Georgia 2025-2026 Regular Session

Georgia House Bill HB135 Compare Versions

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11 25 LC 50 0977ER
22 House Bill 135
33 By: Representatives Schofield of the 63
44 rd
55 , Hugley of the 141
66 st
77 , Burnough of the 77
88 th
99 , Davis
1010 of the 87
1111 th
1212 , Bell of the 75
1313 th
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Code Section 8-3-201 of the Official Code of Georgia Annotated, Article 1 of
1818 1
1919 Chapter 1 of Title 20 of the Official Code of Georgia Annotated, Chapter 1 of Title 34 of the2
2020 Official Code of Georgia Annotated, and Article 2 of Chapter 19 of Title 45 of the Official3
2121 Code of Georgia Annotated, relating to definitions relative to fair housing, general provisions4
2222 regarding education, general provisions regarding labor and industrial relations, and fair5
2323 employment practices, respectively, so as to prohibit discrimination based on hairstyles6
2424 associated with race, color, or national origin; to provide for definitions; to provide for a civil7
2525 cause of action; to provide for related matters; to repeal conflicting laws; and for other8
2626 purposes.9
2727 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
2828 SECTION 1.11
2929 Code Section 8-3-201 of the Official Code of Georgia Annotated, relating to definitions12
3030 relative to fair housing, is amended by adding new paragraphs and revising paragraphs (13),13
3131 (14), and (15) as follows:14
3232 "(13) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,
3333 15
3434 twists, or other textured hairstyles.16
3535 H. B. 135
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3737 (14) 'Race' includes traits associated with race, color, or national origin, including, but17
3838 not limited to, hair texture and protective hairstyles.18
3939 (13)(15) 'Respondent' means:19
4040 (A) The person or other entity or the state or local government or agency accused in20
4141 a complaint of an unfair housing practice; and21
4242 (B) Any other person or entity identified in the course of an investigation and notified22
4343 as required with respect to respondents so identified under subsection (d) of Code23
4444 Section 8-3-207.24
4545 (14)(16) 'State' means the State of Georgia.25
4646 (15)(17) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a26
4747 consideration the right to occupy premises not owned by the occupant."27
4848 SECTION 2.28
4949 Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to29
5050 general provisions regarding education, is amended by adding a new Code section to read30
5151 as follows:31
5252 "20-1-12.32
5353 (a) As used in this Code section, the term:33
5454 (1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,34
5555 restriction, segregation, limitation, refusal, denial, or any other act or practice of35
5656 differentiation or preference in the treatment of a person or persons because of race,36
5757 color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,37
5858 coercing, or compelling of such an act or practice. This term shall not include any direct38
5959 or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,39
6060 refusal, denial, or any other act or practice of differentiation or preference in the treatment40
6161 of a person or persons because of religion if an educational institution demonstrates that41
6262 H. B. 135
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6464 it is unable to accommodate reasonably an individual's religious observance or practice42
6565 without undue hardship on the conduct of the educational institution's operation.43
6666 (2) 'Protective hairstyle' means braids, locs, twists, or other textured hairdressing44
6767 associated with an individual's race, color, or national origin.45
6868 (3) 'Race' includes traits associated with race, color, or national origin, including, but not46
6969 limited to, hair texture and protective hairstyles.47
7070 (b) No individual shall be subjected to discrimination on the basis of such individual's race48
7171 due to a protective hairstyle in any program or activity conducted by an educational49
7272 institution that receives, or benefits from, state financial assistance, or enrolls pupils who50
7373 receive state student financial aid."51
7474 SECTION 3.52
7575 Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general53
7676 provisions regarding labor and industrial relations, is amended by adding a new Code section54
7777 to read as follows:55
7878 "34-1-11.56
7979 (a) As used in this Code section, the term:57
8080 (1) 'Discrimination' means any direct or indirect act or practice of exclusion, distinction,58
8181 restriction, segregation, limitation, refusal, denial, or any other act or practice of59
8282 differentiation or preference in the treatment of a person or persons because of race,60
8383 color, religion, national origin, sex, handicap, or age or the aiding, abetting, inciting,61
8484 coercing, or compelling of such an act or practice. This term shall not include any direct62
8585 or indirect act or practice of exclusion, distinction, restriction, segregation, limitation,63
8686 refusal, denial, or any other act or practice of differentiation or preference in the treatment64
8787 of a person or persons because of religion if an employer demonstrates that the employer65
8888 is unable to accommodate reasonably an employee's or prospective employee's religious66
8989 H. B. 135
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9191 observance or practice without undue hardship on the conduct of the employer's67
9292 operation.68
9393 (2) 'Employer' means any individual or entity that employs one or more employees.69
9494 (3) 'Protective hairstyle' means braids, locs, twists, or other natural, textured hairdressing70
9595 associated with an individual's race, color, or national origin.71
9696 (4) 'Race' includes traits associated with race, color, or national origin, including, but not72
9797 limited to, hair texture and protective hairstyles.73
9898 (b) No employer shall fail or refuse to hire nor shall any employer discharge or74
9999 discriminate against any individual with respect to wages, rates of pay, hours, or other75
100100 terms and conditions of employment because of such individual's race due to a protective76
101101 hairstyle unless such protective hairstyle restricts such individual's ability to engage in the77
102102 particular job or occupation for which he or she is eligible.78
103103 (c) Any individual who is aggrieved by an alleged violation of this Code section may79
104104 institute a civil action against the persons engaged in such alleged violation. Such action80
105105 may be maintained in any court of competent jurisdiction and shall be commenced no later81
106106 than one year after the alleged violation occurred. The court may grant as relief, as it82
107107 deems appropriate, any permanent or temporary injunction, temporary restraining order,83
108108 or other order, including, but not limited to, the hiring or reinstatement of the plaintiff to84
109109 such individual's original position or an equivalent position, back pay, court costs, and85
110110 reasonable attorneys' fees."86
111111 SECTION 4.87
112112 Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair88
113113 employment practices, is amended by revising paragraph (6) of and adding new paragraphs89
114114 to Code Section 45-19-22, relating to definitions related to the "Fair Employment Practices90
115115 Act of 1978," to read as follows:91
116116 H. B. 135
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118118 "(5.1) 'Labor organization' means an organization of any kind; agents of such92
119119 organization; an agency or employee representation committee, group, association, or93
120120 plan in which employees participate and which exists for the purpose, in whole or in part,94
121121 of dealing with employers concerning grievances, labor disputes, wages, rates of pay,95
122122 hours, or other terms or conditions of employment; or a conference, general committee,96
123123 joint or system board, or joint council so engaged which is subordinate to a national or97
124124 international labor organization.98
125125 (5.2) 'Protective hairstyles' includes, but is not limited to, such hairstyles as braids, locs,99
126126 and twists.100
127127 (6) 'Public employer' or 'employer' means any department, board, bureau, commission,101
128128 authority, or other agency of the state, or labor organization which employs 15 or more102
129129 employees within the state for each working day in each of 20 or more calendar weeks103
130130 in the current or preceding calendar year. A person elected to public office in this state104
131131 is a public employer with respect to persons holding positions or individuals applying for105
132132 positions which are subject to the state system of personnel administration created by106
133133 Chapter 20 of this title, including the rules and regulations promulgated by the State107
134134 Personnel Board or any personnel merit system of any agency or authority of this state. 108
135135 A person elected to public office in this state is not a public employer with respect to109
136136 persons holding positions or individuals applying for positions on such officer's personal110
137137 staff or on the policy-making level or as immediate advisers with respect to the exercise111
138138 of the constitutional or legal powers of the office held by such officer."112
139139 "(7.1) 'Race' is inclusive of traits associated with race, color, or national origin, including,113
140140 but not limited to, hair texture, hair type, and protective hairstyles."114
141141 SECTION 5.115
142142 All laws and parts of laws in conflict with this Act are repealed.116
143143 H. B. 135
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