24 LC 52 0452
House Bill 1208
By: Representatives Schofield of the 63
rd
, Beverly of the 143
rd
, Clark of the 108
th
, Hugley of
the 141
st
, Burnough of the 77
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 8, Chapter 1 of Title 20, Chapter 1 of Title 34, and Chapter 19
1
of Title 45 of the Official Code of Georgia Annotated, relating to housing generally, general2
provisions regarding education, general provisions regarding labor and industrial relations,3
and labor practices relative to public officers and employees, respectively, so as to prohibit4
discrimination based on natural, protective, or cultural hairstyles; to provide for definitions;5
to provide for dispute resolution; to provide for a short title; to provide for related matters;6
to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
This Act shall be known and may be cited as the "Creating a Respectful and Open World for10
Natural Hair Act" or "CROWN Act."11
SECTION 2.12
Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally,13
is amended in Code Section 8-3-201, relating to definitions regarding fair housing, by14
revising paragraphs (12) through (15) and adding a new paragraph to read as follows:15
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"(12) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,16
dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to17
protect hair texture or for cultural significance.18
(12)(13) 'Person' means one or more individuals, corporations, partnerships, associations,19
labor organizations, legal representatives, mutual companies, joint-stock companies,20
trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or21
fiduciaries.22
(13)(14) 'Respondent' means:23
(A) The person or other entity or the state or local government or agency accused in24
a complaint of an unfair housing practice; and25
(B) Any other person or entity identified in the course of an investigation and notified26
as required with respect to respondents so identified under subsection (d) of Code27
Section 8-3-207.28
(14)(15) 'State' means the State of Georgia.29
(15)(16) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a30
consideration the right to occupy premises not owned by the occupant."31
SECTION 3.32
Said chapter is further amended by adding a new Code section to read as follows:33
"8-3-204.1.34
The discriminatory housing practices, exemptions, procedures, and actions applicable to35
a person because of race, color, religion, sex, disability, family status, or national origin as36
provided for in this article shall apply equally to a person because of natural, protective,37
or cultural hairstyle; provided, however, that an aggrieved person alleging a dispute38
concerning a discriminatory housing practice because of natural, protective, or cultural39
hairstyle, instead of the procedures provided for in Code Section 8-3-217, may commence40
a civil action seeking mandatory mediation in an appropriate superior court not later than41
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two years after the conclusion of an administrative proceeding under this article or the42
breach of a conciliation agreement entered into under this article, whichever occurs last."43
SECTION 4.44
Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general45
provisions regarding education, is amended by adding a new Code section to read as follows:46
"20-1-12.47
(a) As used in this Code section, the term:48
(1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,49
restriction, segregation, limitation, refusal, denial, or any other act or practice of50
differentiation or preference in the treatment of a person or persons because of race,51
color, religion, national origin, sex, handicap, age, or natural, protective, or cultural52
hairstyle, or the aiding, abetting, inciting, coercing, or compelling of such an act or53
practice. This term shall not include any direct or indirect act or practice of exclusion,54
distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice55
of differentiation or preference in the treatment of a person or persons because of religion56
if an educational institution demonstrates that it is unable to accommodate reasonably an57
individual's religious observance or practice without undue hardship on the conduct of58
the educational institution's operation.59
(2) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,60
dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to61
protect hair texture or for cultural significance.62
(b) No individual shall be subjected to discrimination on the basis of such individual's race63
due to a natural, protective, or cultural hairstyle in any program or activity conducted by64
an educational institution that receives, or benefits from, state financial assistance, or65
enrolls pupils who receive state student financial aid.66
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(c) An aggrieved person alleging discrimination because of natural, protective, or cultural67
hairstyle as provided for in subsection (b) of this Code section may pursue any remedy68
through the complaint resolution process provided for in Code Section 20-1-11."69
SECTION 5.70
Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general71
provisions regarding labor and industrial relations, is amended by adding a new Code section72
to read as follows:73
"34-1-11.74
(a) As used in this Code section, the term:75
(1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,76
restriction, segregation, limitation, refusal, denial, or any other act or practice of77
differentiation or preference in the treatment of a person or persons because of race,78
color, religion, national origin, sex, handicap, age, or natural, protective, or cultural79
hairstyle, or the aiding, abetting, inciting, coercing, or compelling of such an act or80
practice. This term shall not include any direct or indirect act or practice of exclusion,81
distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice82
of differentiation or preference in the treatment of a person or persons because of religion83
if an employer demonstrates that the employer is unable to accommodate reasonably an84
employee's or prospective employee's religious observance or practice without undue85
hardship on the conduct of the employer's operation.86
(2) 'Employer' means any individual or entity that employs one or more employees.87
(3) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,88
dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to89
protect hair texture or for cultural significance.90
(b) No employer shall fail or refuse to hire nor shall any employer discharge or91
discriminate against any individual with respect to wages, rates of pay, hours, or other92
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terms and conditions of employment because of such individual's natural, protective, or93
cultural hairstyle unless such natural, protective, or cultural hairstyle restricts such94
individual's ability to engage in the particular job or occupation for which he or she is95
eligible; provided, however, that such individual complies with subsection (a) of Code96
Section 26-2-373.1.97
(c) An aggrieved person alleging discrimination because of natural, protective, or cultural98
hairstyle as provided for in subsection (b) of this Code section may commence a civil99
action seeking mandatory mediation in an appropriate superior court not later than two100
years after such discrimination."101
SECTION 6.102
Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices103
relative to public officers and employees, is amended by revising Code Section 45-19-22,104
relating to definitions related to the "Fair Employment Practices Act of 1978," as follows:105
"45-19-22.106
As used in this article, the term:107
(1) 'Administrator' means the administrator of the Commission on Equal Opportunity108
provided for by Code Section 45-19-24, which agency is composed of an Equal109
Employment Division and a Fair Housing Division.110
(2) 'Board' means the Board of Commissioners of the Commission on Equal Opportunity111
created by Code Section 45-19-23.112
(3) 'Disability' means a physical or mental impairment which substantially limits one or113
more of a person's major life activities, unless an employer demonstrates that the114
employer is unable to accommodate reasonably to an employee's or prospective115
employee's disability without undue hardship on the conduct of the employer's operation.116
(4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,117
restriction, segregation, limitation, refusal, denial, or any other act or practice of118
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differentiation or preference in the treatment of a person or persons because of race,
119
color, religion, national origin, sex, handicap, or
age, or natural, protective, or cultural120
hairstyle, or the aiding, abetting, inciting, coercing, or compelling of such an act or121
practice. This term shall not include any direct or indirect act or practice of exclusion,122
distinction, restriction, segregation, limitation, refusal, denial, or any other act or practice123
of differentiation or preference in the treatment of a person or persons because of religion124
if an employer demonstrates that the employer is unable to accommodate reasonably an125
employee's or prospective employee's religious observance or practice without undue126
hardship on the conduct of the employer's operation.127
(4.1) 'Labor organization' means an organization of any kind; agents of such128
organization; an agency or employee representation committee, group, association, or129
plan in which employees participate and which exists for the purpose, in whole or in part,130
of dealing with employers concerning grievances, labor disputes, wages, rates of pay,131
hours, or other terms or conditions of employment; or a conference, general committee,132
joint or system board, or joint council so engaged which is subordinate to a national or133
international labor organization.134
(4.2) 'Natural, protective, or cultural hairstyle' includes but shall not be limited to afros,135
dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to136
protect hair texture or for cultural significance.137
(5) 'Public employer' or 'employer' means any department, board, bureau, commission,138
authority, or other agency of the state, or labor organization which employs 15 or more139
employees within the state for each working day in each of 20 or more calendar weeks140
in the current or preceding calendar year. A person elected to public office in this state141
is a public employer with respect to persons holding positions or individuals applying for142
positions which are subject to the state system of personnel administration created by143
Chapter 20 of this title, including the rules and regulations promulgated by the State144
Personnel Board or any personnel merit system of any agency or authority of this state. 145
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A person elected to public office in this state is not a public employer with respect to
146
persons holding positions or individuals applying for positions on such officer's personal147
staff or on the policy-making level or as immediate advisers with respect to the exercise148
of the constitutional or legal powers of the office held by such officer.149
(6) 'Public employment' means employment by any department, board, bureau,150
commission, authority, or other agency of the State of Georgia.151
(7) 'Religion' means all aspects of religious observance and practice as well as belief.152
(8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in153
Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."154
SECTION 7.155
Said chapter is further amended by adding a new Code section to read as follows:156
"45-19-31.1.
157
The discriminatory labor practices, exemptions, procedures, and actions applicable to a158
person because of race, color, religion, sex, disability, family status, or national origin as159
provided for in this article shall apply equally to a person because of natural, protective,160
or cultural hairstyle; provided, however, that an aggrieved person alleging discrimination161
because of natural, protective, or cultural hairstyle may commence a civil action seeking162
mandatory mediation in an appropriate superior court not later than two years after the163
alleged discrimination."164
SECTION 8.165
All laws and parts of laws in conflict with this Act are repealed.166
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