Alabama 2025 Regular Session

Alabama House Bill HB139 Compare Versions

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

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1	1	HB139INTRODUCED
2	2	Page 0
3	3	HB139
4	4	77DSEE2-1
5	5	By Representative Hollis
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
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12	12	5 77DSEE2-1 09/05/2024 ANS (L)bm 2024-2418
13	13	Page 1
14	14	First Read: 04-Feb-25
15	15	SYNOPSIS:
16	16	Under existing state law, it is unlawful for any
17	17	person to discriminate against an individual because of
18	18	his or her race, color, religion, sex, or national
19	19	origin with respect to housing.
20	20	Under existing state law, it is also unlawful
21	21	for an employer to pay an employee at wage rates less
22	22	than those paid to employees of another race or sex for
23	23	substantially similar work.
24	24	Under existing state law, it is unlawful for an
25	25	employer, employment agency, or labor organization to
26	26	discriminate against a worker 40 years of age or over
27	27	in hiring, job retention, compensation, or other terms
28	28	or conditions of employment.
29	29	This bill would make it unlawful for a person to
30	30	deny any individual full and equal enjoyment of public
31	31	accommodations based upon certain protected classes.
32	32	This bill would also make it unlawful for a
33	33	local school board to discriminate against any
34	34	individual based upon certain protected classes.
35	35	This bill would make it unlawful for an employer
36	36	or employment agency to discriminate against any
37	37	individual based upon certain protected classes.
38	38	This bill would make it unlawful for a labor
39	39	organization to exclude or expel from its membership,
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67	67	28 HB139 INTRODUCED
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69	69	organization to exclude or expel from its membership,
70	70	or otherwise to discriminate against, any individual
71	71	based upon certain protected classes.
72	72	This bill would also create a state cause of
73	73	action against an employer, employment agency, or labor
74	74	organization that discriminates against any individual
75	75	based upon certain protected classes.
76	76	A BILL
77	77	TO BE ENTITLED
78	78	AN ACT
79	79	Relating to discrimination; to make it unlawful for a
80	80	person to deny any individual full and equal enjoyment of
81	81	public accommodations based upon certain protected classes; to
82	82	make it unlawful for a local school board to discriminate
83	83	against any individual based upon certain protected classes;
84	84	to make it unlawful for an employer or employment agency to
85	85	discriminate against any individual based upon certain
86	86	protected classes; to make it unlawful for a labor
87	87	organization to exclude or expel from its membership, or
88	88	otherwise discriminate against, any individual based upon
89	89	certain protected classes; and to create a state cause of
90	90	action against an employer, employment agency, or labor
91	91	organization that discriminates against any individual based
92	92	upon certain protected classes.
93	93	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
94	94	Section 1. (a) As used in this section, the following
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124	124	Section 1. (a) As used in this section, the following
125	125	terms have the following meanings:
126	126	(1) PLACE OF PUBLIC ACCOMMODATION, RESORT, or
127	127	AMUSEMENT. Any place, store, or other establishment, either
128	128	licensed or unlicensed, which supplies goods or services to
129	129	the general public or which solicits or accepts the patronage
130	130	or trade of the general public or which is supported directly
131	131	or indirectly by government funds.
132	132	(2) RELIGIOUS ORGANIZATION. An organization whose main
133	133	purpose is to study or advance religion. The term does not
134	134	include any organization that teaches or advocates hatred or
135	135	superiority based on race or ethnicity.
136	136	(b) It is unlawful for a person to deny any individual
137	137	the full and equal enjoyment of the goods, services,
138	138	facilities, privileges, advantages, and accommodations of a
139	139	place of public accommodation, resort, or amusement on the
140	140	basis of race, as defined in Section 3, religion, sex, age,
141	141	disability, or national origin.
142	142	(c) A place of public accommodation, resort, or
143	143	amusement does not include any of the following:
144	144	(1) A private club whose policies are determined by its
145	145	members and its facilities or whose services are available
146	146	only to its members and their bona fide guests.
147	147	(2) A rooming or boarding house containing not more
148	148	than one room for rent or hire and which is within a building
149	149	occupied by the proprietor as his or her residence.
150	150	(3) A religious organization and its activities and
151	151	facilities if compliance with this section would be
152	152	inconsistent with the religious tenets of the organization.
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182	182	inconsistent with the religious tenets of the organization.
183	183	Section 2. It is unlawful for a local school board to
184	184	discriminate against any individual on the basis of race, as
185	185	defined in Section 3, sex, disability, or national origin.
186	186	Section 3. (a) As used in this section, "race" means
187	187	ancestry, color, ethnic group identification, and ethnic
188	188	background and traits historically associated with race,
189	189	including, but not limited to, skin complexion, hair texture,
190	190	and protective hairstyles, including, but not limited to,
191	191	braids, locks, and twists.
192	192	(b) It shall be an unlawful employment practice for an
193	193	employer to fail or refuse to hire or to discharge any
194	194	individual or to otherwise discriminate against any individual
195	195	with respect to his or her terms, conditions, or benefits of
196	196	employment because of his or her race, religion, sex, age,
197	197	disability, or national origin.
198	198	(c) It shall be an unlawful employment practice for an
199	199	employment agency to fail or refuse to refer for employment or
200	200	otherwise to discriminate against any individual because of
201	201	his or her race, religion, sex, age, disability, or national
202	202	origin or to classify or refer for employment any individual
203	203	on the basis of his or her race, religion, sex, age,
204	204	disability, or national origin.
205	205	(d) It shall be an unlawful employment practice for a
206	206	labor organization to exclude or to expel from its membership
207	207	or otherwise to discriminate against any individual because of
208	208	his or her race, religion, sex, age, disability, or national
209	209	origin.
210	210	(e) An employer, employment agency, or labor
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240	240	(e) An employer, employment agency, or labor
241	241	organization shall be deemed to have engaged in an action
242	242	prohibited under this section if the individual's race,
243	243	religion, sex, age, disability, or national origin was a
244	244	motivating factor in the action, unless the employer,
245	245	employment agency, or labor organization can prove that there
246	246	was a legitimate, nondiscriminatory reason for the action.
247	247	(f) An employer, employment agency, or labor
248	248	organization may not take any adverse employment action or
249	249	otherwise discriminate against any individual because the
250	250	individual has done any of the following:
251	251	(1) Taken an action to enforce a protection afforded
252	252	any individual under this section.
253	253	(2) Testified or otherwise made a statement in or in
254	254	connection with any proceeding under this section.
255	255	(3) Assisted or otherwise participated in an
256	256	investigation under this section.
257	257	(4) Exercised a right provided for under this section.
258	258	(g) An employer, employment agency, or labor
259	259	organization shall be deemed to have engaged in an action
260	260	prohibited under subsection (f) if the individual's action to
261	261	enforce a protection afforded any individual under this
262	262	section, testimony or making of a statement in connection with
263	263	any proceeding under this section, assistance or other
264	264	participation in an investigation under this section, or
265	265	exercise of a right provided for under this section is a
266	266	motivating factor in the action, unless the employer,
267	267	employment agency, or labor organization can prove that there
268	268	was a legitimate, nondiscriminatory reason for the action.
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298	298	was a legitimate, nondiscriminatory reason for the action.
299	299	Section 4. (a) Any individual whose rights under
300	300	Section 3 have been violated by an employer, employment
301	301	agency, or labor organization may bring a cause of action
302	302	against the employer, employment agency, or labor
303	303	organization.
304	304	(b) In any action filed under this section, the court
305	305	may award relief and require the employer, employment agency,
306	306	or labor organization to do any one or more of the following:
307	307	(1) Comply with Section 3.
308	308	(2) Compensate the individual for any loss of wages or
309	309	benefits suffered by reason of a failure to comply with
310	310	Section 3.
311	311	(3) Pay the individual punitive damages by reason of a
312	312	failure to comply with Section 3, if the court determines that
313	313	the failure to comply was willful.
314	314	(c) No fees or court costs may be assessed against any
315	315	individual who brings a cause of action under subsection (a).
316	316	(d) If an individual who obtained private counsel to
317	317	bring an action or proceeding under subsection (a) prevails in
318	318	the action or proceeding, the court may award the individual
319	319	reasonable attorney fees, expert witness fees, court costs,
320	320	and other litigation expenses.
321	321	Section 5. This act shall become effective on October
322	322	1, 2025.
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