HB139INTRODUCED
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HB139
77DSEE2-1
By Representative Hollis
RFD: Judiciary
First Read: 04-Feb-25
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5 77DSEE2-1 09/05/2024 ANS (L)bm 2024-2418
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First Read: 04-Feb-25
SYNOPSIS:
Under existing state law, it is unlawful for any
person to discriminate against an individual because of
his or her race, color, religion, sex, or national
origin with respect to housing.
Under existing state law, it is also unlawful
for an employer to pay an employee at wage rates less
than those paid to employees of another race or sex for
substantially similar work.
Under existing state law, it is unlawful for an
employer, employment agency, or labor organization to
discriminate against a worker 40 years of age or over
in hiring, job retention, compensation, or other terms
or conditions of employment.
This bill would make it unlawful for a person to
deny any individual full and equal enjoyment of public
accommodations based upon certain protected classes.
This bill would also make it unlawful for a
local school board to discriminate against any
individual based upon certain protected classes.
This bill would make it unlawful for an employer
or employment agency to discriminate against any
individual based upon certain protected classes.
This bill would make it unlawful for a labor
organization to exclude or expel from its membership,
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organization to exclude or expel from its membership,
or otherwise to discriminate against, any individual
based upon certain protected classes.
This bill would also create a state cause of
action against an employer, employment agency, or labor
organization that discriminates against any individual
based upon certain protected classes.
A BILL
TO BE ENTITLED
AN ACT
Relating to discrimination; to make it unlawful for a
person to deny any individual full and equal enjoyment of
public accommodations based upon certain protected classes; to
make it unlawful for a local school board to discriminate
against any individual based upon certain protected classes;
to make it unlawful for an employer or employment agency to
discriminate against any individual based upon certain
protected classes; to make it unlawful for a labor
organization to exclude or expel from its membership, or
otherwise discriminate against, any individual based upon
certain protected classes; and to create a state cause of
action against an employer, employment agency, or labor
organization that discriminates against any individual based
upon certain protected classes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) As used in this section, the following
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Section 1. (a) As used in this section, the following
terms have the following meanings:
(1) PLACE OF PUBLIC ACCOMMODATION, RESORT, or
AMUSEMENT. Any place, store, or other establishment, either
licensed or unlicensed, which supplies goods or services to
the general public or which solicits or accepts the patronage
or trade of the general public or which is supported directly
or indirectly by government funds.
(2) RELIGIOUS ORGANIZATION. An organization whose main
purpose is to study or advance religion. The term does not
include any organization that teaches or advocates hatred or
superiority based on race or ethnicity.
(b) It is unlawful for a person to deny any individual
the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations of a
place of public accommodation, resort, or amusement on the
basis of race, as defined in Section 3, religion, sex, age,
disability, or national origin.
(c) A place of public accommodation, resort, or
amusement does not include any of the following:
(1) A private club whose policies are determined by its
members and its facilities or whose services are available
only to its members and their bona fide guests.
(2) A rooming or boarding house containing not more
than one room for rent or hire and which is within a building
occupied by the proprietor as his or her residence.
(3) A religious organization and its activities and
facilities if compliance with this section would be
inconsistent with the religious tenets of the organization.
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inconsistent with the religious tenets of the organization.
Section 2. It is unlawful for a local school board to
discriminate against any individual on the basis of race, as
defined in Section 3, sex, disability, or national origin.
Section 3. (a) As used in this section, "race" means
ancestry, color, ethnic group identification, and ethnic
background and traits historically associated with race,
including, but not limited to, skin complexion, hair texture,
and protective hairstyles, including, but not limited to,
braids, locks, and twists.
(b) It shall be an unlawful employment practice for an
employer to fail or refuse to hire or to discharge any
individual or to otherwise discriminate against any individual
with respect to his or her terms, conditions, or benefits of
employment because of his or her race, religion, sex, age,
disability, or national origin.
(c) It shall be an unlawful employment practice for an
employment agency to fail or refuse to refer for employment or
otherwise to discriminate against any individual because of
his or her race, religion, sex, age, disability, or national
origin or to classify or refer for employment any individual
on the basis of his or her race, religion, sex, age,
disability, or national origin.
(d) It shall be an unlawful employment practice for a
labor organization to exclude or to expel from its membership
or otherwise to discriminate against any individual because of
his or her race, religion, sex, age, disability, or national
origin.
(e) An employer, employment agency, or labor
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(e) An employer, employment agency, or labor
organization shall be deemed to have engaged in an action
prohibited under this section if the individual's race,
religion, sex, age, disability, or national origin was a
motivating factor in the action, unless the employer,
employment agency, or labor organization can prove that there
was a legitimate, nondiscriminatory reason for the action.
(f) An employer, employment agency, or labor
organization may not take any adverse employment action or
otherwise discriminate against any individual because the
individual has done any of the following:
(1) Taken an action to enforce a protection afforded
any individual under this section.
(2) Testified or otherwise made a statement in or in
connection with any proceeding under this section.
(3) Assisted or otherwise participated in an
investigation under this section.
(4) Exercised a right provided for under this section.
(g) An employer, employment agency, or labor
organization shall be deemed to have engaged in an action
prohibited under subsection (f) if the individual's action to
enforce a protection afforded any individual under this
section, testimony or making of a statement in connection with
any proceeding under this section, assistance or other
participation in an investigation under this section, or
exercise of a right provided for under this section is a
motivating factor in the action, unless the employer,
employment agency, or labor organization can prove that there
was a legitimate, nondiscriminatory reason for the action.
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was a legitimate, nondiscriminatory reason for the action.
Section 4. (a) Any individual whose rights under
Section 3 have been violated by an employer, employment
agency, or labor organization may bring a cause of action
against the employer, employment agency, or labor
organization.
(b) In any action filed under this section, the court
may award relief and require the employer, employment agency,
or labor organization to do any one or more of the following:
(1) Comply with Section 3.
(2) Compensate the individual for any loss of wages or
benefits suffered by reason of a failure to comply with
Section 3.
(3) Pay the individual punitive damages by reason of a
failure to comply with Section 3, if the court determines that
the failure to comply was willful.
(c) No fees or court costs may be assessed against any
individual who brings a cause of action under subsection (a).
(d) If an individual who obtained private counsel to
bring an action or proceeding under subsection (a) prevails in
the action or proceeding, the court may award the individual
reasonable attorney fees, expert witness fees, court costs,
and other litigation expenses.
Section 5. This act shall become effective on October
1, 2025.
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