| Chapter 382 |
| 2025 -- H 5841 Enacted 07/01/2025 |
| A N A C T |
| RELATING TO EDUCATION -- OFFENSES PERTAINING TO SCHOOLS |
Introduced By: Representatives Stewart, Cruz, J. Lombardi, Alzate, Shallcross Smith, Kislak, Potter, Felix, Kazarian, and Casimiro |
| Date Introduced: February 28, 2025 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 16-38-1 of the General Laws in Chapter 16-38 entitled "Offenses |
| Pertaining to Schools [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is |
| hereby amended to read as follows: |
| 16-38-1. Discrimination because of race or age. |
| (a) No person shall be excluded from any public school on account of race or color, or for |
| being over fifteen (15) years of age, nor except by force of some general regulation applicable to |
| all persons under the same circumstances. |
| (b) Discrimination on the basis of race is prohibited in all public elementary and secondary |
| schools in the state and in all schools operated by the council on elementary and secondary |
| education. This prohibition shall apply to employment practices, admissions, curricular programs, |
| extracurricular activities including athletics, counseling, and any and all other school functions and |
| activities. |
| (c) For purposes of this section, the term: |
| (1) "Protective hairstyles" means and includes, but is not limited to, hair texture or |
| hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or |
| national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, |
| cornrows, twists, braids, Bantu knots, and Afros). |
| (2) "Race" means and includes traits historically associated with the race, including, but |
| not limited to, hair texture and protective hairstyles. |
| SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair |
| Employment Practices" is hereby amended to read as follows: |
| 28-5-6. Definitions. |
| When used in this chapter: |
| (1) “Age” means anyone who is at least forty (40) years of age. |
| (2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or |
| on the basis of pregnancy, childbirth, or related medical conditions, and women affected by |
| pregnancy, childbirth, or related medical conditions shall be treated the same for all employment |
| related purposes, including receipt of benefits under fringe benefit programs, as other persons not |
| so affected but similar in their ability or inability to work, and nothing in this chapter shall be |
| interpreted to permit otherwise. |
| (3) “Commission” means the Rhode Island commission against discrimination created by |
| this chapter. |
| (4) “Confidential” means to remain secret and not to be disclosed to another person or |
| entity. |
| (5) “Conviction” means, for the purposes of this chapter only, any verdict or finding of |
| guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. |
| (6) “Disability” means a disability as defined in § 42-87-1. |
| (7) “Discriminate” includes segregate or separate. |
| (8) “Employee” does not include any individual employed by his or hertheir parents, |
| spouse, or child, or in the domestic service of any person. |
| (9)(i) “Employer” includes the state and all political subdivisions of the state and any |
| person in this state employing four (4) or more individuals, and any person acting in the interest of |
| an employer directly or indirectly. |
| (ii) Nothing in this subdivision shall be construed to apply to a religious corporation, |
| association, educational institution, or society with respect to the employment of individuals of its |
| religion to perform work connected with the carrying on of its activities. |
| (10) “Employment agency” includes any person undertaking, with or without |
| compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees. |
| (11) “Firefighter” means an employee the duties of whose position include work connected |
| with the control and extinguishment of fires or the maintenance and use of firefighting apparatus |
| and equipment, including an employee engaged in this activity who is transferred or promoted to a |
| supervisory or administrative position. |
| (12) “Gender identity or expression” includes a person’s actual or perceived gender, as |
| well as a person’s gender identity, gender-related self image, gender-related appearance, or gender- |
| related expression; whether or not that gender identity, gender-related self image, gender-related |
| appearance, or gender-related expression is different from that traditionally associated with the |
| person’s sex at birth. |
| (13) “Labor organization” includes any organization that exists for the purpose, in whole |
| or in part, of collective bargaining or of dealing with employers concerning grievances, terms or |
| conditions of employment, or of other mutual aid or protection in relation to employment. |
| (14) “Law enforcement officer” means an employee the duties of whose position include |
| investigation, apprehension, or detention of individuals suspected or convicted of offenses against |
| the criminal laws of the state, including an employee engaged in such activity who is transferred or |
| promoted to a supervisory or administrative position. For the purpose of this subdivision, |
| “detention” includes the duties of employees assigned to guard individuals incarcerated in any |
| penal institution. |
| (15) “Non-disparagement agreement” means an agreement which restricts an individual |
| from taking any action to include, but not be limited to, speaking or publicizing information that |
| negatively impacts the other party to the agreement to include the reputation, products, services, |
| employees, and management of the protected party. |
| (16) “Person” includes one or more individuals, partnerships, associations, organizations, |
| corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. |
| (17) "Protective hairstyles" means and includes, but is not limited to, hair texture or |
| hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or |
| national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, |
| cornrows, twists, braids, Bantu knots, and Afros). |
| (18) "Race" means and includes traits historically associated with the race, including, but |
| not limited to, hair texture and protective hairstyles. |
| (17)(19) “Religion” includes all aspects of religious observance and practice, as well as |
| belief, unless an employer, union, or employment agency demonstrates that it is unable to |
| reasonably accommodate to an employee’s or prospective employee’s or union member’s religious |
| observance or practice without undue hardship on the conduct of its business. |
| (18)(20) “Sexual orientation” means having or being perceived as having an orientation for |
| heterosexuality, bisexuality, or homosexuality. |
| (19)(21) The terms, as used regarding persons with disabilities: |
| (i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same |
| meaning as those items are defined in § 42-87-1.1; and |
| (ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1. |
| SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil |
| Rights Act of 1990" is hereby amended to read as follows: |
| 42-112-1. Discrimination prohibited. |
| (a) All persons within the state, regardless of race, color, religion, sex, disability, age, or |
| country of ancestral origin, have, except as is otherwise provided or permitted by law, the same |
| rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and |
| personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and |
| proceedings for the security of persons and property, and are subject to like punishment, pains, |
| penalties, taxes, licenses, and exactions of every kind, and to no other. |
| (b) For the purposes of this section, the right to “make and enforce contracts, to inherit, |
| purchase, to lease, sell, hold, and convey real and personal property” includes the making, |
| performance, modification and termination of contracts and rights concerning real or personal |
| property, and the enjoyment of all benefits, terms, and conditions of the contractual and other |
| relationships. |
| (c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, |
| chapter 5.1 of title 28, or any other remedial programs designed to address past societal |
| discrimination. |
| (d) For the purposes of this section, the terms “sex” and “age” have the same meaning as |
| those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” |
| has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons |
| with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” |
| “reasonable modification,” and “undue hardship” shall have the same meaning as those terms are |
| defined in § 42-87-1.1. |
| (e) For the purposes of this section, the term: |
| (1) "Protective hairstyles" means and includes, but is not limited to, hair texture or |
| hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or |
| national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, |
| cornrows, twists, braids, Bantu knots, and Afros). |
| (2) "Race" means and includes traits historically associated with race, including, but not |
| limited to, hair texture and protective hairstyles. |
| SECTION 4. This act shall take effect upon passage. |
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