, and exactions of every kind, and to no other.

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     (b) For the purposes of this section, the right to "make and enforce contracts, to inherit,

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purchase, to lease, sell, hold, and convey real and personal property" includes the making,

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performance, modification and termination of contracts and rights concerning real or personal

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property, and the enjoyment of all benefits, terms, and conditions of the contractual and other

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relationships.

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     (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37,

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chapter 5.1 of title 28 or any other remedial programs designed to address past societal

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discrimination.

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     (d) For the purposes of this section, the terms "sex" and "age" have the same meaning as

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those terms are defined in § 28-5-6, the state fair employment practices act. The term "disability"

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has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons

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with disabilities, "auxiliary aids and services," "readily achievable," "reasonable accommodation,"

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"reasonable modification," and "undue hardship" shall have the same meaning as those terms are

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defined in § 42-87-1.1.

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     (e)(1) For the purposes of this section, the term "race" includes traits historically associated

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with race, including, but not limited to, hair texture and protective hairstyles.

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     (2) The term "protective hairstyles" includes, but is not limited to, such hairstyles as braids,

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locks, and twists.

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     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

***

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     This act would protect hairstyle discrimination by expanding the definition of race to

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include traits historically associated with race, including, but not limited to, hair texture and

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protective hairstyles.

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     This act would take effect upon passage.

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