2022 -- S 2096 | |
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LC003650 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO EDUCATION -- (SEE TITLE 16 CHAPTER 97 -- THE RHODE ISLAND | |
BOARD OF EDUCATION ACT) -- DISCRIMINATION ON THE BASIS OF RACE | |
PROHIBITED | |
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Introduced By: Senators Mack, Kallman, Anderson, Mendes, DiMario, Murray, Acosta, | |
Date Introduced: January 25, 2022 | |
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 secondary |
9 | schools in the state and in all schools operated by the council on elementary and secondary |
10 | education. This prohibition shall apply to employment practices, admissions, curricular programs, |
11 | extracurricular activities including athletics, counseling, and any and all other school functions and |
12 | activities. |
13 | (c) For purposes of this section, the term: |
14 | (1) "Race" includes traits historically associated with the race, including, but not limited |
15 | to, hair texture and protective hairstyles. |
16 | (2) "Protective hairstyles" includes, but is not limited to, such hairstyles as braids, locks, |
17 | and twists. |
18 | SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair |
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1 | Employment Practices" is hereby amended to read as follows: |
2 | 28-5-6. Definitions. |
3 | When used in this chapter: |
4 | (1) "Age" means anyone who is at least forty (40) years of age. |
5 | (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or |
6 | on the basis of pregnancy, childbirth, or related medical conditions, and women affected by |
7 | pregnancy, childbirth, or related medical conditions shall be treated the same for all employment |
8 | related purposes, including receipt of benefits under fringe benefit programs, as other persons not |
9 | so affected but similar in their ability or inability to work, and nothing in this chapter shall be |
10 | interpreted to permit otherwise. |
11 | (3) "Commission" means the Rhode Island commission against discrimination created by |
12 | this chapter. |
13 | (4) "Conviction" means, for the purposes of this chapter only, any verdict or finding of |
14 | guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. |
15 | (5) "Disability" means a disability as defined in § 42-87-1. |
16 | (6) "Discriminate" includes segregate or separate. |
17 | (7) "Employee" does not include any individual employed by his or her parents, spouse, or |
18 | child, or in the domestic service of any person. |
19 | (8)(i) "Employer" includes the state and all political subdivisions of the state and any |
20 | person in this state employing four (4) or more individuals, and any person acting in the interest of |
21 | an employer directly or indirectly. |
22 | (ii) Nothing in this subdivision shall be construed to apply to a religious corporation, |
23 | association, educational institution, or society with respect to the employment of individuals of its |
24 | religion to perform work connected with the carrying on of its activities. |
25 | (9) "Employment agency" includes any person undertaking with or without compensation |
26 | to procure opportunities to work, or to procure, recruit, refer, or place employees. |
27 | (10) "Firefighter" means an employee the duties of whose position include work connected |
28 | with the control and extinguishment of fires or the maintenance and use of firefighting apparatus |
29 | and equipment, including an employee engaged in this activity who is transferred or promoted to a |
30 | supervisory or administrative position. |
31 | (11) "Gender identity or expression" includes a person's actual or perceived gender, as well |
32 | as a person's gender identity, gender-related self image, gender-related appearance, or gender- |
33 | related expression; whether or not that gender identity, gender-related self image, gender-related |
34 | appearance, or gender-related expression is different from that traditionally associated with the |
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1 | person's sex at birth. |
2 | (12) "Labor organization" includes any organization which exists for the purpose, in whole |
3 | or in part, of collective bargaining or of dealing with employers concerning grievances, terms or |
4 | conditions of employment, or of other mutual aid or protection in relation to 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 or |
8 | 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 penal |
10 | 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 limited |
14 | to, hair texture and protective hairstyles. |
15 | (ii) "Protective hairstyles" includes, but is not limited to, such hairstyles as braids, locks, |
16 | 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 for |
22 | heterosexuality, bisexuality, or homosexuality. |
23 | (17)(18) The terms, as used regarding persons with disabilities: |
24 | (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same |
25 | meaning as those items are defined in § 42-87-1.1; and |
26 | (ii) "Hardship" means an "undue hardship" as defined in § 42-87-1.1. |
27 | SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil |
28 | Rights Act of 1990" is hereby amended to read as follows: |
29 | 42-112-1. Discrimination prohibited. |
30 | (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or |
31 | country of ancestral origin, have, except as is otherwise provided or permitted by law, the same |
32 | rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and |
33 | personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and |
34 | proceedings for the security of persons and property, and are subject to like punishment, pains, |
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1 | penalties, taxes, licenses, and exactions of every kind, and to no other. |
2 | (b) For the purposes of this section, the right to "make and enforce contracts, to inherit, |
3 | purchase, to lease, sell, hold, and convey real and personal property" includes the making, |
4 | performance, modification and termination of contracts and rights concerning real or personal |
5 | property, and the enjoyment of all benefits, terms, and conditions of the contractual and other |
6 | relationships. |
7 | (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, |
8 | chapter 5.1 of title 28 or any other remedial programs designed to address past societal |
9 | discrimination. |
10 | (d) For the purposes of this section, the terms "sex" and "age" have the same meaning as |
11 | those terms are defined in § 28-5-6, the state fair employment practices act. The term "disability" |
12 | has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons |
13 | with disabilities, "auxiliary aids and services," "readily achievable," "reasonable accommodation," |
14 | "reasonable modification," and "undue hardship" shall have the same meaning as those terms are |
15 | defined in § 42-87-1.1. |
16 | (e) For the purposes of this section, the term: |
17 | (1) "Race" includes traits historically associated with race, including, but not limited to, |
18 | hair texture and protective hairstyles. |
19 | (2) "Protective hairstyles" includes, but is not limited to, such hairstyles as braids, locks, |
20 | and twists. |
21 | 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 -- (SEE TITLE 16 CHAPTER 97 -- THE RHODE ISLAND | |
BOARD OF EDUCATION ACT) -- DISCRIMINATION ON THE BASIS OF RACE | |
PROHIBITED | |
*** | |
1 | This act would prohibit discrimination on the basis of race by expanding the definition of |
2 | race to 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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