Georgia 2023-2024 Regular Session

Georgia House Bill HB432 Compare Versions

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

Old	New	Differences
1	1	23 LC 50 0512ER
2	2	H. B. 432
3	3	- 1 -
4	4	House Bill 432
5	5	By: Representatives Schofield of the 63
6	6	rd
7	7	, Clark of the 108
8	8	th
9	9	, Beverly of the 143
10	10	rd
11	11	, Carter of
12	12	the 93
13	13	rd
14	14	, Cannon of the 58
15	15	th
16	16	, and others
17	17	A BILL TO BE ENTITLED
18	18	AN ACT
19	19	To amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of
20	20	1
21	21	Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the2
22	22	Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official3
23	23	Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions4
24	24	regarding education, general provisions regarding labor and industrial relations, and fair5
25	25	employment practices, respectively, so as to prohibit discrimination based on hairstyles6
26	26	associated with race, color, or national origin; to provide for definitions; to provide for a civil7
27	27	cause of action; to provide for related matters; to repeal conflicting laws; and for other8
28	28	purposes.9
29	29	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
30	30	SECTION 1.11
31	31	Code Section 8-3-201 of the Official Code of Georgia Annotated, relating to definitions12
32	32	relative to fair housing, is amended by adding new paragraphs and revising paragraphs (13),13
33	33	(14), and (15) as follows:14
34	34	"(13) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,
35	35	15
36	36	twists, or other textured hairstyles.16 23 LC 50 0512ER
37	37	H. B. 432
38	38	- 2 -
39	39	(14) 'Race' includes traits associated with race, color, or national origin, including, but17
40	40	not limited to, hair texture and protective hairstyles.18
41	41	(13)(15) 'Respondent' means:19
42	42	(A) The person or other entity or the state or local government or agency accused in20
43	43	a complaint of an unfair housing practice; and21
44	44	(B) Any other person or entity identified in the course of an investigation and notified22
45	45	as required with respect to respondents so identified under subsection (d) of Code23
46	46	Section 8-3-207.24
47	47	(14)(16) 'State' means the State of Georgia.25
48	48	(15)(17) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a26
49	49	consideration the right to occupy premises not owned by the occupant."27
50	50	SECTION 2.28
51	51	Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to29
52	52	general provisions regarding education, is amended by adding a new Code section to read30
53	53	as follows:31
54	54	"20-1-12.32
55	55	(a) As used in this Code section, the term:33
56	56	(1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,34
57	57	restriction, segregation, limitation, refusal, denial, or any other act or practice of35
58	58	differentiation or preference in the treatment of a person or persons because of race,36
59	59	color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,37
60	60	coercing, or compelling of such an act or practice. This term shall not include any direct38
61	61	or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,39
62	62	refusal, denial, or any other act or practice of differentiation or preference in the treatment40
63	63	of a person or persons because of religion if an educational institution demonstrates that41 23 LC 50 0512ER
64	64	H. B. 432
65	65	- 3 -
66	66	it is unable to accommodate reasonably an individual's religious observance or practice42
67	67	without undue hardship on the conduct of the educational institution's operation.43
68	68	(2) 'Protective hairstyle' means braids, locs, twists, or other textured hairdressing44
69	69	associated with an individual's race, color, or national origin.45
70	70	(3) 'Race' includes traits associated with race, color, or national origin, including, but not46
71	71	limited to, hair texture and protective hairstyles.47
72	72	(b) No individual shall be subjected to discrimination on the basis of such individual's race48
73	73	due to a protective hairstyle in any program or activity conducted by an educational49
74	74	institution that receives, or benefits from, state financial assistance, or enrolls pupils who50
75	75	receive state student financial aid."51
76	76	SECTION 3.52
77	77	Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general53
78	78	provisions regarding labor and industrial relations, is amended by adding a new Code section54
79	79	to read as follows:55
80	80	"34-1-11.56
81	81	(a) As used in this Code section, the term:57
82	82	(1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,58
83	83	restriction, segregation, limitation, refusal, denial, or any other act or practice of59
84	84	differentiation or preference in the treatment of a person or persons because of race,60
85	85	color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,61
86	86	coercing, or compelling of such an act or practice. This term shall not include any direct62
87	87	or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,63
88	88	refusal, denial, or any other act or practice of differentiation or preference in the treatment64
89	89	of a person or persons because of religion if an employer demonstrates that the employer65
90	90	is unable to accommodate reasonably an employee's or prospective employee's religious66 23 LC 50 0512ER
91	91	H. B. 432
92	92	- 4 -
93	93	observance or practice without undue hardship on the conduct of the employer's67
94	94	operation.68
95	95	(2) 'Employer' means any individual or entity that employs one or more employees.69
96	96	(3) 'Protective hairstyle' means braids, locs, twists, or other natural, textured hairdressing70
97	97	associated with an individual's race, color, or national origin.71
98	98	(4) 'Race' includes traits associated with race, color, or national origin, including, but not72
99	99	limited to, hair texture and protective hairstyles.73
100	100	(b) No employer shall fail or refuse to hire nor shall any employer discharge or74
101	101	discriminate against any individual with respect to wages, rates of pay, hours, or other75
102	102	terms and conditions of employment because of such individual's race due to a protective76
103	103	hairstyle unless such protective hairstyle restricts such individual's ability to engage in the77
104	104	particular job or occupation for which he or she is eligible.78
105	105	(c) Any individual who is aggrieved by an alleged violation of this Code section may79
106	106	institute a civil action against the persons engaged in such alleged violation. Such action80
107	107	may be maintained in any court of competent jurisdiction and shall be commenced no later81
108	108	than one year after the alleged violation occurred. The court may grant as relief, as it82
109	109	deems appropriate, any permanent or temporary injunction, temporary restraining order,83
110	110	or other order, including, but not limited to, the hiring or reinstatement of the plaintiff to84
111	111	such individual's original position or an equivalent position, back pay, court costs, and85
112	112	reasonable attorneys' fees."86
113	113	SECTION 4.87
114	114	Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair88
115	115	employment practices, is amended by revising Code Section 45-19-22, relating to definitions89
116	116	related to the "Fair Employment Practices Act of 1978," as follows:90 23 LC 50 0512ER
117	117	H. B. 432
118	118	- 5 -
119	119	"45-19-22.
120	120	91
121	121	As used in this article, the term:92
122	122	(1) 'Administrator' means the administrator of the Commission on Equal Opportunity93
123	123	provided for by Code Section 45-19-24, which agency is composed of an Equal94
124	124	Employment Division and a Fair Housing Division.95
125	125	(2) 'Board' means the Board of Commissioners of the Commission on Equal Opportunity96
126	126	created by Code Section 45-19-23.97
127	127	(3) 'Disability' means a physical or mental impairment which substantially limits one or98
128	128	more of a person's major life activities, unless an employer demonstrates that the99
129	129	employer is unable to accommodate reasonably to an employee's or prospective100
130	130	employee's disability without undue hardship on the conduct of the employer's operation.101
131	131	(4) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,102
132	132	restriction, segregation, limitation, refusal, denial, or any other act or practice of103
133	133	differentiation or preference in the treatment of a person or persons because of race,104
134	134	color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,105
135	135	coercing, or compelling of such an act or practice. This term shall not include any direct106
136	136	or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,107
137	137	refusal, denial, or any other act or practice of differentiation or preference in the treatment108
138	138	of a person or persons because of religion if an employer demonstrates that the employer109
139	139	is unable to accommodate reasonably an employee's or prospective employee's religious110
140	140	observance or practice without undue hardship on the conduct of the employer's111
141	141	operation.112
142	142	(4.1) 'Labor organization' means an organization of any kind; agents of such
143	143	113
144	144	organization; an agency or employee representation committee, group, association, or114
145	145	plan in which employees participate and which exists for the purpose, in whole or in part,115
146	146	of dealing with employers concerning grievances, labor disputes, wages, rates of pay,116
147	147	hours, or other terms or conditions of employment; or a conference, general committee,117 23 LC 50 0512ER
148	148	H. B. 432
149	149	- 6 -
150	150	joint or system board, or joint council so engaged which is subordinate to a national or118
151	151	international labor organization.119
152	152	(4.2) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,120
153	153	and twists.121
154	154	(5) 'Public employer' or 'employer' means any department, board, bureau, commission,122
155	155	authority, or other agency of the state, or labor organization which employs 15 or more123
156	156	employees within the state for each working day in each of 20 or more calendar weeks124
157	157	in the current or preceding calendar year. A person elected to public office in this state125
158	158	is a public employer with respect to persons holding positions or individuals applying for126
159	159	positions which are subject to the state system of personnel administration created by127
160	160	Chapter 20 of this title, including the rules and regulations promulgated by the State128
161	161	Personnel Board or any personnel merit system of any agency or authority of this state.129
162	162	A person elected to public office in this state is not a public employer with respect to130
163	163	persons holding positions or individuals applying for positions on such officer's personal131
164	164	staff or on the policy-making level or as immediate advisers with respect to the exercise132
165	165	of the constitutional or legal powers of the office held by such officer.133
166	166	(6) 'Public employment' means employment by any department, board, bureau,134
167	167	commission, authority, or other agency of the State of Georgia.135
168	168	(6.1) 'Race' is inclusive of traits associated with race, color, or national origin, including,136
169	169	but not limited to, hair texture, hair type, and protective hairstyles.137
170	170	(7) 'Religion' means all aspects of religious observance and practice as well as belief.138
171	171	(8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in139
172	172	Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."140
173	173	SECTION 5.141
174	174	All laws and parts of laws in conflict with this Act are repealed.142