Alabama 2022 Regular Session

Alabama Senate Bill SB50 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB50
2	2	2 210509-1
3	3	3 By Senator Smitherman
4	4	4 RFD: Judiciary
5	5	5 First Read: 11-JAN-22
6	6
7	7	Page 0 1 210509-1:n:02/24/2021:HB/ma LSA 2021-530
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13	13	7
14	14	8 SYNOPSIS: Under existing state law, it is unlawful for
15	15	9 any person to discriminate against an individual
16	16	10 because of his or her race with respect to housing.
17	17	11 Under existing state law, it is also
18	18	12 unlawful for an employer to pay an employee at wage
19	19	13 rates less than those paid to employees of another
20	20	14 race for substantially similar work.
21	21	15 This bill would make it unlawful for a
22	22	16 person to deny an individual full and equal
23	23	17 enjoyment of public accommodations based upon the
24	24	18 individual's hairstyle.
25	25	19 This bill would prohibit an employer from
26	26	20 discriminating against an applicant or employee
27	27	21 based upon the applicant or employee's race,
28	28	22 ethnicity, or hairstyle and would create a cause of
29	29	23 action against an employer who does so.
30	30	24 This bill would also prohibit discrimination
31	31	25 against a recipient of state or federal assistance
32	32	26 based upon the recipient's hairstyle.
33	33	27
34	34	Page 1 1 A BILL
35	35	2 TO BE ENTITLED
36	36	3 AN ACT
37	37	4
38	38	5 Relating to discrimination; to prohibit
39	39	6 discrimination in employment, public accommodations, or
40	40	7 federal or state financial assistance based on an individual's
41	41	8 hairstyle; and to create a cause of action against an employer
42	42	9 for discrimination based on hairstyle.
43	43	10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
44	44	11 Section 1. The Legislature finds and declares all of
45	45	12 the following:
46	46	13 (1) The history of our nation is riddled with laws
47	47	14 that discriminated against individuals on the basis of race
48	48	15 and ethnicity. The federal government has long recognized that
49	49	16 discrimination on the basis of race in places of public
50	50	17 accommodation is unlawful. The State of Alabama hereby
51	51	18 declares that discrimination on the basis of race or ethnicity
52	52	19 in places of public accommodation is unlawful.
53	53	20 (2) The Legislature is committed to safeguarding all
54	54	21 individuals in this state from discrimination based upon race
55	55	22 or ethnicity in connection with employment. Pursuant to
56	56	23 federal law and the guidelines on race discrimination
57	57	24 established by the Equal Employment Opportunity Commission,
58	58	25 the Legislature fully supports the protection and safeguarding
59	59	26 of the rights and opportunities of all people to seek, obtain,
60	60	Page 2 1 and hold employment without subjection to racial or ethnic
61	61	2 discrimination in the workplace.
62	62	3 (3) The history of our nation is also riddled with
63	63	4 laws and societal norms that equated blackness and the
64	64	5 associated physical traits, such as dark skin and kinky or
65	65	6 curly hair, to a badge of inferiority, sometimes subject to
66	66	7 separate and unequal treatment.
67	67	8 (4) This idea also permeated societal understanding
68	68	9 of professionalism. Professionalism was, and still is, closely
69	69	10 linked to European features and mannerisms, which entails that
70	70	11 those who do not naturally fall into Eurocentric norms must
71	71	12 alter their appearances, sometimes drastically and
72	72	13 permanently, in order to be deemed professional.
73	73	14 (5) Despite the great strides in American society
74	74	15 and laws made to reverse the racist ideology that Black traits
75	75	16 are inferior, hair remains a rampant source of racial
76	76	17 discrimination with serious economic and health consequences,
77	77	18 especially for Black individuals.
78	78	19 (6) Workplace dress code and grooming policies that
79	79	20 prohibit natural hair, including afros, braids, twists, and
80	80	21 locks, have a disparate impact on Black individuals as these
81	81	22 policies are more likely to deter Black applicants and burden
82	82	23 or punish Black employees than any other group.
83	83	24 (7) Federal courts accept that Title VII of the
84	84	25 Civil Rights Act of 1964, prohibits discrimination based on
85	85	26 race, and therefore protects against discrimination against
86	86	27 afros. However, the courts do not understand that afros are
87	87	Page 3 1 not the only natural presentation of Black hair. Black hair
88	88	2 can also be naturally presented in braids, twists, and locks.
89	89	3 (8) In a society in which hair has historically been
90	90	4 one of the many determining factors of an individual's race
91	91	5 and whether he or she was a second class citizen, hair today
92	92	6 remains a proxy for race. Therefore, hair discrimination
93	93	7 targeting hairstyles associated with race is racial
94	94	8 discrimination.
95	95	9 (9) Acting in accordance with the constitutional
96	96	10 values of fairness, equity, and opportunity for all, the
97	97	11 Legislature recognizes that continuing to enforce a
98	98	12 Eurocentric image of professionalism through purportedly
99	99	13 race-neutral grooming policies that disparately impact Black
100	100	14 individuals and exclude them from some workplaces is in direct
101	101	15 opposition to equity and opportunity for all.
102	102	16 Section 2. As used in Sections 3 through 5, the
103	103	17 following terms have the following meanings:
104	104	18 (1) EMPLOYER. Any person regularly employing five or
105	105	19 more individuals, or any person acting as an agent of an
106	106	20 employer, directly or indirectly, the state or any political
107	107	21 subdivision of the state. The term does not include a
108	108	22 religious association or a non profit corporation.
109	109	23 (2) HAIRSTYLE. The term includes, but is not limited
110	110	24 to, hairstyles such as braids, locks, twists, cornrows, afros,
111	111	25 bantu knots, and fades.
112	112	26 (3) HAIR TEXTURE. The visual or surface
113	113	27 characteristics and appearance of an individual's hair.
114	114	Page 4 1 (4) LABOR ORGANIZATION. Any organization that exists
115	115	2 for the purpose, in whole or in part, of collective bargaining
116	116	3 or of dealing with employers concerning grievances, terms or
117	117	4 conditions of employment, or other mutual aid or protection.
118	118	5 (5) NATIONAL ORIGIN. Being from a particular country
119	119	6 or part of the world or appearing to be of a certain ethnic
120	120	7 background.
121	121	8 (6) RACE OR ETHNICITY. The term includes ancestry,
122	122	9 color, ethnic group identification, ethnic background, and
123	123	10 traits historically associated with race, including, but not
124	124	11 limited to, hair texture and protective hairstyles.
125	125	12 Section 3. It is an unlawful employment practice for
126	126	13 an employer, employment agency, or labor organization,
127	127	14 including on-the-job training programs, to fail or refuse to
128	128	15 hire, to discharge any individual, or to otherwise
129	129	16 discriminate against an individual, based on the individual's
130	130	17 hair texture or hairstyle, if that hair texture or hairstyle
131	131	18 is commonly associated with a particular race, ethnicity, or
132	132	19 national origin.
133	133	20 Section 4. (a) An employer may not discriminate in
134	134	21 employment against, or take any adverse employment action
135	135	22 against, any individual because the individual has done any of
136	136	23 the following:
137	137	24 (1) Taken an action to enforce a protection afforded
138	138	25 any individual under Section 3.
139	139	26 (2) Testified or otherwise made a statement in or in
140	140	27 connection with any proceeding under Section 3.
141	141	Page 5 1 (3) Assisted or otherwise participated in an
142	142	2 investigation under Section 3.
143	143	3 (4) Exercised a right provided for under this
144	144	4 section.
145	145	5 (b) An employer shall be deemed to have engaged in
146	146	6 an action prohibited under subsection (a) if the individual's
147	147	7 race or ethnicity is a motivating factor in the employer's
148	148	8 action, unless the employer can prove that there was a
149	149	9 legitimate, non-discriminatory reason for the adverse
150	150	10 employment action.
151	151	11 (c) Unless the employer can prove that there was a
152	152	12 legitimate, non-discriminatory reason for the adverse
153	153	13 employment action, the employer shall be deemed to have
154	154	14 engaged in discriminatory action under subsection (a).
155	155	15 Section 5. (a) Any individual whose rights under
156	156	16 Section 4 have been violated by an employer may bring a cause
157	157	17 of action against the employer.
158	158	18 (b) In any action filed under this section, the
159	159	19 court may award relief and require the employer to do any one
160	160	20 or more of the following:
161	161	21 (1) Refrain from engaging discriminatory action in
162	162	22 compliance with Section 3.
163	163	23 (2) Compensate the individual for any loss of wages
164	164	24 or benefits suffered by reason of the employer's failure to
165	165	25 comply with Section 3.
166	166	26 (3) Pay the individual liquidated damages in an
167	167	27 amount equal to the amount of lost wages or benefits suffered
168	168	Page 6 1 by reason of the employer's failure to comply with Section 3,
169	169	2 if the court determines that the employer's failure to comply
170	170	3 was willful.
171	171	4 (c) No fees or court costs may be charged or taxed
172	172	5 against any individual claiming a right under Section 3.
173	173	6 (d) If an individual who obtained private counsel to
174	174	7 bring an action or proceeding under Section 3 prevails in the
175	175	8 action or proceeding, the court may award the individual
176	176	9 reasonable attorney fees, expert witness fees, and other
177	177	10 litigation expenses.
178	178	11 Section 6. An individual may not be excluded from
179	179	12 participation in, be denied the benefits of, or be subjected
180	180	13 to discrimination under any program or activity receiving
181	181	14 state or federal financial assistance, based on the
182	182	15 individual's hair texture or hairstyle, as defined in Section
183	183	16 2, if that hair texture or that hairstyle is commonly
184	184	17 associated with a particular race or national origin.
185	185	18 Section 7. An individual may not be subjected to a
186	186	19 discriminatory housing practice based on the individual's hair
187	187	20 texture or hairstyle, as defined in Section 2, if that hair
188	188	21 texture or that hairstyle is commonly associated with a
189	189	22 particular race or national origin.
190	190	23 Section 8. This act shall become effective on the
191	191	24 first day of the third month following its passage and
192	192	25 approval by the Governor, or its otherwise becoming law.
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