Indiana 2024 Regular Session

Indiana House Bill HB1124 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1124
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-18-2; IC 21-7-13; IC 22-9-1-3.
7	7	Synopsis: Prohibition of race based hair discrimination. Prohibits race
8	8	discrimination based on traits historically associated with race, such as
9	9	hair texture and protective hairstyles.
10	10	Effective: July 1, 2024.
11	11	Summers
12	12	January 8, 2024, read first time and referred to Committee on Education.
13	13	2024 IN 1124—LS 6382/DI 149 Introduced
14	14	Second Regular Session of the 123rd General Assembly (2024)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2023 Regular Session of the General Assembly.
24	24	HOUSE BILL No. 1124
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	education.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 20-18-2-14.5 IS ADDED TO THE INDIANA
29	29	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
30	30	3 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. "Protective hairstyles"
31	31	4 includes such hairstyles as braids, locks, and twists, as well as hair
32	32	5 that is tightly curled or coiled.
33	33	6 SECTION 2. IC 20-18-2-15.3 IS ADDED TO THE INDIANA
34	34	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
35	35	8 [EFFECTIVE JULY 1, 2024]: Sec. 15.3. "Race", for purposes of this
36	36	9 title (except IC 20-19-3-17, IC 20-19-3-18, IC 20-26-18-6,
37	37	10 IC 20-30-5-23, IC 20-34-6-1, IC 20-46-1-8, IC 20-46-9-6, and
38	38	11 IC 20-51.4-5-3), includes traits historically associated with race,
39	39	12 such as hair texture and protective hairstyles.
40	40	13 SECTION 3. IC 21-7-13-27.5 IS ADDED TO THE INDIANA
41	41	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
42	42	15 [EFFECTIVE JULY 1, 2024]: Sec. 27.5. "Protective hairstyles"
43	43	16 includes such hairstyles as braids, locks, and twists, as well as hair
44	44	17 that is tightly curled or coiled.
45	45	2024 IN 1124—LS 6382/DI 149 2
46	46	1 SECTION 4. IC 21-7-13-28.5 IS ADDED TO THE INDIANA
47	47	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
48	48	3 [EFFECTIVE JULY 1, 2024]: Sec. 28.5. "Race" includes traits
49	49	4 historically associated with race, such as hair texture and
50	50	5 protective hairstyles.
51	51	6 SECTION 5. IC 22-9-1-3, AS AMENDED BY P.L.213-2016,
52	52	7 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
53	53	8 JULY 1, 2024]: Sec. 3. As used in this chapter:
54	54	9 (a) "Person" means one (1) or more individuals, partnerships,
55	55	10 associations, organizations, limited liability companies, corporations,
56	56	11 labor organizations, cooperatives, legal representatives, trustees,
57	57	12 trustees in bankruptcy, receivers, and other organized groups of
58	58	13 persons.
59	59	14 (b) "Commission" means the civil rights commission created under
60	60	15 section 4 of this chapter.
61	61	16 (c) "Director" means the director of the civil rights commission.
62	62	17 (d) "Deputy director" means the deputy director of the civil rights
63	63	18 commission.
64	64	19 (e) "Commission attorney" means the deputy attorney general, such
65	65	20 assistants of the attorney general as may be assigned to the
66	66	21 commission, or such other attorney as may be engaged by the
67	67	22 commission.
68	68	23 (f) "Consent agreement" means a formal agreement entered into in
69	69	24 lieu of adjudication.
70	70	25 (g) "Affirmative action" means those acts that the commission
71	71	26 determines necessary to assure compliance with the Indiana civil rights
72	72	27 law.
73	73	28 (h) "Employer" means the state or any political or civil subdivision
74	74	29 thereof and any person employing six (6) or more persons within the
75	75	30 state, except that the term "employer" does not include:
76	76	31 (1) any nonprofit corporation or association organized exclusively
77	77	32 for fraternal or religious purposes;
78	78	33 (2) any school, educational, or charitable religious institution
79	79	34 owned or conducted by or affiliated with a church or religious
80	80	35 institution; or
81	81	36 (3) any exclusively social club, corporation, or association that is
82	82	37 not organized for profit.
83	83	38 (i) "Employee" means any person employed by another for wages or
84	84	39 salary. However, the term does not include any individual employed:
85	85	40 (1) by the individual's parents, spouse, or child; or
86	86	41 (2) in the domestic service of any person.
87	87	42 (j) "Labor organization" means any organization that exists for the
88	88	2024 IN 1124—LS 6382/DI 149 3
89	89	1 purpose in whole or in part of collective bargaining or of dealing with
90	90	2 employers concerning grievances, terms, or conditions of employment
91	91	3 or for other mutual aid or protection in relation to employment.
92	92	4 (k) "Employment agency" means any person undertaking with or
93	93	5 without compensation to procure, recruit, refer, or place employees.
94	94	6 (l) "Discriminatory practice" means:
95	95	7 (1) the exclusion of a person from equal opportunities because of
96	96	8 race, religion, color, sex, disability, national origin, ancestry, or
97	97	9 status as a veteran;
98	98	10 (2) a system that excludes persons from equal opportunities
99	99	11 because of race, religion, color, sex, disability, national origin,
100	100	12 ancestry, or status as a veteran;
101	101	13 (3) the promotion of racial segregation or separation in any
102	102	14 manner, including but not limited to the inducing of or the
103	103	15 attempting to induce for profit any person to sell or rent any
104	104	16 dwelling by representations regarding the entry or prospective
105	105	17 entry in the neighborhood of a person or persons of a particular
106	106	18 race, religion, color, sex, disability, national origin, or ancestry;
107	107	19 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
108	108	20 committed by a covered entity (as defined in IC 22-9-5-4);
109	109	21 (5) the performance of an abortion solely because of the race,
110	110	22 color, sex, disability, national origin, or ancestry of the fetus; or
111	111	23 (6) a violation of any of the following statutes protecting the right
112	112	24 of conscience regarding abortion:
113	113	25 (A) IC 16-34-1-4.
114	114	26 (B) IC 16-34-1-5.
115	115	27 (C) IC 16-34-1-6.
116	116	28 Every discriminatory practice relating to the acquisition or sale of real
117	117	29 estate, education, public accommodations, employment, or the
118	118	30 extending of credit (as defined in IC 24-4.5-1-301.5) shall be
119	119	31 considered unlawful unless it is specifically exempted by this chapter.
120	120	32 (m) "Public accommodation" means any establishment that caters
121	121	33 or offers its services or facilities or goods to the general public.
122	122	34 (n) "Complainant" means:
123	123	35 (1) any individual charging on the individual's own behalf to have
124	124	36 been personally aggrieved by a discriminatory practice; or
125	125	37 (2) the director or deputy director of the commission charging that
126	126	38 a discriminatory practice was committed against a person (other
127	127	39 than the director or deputy director) or a class of people, in order
128	128	40 to vindicate the public policy of the state (as defined in section 2
129	129	41 of this chapter).
130	130	42 (o) "Complaint" means any written grievance that is:
131	131	2024 IN 1124—LS 6382/DI 149 4
132	132	1 (1) sufficiently complete and filed by a complainant with the
133	133	2 commission; or
134	134	3 (2) filed by a complainant as a civil action in the circuit or
135	135	4 superior court having jurisdiction in the county in which the
136	136	5 alleged discriminatory practice occurred.
137	137	6 The original of any complaint filed under subdivision (1) shall be
138	138	7 signed and verified by the complainant.
139	139	8 (p) "Sufficiently complete" refers to a complaint that includes:
140	140	9 (1) the full name and address of the complainant;
141	141	10 (2) the name and address of the respondent against whom the
142	142	11 complaint is made;
143	143	12 (3) the alleged discriminatory practice and a statement of
144	144	13 particulars thereof;
145	145	14 (4) the date or dates and places of the alleged discriminatory
146	146	15 practice and if the alleged discriminatory practice is of a
147	147	16 continuing nature the dates between which continuing acts of
148	148	17 discrimination are alleged to have occurred; and
149	149	18 (5) a statement as to any other action, civil or criminal, instituted
150	150	19 in any other form based upon the same grievance alleged in the
151	151	20 complaint, together with a statement as to the status or disposition
152	152	21 of the other action.
153	153	22 No complaint shall be valid unless filed within one hundred eighty
154	154	23 (180) days from the date of the occurrence of the alleged
155	155	24 discriminatory practice.
156	156	25 (q) "Sex" as it applies to segregation or separation in this chapter
157	157	26 applies to all types of employment, education, public accommodations,
158	158	27 and housing. However:
159	159	28 (1) it shall not be a discriminatory practice to maintain separate
160	160	29 restrooms;
161	161	30 (2) it shall not be an unlawful employment practice for an
162	162	31 employer to hire and employ employees, for an employment
163	163	32 agency to classify or refer for employment any individual, for a
164	164	33 labor organization to classify its membership or to classify or refer
165	165	34 for employment any individual, or for an employer, labor
166	166	35 organization, or joint labor management committee controlling
167	167	36 apprenticeship or other training or retraining programs to admit
168	168	37 or employ any other individual in any program on the basis of sex
169	169	38 in those certain instances where sex is a bona fide occupational
170	170	39 qualification reasonably necessary to the normal operation of that
171	171	40 particular business or enterprise; and
172	172	41 (3) it shall not be a discriminatory practice for a private or
173	173	42 religious educational institution to continue to maintain and
174	174	2024 IN 1124—LS 6382/DI 149 5
175	175	1 enforce a policy of admitting students of one (1) sex only.
176	176	2 (r) "Disabled" or "disability" means the physical or mental condition
177	177	3 of a person that constitutes a substantial disability. In reference to
178	178	4 employment under this chapter, "disabled or disability" also means the
179	179	5 physical or mental condition of a person that constitutes a substantial
180	180	6 disability unrelated to the person's ability to engage in a particular
181	181	7 occupation.
182	182	8 (s) "Veteran" means:
183	183	9 (1) a veteran of the armed forces of the United States;
184	184	10 (2) a member of the Indiana National Guard; or
185	185	11 (3) a member of a reserve component.
186	186	12 (t) "Protective hairstyles" includes such hairstyles as braids,
187	187	13 locks, and twists, as well as hair that is tightly curled or coiled.
188	188	14 (u) "Race" includes traits historically associated with race, such
189	189	15 as hair texture and protective hairstyles.
190	190	2024 IN 1124—LS 6382/DI 149