GA
Georgia House Bill HB1208

Georgia 2023-2024 Regular Session

Georgia House Bill HB1208 Compare Versions

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11 24 LC 52 0452
22 House Bill 1208
33 By: Representatives Schofield of the 63
44 rd
55 , Beverly of the 143
66 rd
77 , Clark of the 108
88 th
99 , Hugley of
1010 the 141
1111 st
1212 , Burnough of the 77
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Chapter 3 of Title 8, Chapter 1 of Title 20, Chapter 1 of Title 34, and Chapter 19
1818 1
1919 of Title 45 of the Official Code of Georgia Annotated, relating to housing generally, general2
2020 provisions regarding education, general provisions regarding labor and industrial relations,3
2121 and labor practices relative to public officers and employees, respectively, so as to prohibit4
2222 discrimination based on natural, protective, or cultural hairstyles; to provide for definitions;5
2323 to provide for dispute resolution; to provide for a short title; to provide for related matters;6
2424 to repeal conflicting laws; and for other purposes.7
2525 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
2626 SECTION 1.9
2727 This Act shall be known and may be cited as the "Creating a Respectful and Open World for10
2828 Natural Hair Act" or "CROWN Act."11
2929 SECTION 2.12
3030 Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally,13
3131 is amended in Code Section 8-3-201, relating to definitions regarding fair housing, by14
3232 revising paragraphs (12) through (15) and adding a new paragraph to read as follows:15
3333 H. B. 1208
3434 - 1 - 24 LC 52 0452
3535 "(12) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,16
3636 dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to17
3737 protect hair texture or for cultural significance.18
3838 (12)(13) 'Person' means one or more individuals, corporations, partnerships, associations,19
3939 labor organizations, legal representatives, mutual companies, joint-stock companies,20
4040 trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or21
4141 fiduciaries.22
4242 (13)(14) 'Respondent' means:23
4343 (A) The person or other entity or the state or local government or agency accused in24
4444 a complaint of an unfair housing practice; and25
4545 (B) Any other person or entity identified in the course of an investigation and notified26
4646 as required with respect to respondents so identified under subsection (d) of Code27
4747 Section 8-3-207.28
4848 (14)(15) 'State' means the State of Georgia.29
4949 (15)(16) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a30
5050 consideration the right to occupy premises not owned by the occupant."31
5151 SECTION 3.32
5252 Said chapter is further amended by adding a new Code section to read as follows:33
5353 "8-3-204.1.34
5454 The discriminatory housing practices, exemptions, procedures, and actions applicable to35
5555 a person because of race, color, religion, sex, disability, family status, or national origin as36
5656 provided for in this article shall apply equally to a person because of natural, protective,37
5757 or cultural hairstyle; provided, however, that an aggrieved person alleging a dispute38
5858 concerning a discriminatory housing practice because of natural, protective, or cultural39
5959 hairstyle, instead of the procedures provided for in Code Section 8-3-217, may commence40
6060 a civil action seeking mandatory mediation in an appropriate superior court not later than41
6161 H. B. 1208
6262 - 2 - 24 LC 52 0452
6363 two years after the conclusion of an administrative proceeding under this article or the42
6464 breach of a conciliation agreement entered into under this article, whichever occurs last."43
6565 SECTION 4.44
6666 Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general45
6767 provisions regarding education, is amended by adding a new Code section to read as follows:46
6868 "20-1-12.47
6969 (a) As used in this Code section, the term:48
7070 (1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,49
7171 restriction, segregation, limitation, refusal, denial, or any other act or practice of50
7272 differentiation or preference in the treatment of a person or persons because of race,51
7373 color, religion, national origin, sex, handicap, age, or natural, protective, or cultural52
7474 hairstyle, or the aiding, abetting, inciting, coercing, or compelling of such an act or53
7575 practice. This term shall not include any direct or indirect act or practice of exclusion,54
7676 distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice55
7777 of differentiation or preference in the treatment of a person or persons because of religion56
7878 if an educational institution demonstrates that it is unable to accommodate reasonably an57
7979 individual's religious observance or practice without undue hardship on the conduct of58
8080 the educational institution's operation.59
8181 (2) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,60
8282 dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to61
8383 protect hair texture or for cultural significance.62
8484 (b) No individual shall be subjected to discrimination on the basis of such individual's race63
8585 due to a natural, protective, or cultural hairstyle in any program or activity conducted by64
8686 an educational institution that receives, or benefits from, state financial assistance, or65
8787 enrolls pupils who receive state student financial aid.66
8888 H. B. 1208
8989 - 3 - 24 LC 52 0452
9090 (c) An aggrieved person alleging discrimination because of natural, protective, or cultural67
9191 hairstyle as provided for in subsection (b) of this Code section may pursue any remedy68
9292 through the complaint resolution process provided for in Code Section 20-1-11."69
9393 SECTION 5.70
9494 Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general71
9595 provisions regarding labor and industrial relations, is amended by adding a new Code section72
9696 to read as follows:73
9797 "34-1-11.74
9898 (a) As used in this Code section, the term:75
9999 (1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,76
100100 restriction, segregation, limitation, refusal, denial, or any other act or practice of77
101101 differentiation or preference in the treatment of a person or persons because of race,78
102102 color, religion, national origin, sex, handicap, age, or natural, protective, or cultural79
103103 hairstyle, or the aiding, abetting, inciting, coercing, or compelling of such an act or80
104104 practice. This term shall not include any direct or indirect act or practice of exclusion,81
105105 distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice82
106106 of differentiation or preference in the treatment of a person or persons because of religion83
107107 if an employer demonstrates that the employer is unable to accommodate reasonably an84
108108 employee's or prospective employee's religious observance or practice without undue85
109109 hardship on the conduct of the employer's operation.86
110110 (2) 'Employer' means any individual or entity that employs one or more employees.87
111111 (3) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,88
112112 dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to89
113113 protect hair texture or for cultural significance.90
114114 (b) No employer shall fail or refuse to hire nor shall any employer discharge or91
115115 discriminate against any individual with respect to wages, rates of pay, hours, or other92
116116 H. B. 1208
117117 - 4 - 24 LC 52 0452
118118 terms and conditions of employment because of such individual's natural, protective, or93
119119 cultural hairstyle unless such natural, protective, or cultural hairstyle restricts such94
120120 individual's ability to engage in the particular job or occupation for which he or she is95
121121 eligible; provided, however, that such individual complies with subsection (a) of Code96
122122 Section 26-2-373.1.97
123123 (c) An aggrieved person alleging discrimination because of natural, protective, or cultural98
124124 hairstyle as provided for in subsection (b) of this Code section may commence a civil99
125125 action seeking mandatory mediation in an appropriate superior court not later than two100
126126 years after such discrimination."101
127127 SECTION 6.102
128128 Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices103
129129 relative to public officers and employees, is amended by revising Code Section 45-19-22,104
130130 relating to definitions related to the "Fair Employment Practices Act of 1978," as follows:105
131131 "45-19-22.106
132132 As used in this article, the term:107
133133 (1) 'Administrator' means the administrator of the Commission on Equal Opportunity108
134134 provided for by Code Section 45-19-24, which agency is composed of an Equal109
135135 Employment Division and a Fair Housing Division.110
136136 (2) 'Board' means the Board of Commissioners of the Commission on Equal Opportunity111
137137 created by Code Section 45-19-23.112
138138 (3) 'Disability' means a physical or mental impairment which substantially limits one or113
139139 more of a person's major life activities, unless an employer demonstrates that the114
140140 employer is unable to accommodate reasonably to an employee's or prospective115
141141 employee's disability without undue hardship on the conduct of the employer's operation.116
142142 (4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,117
143143 restriction, segregation, limitation, refusal, denial, or any other act or practice of118
144144 H. B. 1208
145145 - 5 - 24 LC 52 0452
146146 differentiation or preference in the treatment of a person or persons because of race,
147147 119
148148 color, religion, national origin, sex, handicap, or
149149 age, or natural, protective, or cultural120
150150 hairstyle, or the aiding, abetting, inciting, coercing, or compelling of such an act or121
151151 practice. This term shall not include any direct or indirect act or practice of exclusion,122
152152 distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice123
153153 of differentiation or preference in the treatment of a person or persons because of religion124
154154 if an employer demonstrates that the employer is unable to accommodate reasonably an125
155155 employee's or prospective employee's religious observance or practice without undue126
156156 hardship on the conduct of the employer's operation.127
157157 (4.1) 'Labor organization' means an organization of any kind; agents of such128
158158 organization; an agency or employee representation committee, group, association, or129
159159 plan in which employees participate and which exists for the purpose, in whole or in part,130
160160 of dealing with employers concerning grievances, labor disputes, wages, rates of pay,131
161161 hours, or other terms or conditions of employment; or a conference, general committee,132
162162 joint or system board, or joint council so engaged which is subordinate to a national or133
163163 international labor organization.134
164164 (4.2) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,135
165165 dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to136
166166 protect hair texture or for cultural significance.137
167167 (5) 'Public employer' or 'employer' means any department, board, bureau, commission,138
168168 authority, or other agency of the state, or labor organization which employs 15 or more139
169169 employees within the state for each working day in each of 20 or more calendar weeks140
170170 in the current or preceding calendar year. A person elected to public office in this state141
171171 is a public employer with respect to persons holding positions or individuals applying for142
172172 positions which are subject to the state system of personnel administration created by143
173173 Chapter 20 of this title, including the rules and regulations promulgated by the State144
174174 Personnel Board or any personnel merit system of any agency or authority of this state. 145
175175 H. B. 1208
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177177 A person elected to public office in this state is not a public employer with respect to
178178 146
179179 persons holding positions or individuals applying for positions on such officer's personal147
180180 staff or on the policy-making level or as immediate advisers with respect to the exercise148
181181 of the constitutional or legal powers of the office held by such officer.149
182182 (6) 'Public employment' means employment by any department, board, bureau,150
183183 commission, authority, or other agency of the State of Georgia.151
184184 (7) 'Religion' means all aspects of religious observance and practice as well as belief.152
185185 (8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in153
186186 Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."154
187187 SECTION 7.155
188188 Said chapter is further amended by adding a new Code section to read as follows:156
189189 "45-19-31.1.
190190 157
191191 The discriminatory labor practices, exemptions, procedures, and actions applicable to a158
192192 person because of race, color, religion, sex, disability, family status, or national origin as159
193193 provided for in this article shall apply equally to a person because of natural, protective,160
194194 or cultural hairstyle; provided, however, that an aggrieved person alleging discrimination161
195195 because of natural, protective, or cultural hairstyle may commence a civil action seeking162
196196 mandatory mediation in an appropriate superior court not later than two years after the163
197197 alleged discrimination."164
198198 SECTION 8.165
199199 All laws and parts of laws in conflict with this Act are repealed.166
200200 H. B. 1208
201201 - 7 -