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H. B. 432
- 1 -
House Bill 432
By: Representatives Schofield of the 63
rd
, Clark of the 108
th
, Beverly of the 143
rd
, Carter of
the 93
rd
, Cannon of the 58
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of
1
Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the2
Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official3
Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions4
regarding education, general provisions regarding labor and industrial relations, and fair5
employment practices, respectively, so as to prohibit discrimination based on hairstyles6
associated with race, color, or national origin; to provide for definitions; to provide for a civil7
cause of action; to provide for related matters; to repeal conflicting laws; and for other8
purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Code Section 8-3-201 of the Official Code of Georgia Annotated, relating to definitions12
relative to fair housing, is amended by adding new paragraphs and revising paragraphs (13),13
(14), and (15) as follows:14
"(13) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,
15
twists, or other textured hairstyles.16 23 LC 50 0512ER
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(14) 'Race' includes traits associated with race, color, or national origin, including, but17
not limited to, hair texture and protective hairstyles.18
(13)(15) 'Respondent' means:19
(A) The person or other entity or the state or local government or agency accused in20
a complaint of an unfair housing practice; and21
(B) Any other person or entity identified in the course of an investigation and notified22
as required with respect to respondents so identified under subsection (d) of Code23
Section 8-3-207.24
(14)(16) 'State' means the State of Georgia.25
(15)(17) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a26
consideration the right to occupy premises not owned by the occupant."27
SECTION 2.28
Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to29
general provisions regarding education, is amended by adding a new Code section to read30
as follows:31
"20-1-12.32
(a) As used in this Code section, the term:33
(1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,34
restriction, segregation, limitation, refusal, denial, or any other act or practice of35
differentiation or preference in the treatment of a person or persons because of race,36
color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,37
coercing, or compelling of such an act or practice. This term shall not include any direct38
or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,39
refusal, denial, or any other act or practice of differentiation or preference in the treatment40
of a person or persons because of religion if an educational institution demonstrates that41 23 LC 50 0512ER
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it is unable to accommodate reasonably an individual's religious observance or practice42
without undue hardship on the conduct of the educational institution's operation.43
(2) 'Protective hairstyle' means braids, locs, twists, or other textured hairdressing44
associated with an individual's race, color, or national origin.45
(3) 'Race' includes traits associated with race, color, or national origin, including, but not46
limited to, hair texture and protective hairstyles.47
(b) No individual shall be subjected to discrimination on the basis of such individual's race48
due to a protective hairstyle in any program or activity conducted by an educational49
institution that receives, or benefits from, state financial assistance, or enrolls pupils who50
receive state student financial aid."51
SECTION 3.52
Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general53
provisions regarding labor and industrial relations, is amended by adding a new Code section54
to read as follows:55
"34-1-11.56
(a) As used in this Code section, the term:57
(1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,58
restriction, segregation, limitation, refusal, denial, or any other act or practice of59
differentiation or preference in the treatment of a person or persons because of race,60
color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,61
coercing, or compelling of such an act or practice. This term shall not include any direct62
or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,63
refusal, denial, or any other act or practice of differentiation or preference in the treatment64
of a person or persons because of religion if an employer demonstrates that the employer65
is unable to accommodate reasonably an employee's or prospective employee's religious66 23 LC 50 0512ER
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observance or practice without undue hardship on the conduct of the employer's67
operation.68
(2) 'Employer' means any individual or entity that employs one or more employees.69
(3) 'Protective hairstyle' means braids, locs, twists, or other natural, textured hairdressing70
associated with an individual's race, color, or national origin.71
(4) 'Race' includes traits associated with race, color, or national origin, including, but not72
limited to, hair texture and protective hairstyles.73
(b) No employer shall fail or refuse to hire nor shall any employer discharge or74
discriminate against any individual with respect to wages, rates of pay, hours, or other75
terms and conditions of employment because of such individual's race due to a protective76
hairstyle unless such protective hairstyle restricts such individual's ability to engage in the77
particular job or occupation for which he or she is eligible.78
(c) Any individual who is aggrieved by an alleged violation of this Code section may79
institute a civil action against the persons engaged in such alleged violation. Such action80
may be maintained in any court of competent jurisdiction and shall be commenced no later81
than one year after the alleged violation occurred. The court may grant as relief, as it82
deems appropriate, any permanent or temporary injunction, temporary restraining order,83
or other order, including, but not limited to, the hiring or reinstatement of the plaintiff to84
such individual's original position or an equivalent position, back pay, court costs, and85
reasonable attorneys' fees."86
SECTION 4.87
Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair88
employment practices, is amended by revising Code Section 45-19-22, relating to definitions89
related to the "Fair Employment Practices Act of 1978," as follows:90 23 LC 50 0512ER
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"45-19-22.
91
As used in this article, the term:92
(1) 'Administrator' means the administrator of the Commission on Equal Opportunity93
provided for by Code Section 45-19-24, which agency is composed of an Equal94
Employment Division and a Fair Housing Division.95
(2) 'Board' means the Board of Commissioners of the Commission on Equal Opportunity96
created by Code Section 45-19-23.97
(3) 'Disability' means a physical or mental impairment which substantially limits one or98
more of a person's major life activities, unless an employer demonstrates that the99
employer is unable to accommodate reasonably to an employee's or prospective100
employee's disability without undue hardship on the conduct of the employer's operation.101
(4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,102
restriction, segregation, limitation, refusal, denial, or any other act or practice of103
differentiation or preference in the treatment of a person or persons because of race,104
color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,105
coercing, or compelling of such an act or practice. This term shall not include any direct106
or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,107
refusal, denial, or any other act or practice of differentiation or preference in the treatment108
of a person or persons because of religion if an employer demonstrates that the employer109
is unable to accommodate reasonably an employee's or prospective employee's religious110
observance or practice without undue hardship on the conduct of the employer's111
operation.112
(4.1) 'Labor organization' means an organization of any kind; agents of such
113
organization; an agency or employee representation committee, group, association, or114
plan in which employees participate and which exists for the purpose, in whole or in part,115
of dealing with employers concerning grievances, labor disputes, wages, rates of pay,116
hours, or other terms or conditions of employment; or a conference, general committee,117 23 LC 50 0512ER
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joint or system board, or joint council so engaged which is subordinate to a national or118
international labor organization.119
(4.2) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,120
and twists.121
(5) 'Public employer' or 'employer' means any department, board, bureau, commission,122
authority, or other agency of the state, or labor organization which employs 15 or more123
employees within the state for each working day in each of 20 or more calendar weeks124
in the current or preceding calendar year. A person elected to public office in this state125
is a public employer with respect to persons holding positions or individuals applying for126
positions which are subject to the state system of personnel administration created by127
Chapter 20 of this title, including the rules and regulations promulgated by the State128
Personnel Board or any personnel merit system of any agency or authority of this state.129
A person elected to public office in this state is not a public employer with respect to130
persons holding positions or individuals applying for positions on such officer's personal131
staff or on the policy-making level or as immediate advisers with respect to the exercise132
of the constitutional or legal powers of the office held by such officer.133
(6) 'Public employment' means employment by any department, board, bureau,134
commission, authority, or other agency of the State of Georgia.135
(6.1) 'Race' is inclusive of traits associated with race, color, or national origin, including,136
but not limited to, hair texture, hair type, and protective hairstyles.137
(7) 'Religion' means all aspects of religious observance and practice as well as belief.138
(8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in139
Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."140
SECTION 5.141
All laws and parts of laws in conflict with this Act are repealed.142