Indiana 2024 Regular Session

Indiana Senate Bill SB0094 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 94
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	Qaddoura
12	12	January 8, 2024, read first time and referred to Committee on Education and Career
13	13	Development.
14	14	2024 IN 94—LS 6073/DI 149 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	SENATE BILL No. 94
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	education.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 20-18-2-14.5 IS ADDED TO THE INDIANA
30	30	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
31	31	3 [EFFECTIVE JULY 1, 2024]: Sec. 14.5. "Protective hairstyles"
32	32	4 includes such hairstyles as braids, locks, and twists, as well as hair
33	33	5 that is tightly curled or coiled.
34	34	6 SECTION 2. IC 20-18-2-15.3 IS ADDED TO THE INDIANA
35	35	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
36	36	8 [EFFECTIVE JULY 1, 2024]: Sec. 15.3. "Race", for purposes of this
37	37	9 title (except IC 20-19-3-17, IC 20-19-3-18, IC 20-26-18-6,
38	38	10 IC 20-30-5-23, IC 20-34-6-1, and IC 20-51.4-5-3), includes traits
39	39	11 historically associated with race, such as hair texture and
40	40	12 protective hairstyles.
41	41	13 SECTION 3. IC 21-7-13-27.5 IS ADDED TO THE INDIANA
42	42	14 CODE AS A NEW SECTION TO READ AS FOLLOWS
43	43	15 [EFFECTIVE JULY 1, 2024]: Sec. 27.5. "Protective hairstyles"
44	44	16 includes such hairstyles as braids, locks, and twists, as well as hair
45	45	17 that is tightly curled or coiled.
46	46	2024 IN 94—LS 6073/DI 149 2
47	47	1 SECTION 4. IC 21-7-13-28.5 IS ADDED TO THE INDIANA
48	48	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
49	49	3 [EFFECTIVE JULY 1, 2024]: Sec. 28.5. "Race" includes traits
50	50	4 historically associated with race, such as hair texture and
51	51	5 protective hairstyles.
52	52	6 SECTION 5. IC 22-9-1-3, AS AMENDED BY P.L.213-2016,
53	53	7 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
54	54	8 JULY 1, 2024]: Sec. 3. As used in this chapter:
55	55	9 (a) "Person" means one (1) or more individuals, partnerships,
56	56	10 associations, organizations, limited liability companies, corporations,
57	57	11 labor organizations, cooperatives, legal representatives, trustees,
58	58	12 trustees in bankruptcy, receivers, and other organized groups of
59	59	13 persons.
60	60	14 (b) "Commission" means the civil rights commission created under
61	61	15 section 4 of this chapter.
62	62	16 (c) "Director" means the director of the civil rights commission.
63	63	17 (d) "Deputy director" means the deputy director of the civil rights
64	64	18 commission.
65	65	19 (e) "Commission attorney" means the deputy attorney general, such
66	66	20 assistants of the attorney general as may be assigned to the
67	67	21 commission, or such other attorney as may be engaged by the
68	68	22 commission.
69	69	23 (f) "Consent agreement" means a formal agreement entered into in
70	70	24 lieu of adjudication.
71	71	25 (g) "Affirmative action" means those acts that the commission
72	72	26 determines necessary to assure compliance with the Indiana civil rights
73	73	27 law.
74	74	28 (h) "Employer" means the state or any political or civil subdivision
75	75	29 thereof and any person employing six (6) or more persons within the
76	76	30 state, except that the term "employer" does not include:
77	77	31 (1) any nonprofit corporation or association organized exclusively
78	78	32 for fraternal or religious purposes;
79	79	33 (2) any school, educational, or charitable religious institution
80	80	34 owned or conducted by or affiliated with a church or religious
81	81	35 institution; or
82	82	36 (3) any exclusively social club, corporation, or association that is
83	83	37 not organized for profit.
84	84	38 (i) "Employee" means any person employed by another for wages or
85	85	39 salary. However, the term does not include any individual employed:
86	86	40 (1) by the individual's parents, spouse, or child; or
87	87	41 (2) in the domestic service of any person.
88	88	42 (j) "Labor organization" means any organization that exists for the
89	89	2024 IN 94—LS 6073/DI 149 3
90	90	1 purpose in whole or in part of collective bargaining or of dealing with
91	91	2 employers concerning grievances, terms, or conditions of employment
92	92	3 or for other mutual aid or protection in relation to employment.
93	93	4 (k) "Employment agency" means any person undertaking with or
94	94	5 without compensation to procure, recruit, refer, or place employees.
95	95	6 (l) "Discriminatory practice" means:
96	96	7 (1) the exclusion of a person from equal opportunities because of
97	97	8 race, religion, color, sex, disability, national origin, ancestry, or
98	98	9 status as a veteran;
99	99	10 (2) a system that excludes persons from equal opportunities
100	100	11 because of race, religion, color, sex, disability, national origin,
101	101	12 ancestry, or status as a veteran;
102	102	13 (3) the promotion of racial segregation or separation in any
103	103	14 manner, including but not limited to the inducing of or the
104	104	15 attempting to induce for profit any person to sell or rent any
105	105	16 dwelling by representations regarding the entry or prospective
106	106	17 entry in the neighborhood of a person or persons of a particular
107	107	18 race, religion, color, sex, disability, national origin, or ancestry;
108	108	19 (4) a violation of IC 22-9-5 that occurs after July 25, 1992, and is
109	109	20 committed by a covered entity (as defined in IC 22-9-5-4);
110	110	21 (5) the performance of an abortion solely because of the race,
111	111	22 color, sex, disability, national origin, or ancestry of the fetus; or
112	112	23 (6) a violation of any of the following statutes protecting the right
113	113	24 of conscience regarding abortion:
114	114	25 (A) IC 16-34-1-4.
115	115	26 (B) IC 16-34-1-5.
116	116	27 (C) IC 16-34-1-6.
117	117	28 Every discriminatory practice relating to the acquisition or sale of real
118	118	29 estate, education, public accommodations, employment, or the
119	119	30 extending of credit (as defined in IC 24-4.5-1-301.5) shall be
120	120	31 considered unlawful unless it is specifically exempted by this chapter.
121	121	32 (m) "Public accommodation" means any establishment that caters
122	122	33 or offers its services or facilities or goods to the general public.
123	123	34 (n) "Complainant" means:
124	124	35 (1) any individual charging on the individual's own behalf to have
125	125	36 been personally aggrieved by a discriminatory practice; or
126	126	37 (2) the director or deputy director of the commission charging that
127	127	38 a discriminatory practice was committed against a person (other
128	128	39 than the director or deputy director) or a class of people, in order
129	129	40 to vindicate the public policy of the state (as defined in section 2
130	130	41 of this chapter).
131	131	42 (o) "Complaint" means any written grievance that is:
132	132	2024 IN 94—LS 6073/DI 149 4
133	133	1 (1) sufficiently complete and filed by a complainant with the
134	134	2 commission; or
135	135	3 (2) filed by a complainant as a civil action in the circuit or
136	136	4 superior court having jurisdiction in the county in which the
137	137	5 alleged discriminatory practice occurred.
138	138	6 The original of any complaint filed under subdivision (1) shall be
139	139	7 signed and verified by the complainant.
140	140	8 (p) "Sufficiently complete" refers to a complaint that includes:
141	141	9 (1) the full name and address of the complainant;
142	142	10 (2) the name and address of the respondent against whom the
143	143	11 complaint is made;
144	144	12 (3) the alleged discriminatory practice and a statement of
145	145	13 particulars thereof;
146	146	14 (4) the date or dates and places of the alleged discriminatory
147	147	15 practice and if the alleged discriminatory practice is of a
148	148	16 continuing nature the dates between which continuing acts of
149	149	17 discrimination are alleged to have occurred; and
150	150	18 (5) a statement as to any other action, civil or criminal, instituted
151	151	19 in any other form based upon the same grievance alleged in the
152	152	20 complaint, together with a statement as to the status or disposition
153	153	21 of the other action.
154	154	22 No complaint shall be valid unless filed within one hundred eighty
155	155	23 (180) days from the date of the occurrence of the alleged
156	156	24 discriminatory practice.
157	157	25 (q) "Sex" as it applies to segregation or separation in this chapter
158	158	26 applies to all types of employment, education, public accommodations,
159	159	27 and housing. However:
160	160	28 (1) it shall not be a discriminatory practice to maintain separate
161	161	29 restrooms;
162	162	30 (2) it shall not be an unlawful employment practice for an
163	163	31 employer to hire and employ employees, for an employment
164	164	32 agency to classify or refer for employment any individual, for a
165	165	33 labor organization to classify its membership or to classify or refer
166	166	34 for employment any individual, or for an employer, labor
167	167	35 organization, or joint labor management committee controlling
168	168	36 apprenticeship or other training or retraining programs to admit
169	169	37 or employ any other individual in any program on the basis of sex
170	170	38 in those certain instances where sex is a bona fide occupational
171	171	39 qualification reasonably necessary to the normal operation of that
172	172	40 particular business or enterprise; and
173	173	41 (3) it shall not be a discriminatory practice for a private or
174	174	42 religious educational institution to continue to maintain and
175	175	2024 IN 94—LS 6073/DI 149 5
176	176	1 enforce a policy of admitting students of one (1) sex only.
177	177	2 (r) "Disabled" or "disability" means the physical or mental condition
178	178	3 of a person that constitutes a substantial disability. In reference to
179	179	4 employment under this chapter, "disabled or disability" also means the
180	180	5 physical or mental condition of a person that constitutes a substantial
181	181	6 disability unrelated to the person's ability to engage in a particular
182	182	7 occupation.
183	183	8 (s) "Veteran" means:
184	184	9 (1) a veteran of the armed forces of the United States;
185	185	10 (2) a member of the Indiana National Guard; or
186	186	11 (3) a member of a reserve component.
187	187	12 (t) "Protective hairstyles" includes such hairstyles as braids,
188	188	13 locks, and twists, as well as hair that is tightly curled or coiled.
189	189	14 (u) "Race" includes traits historically associated with race, such
190	190	15 as hair texture and protective hairstyles.
191	191	2024 IN 94—LS 6073/DI 149