Creating a private cause of action for discrimination based on hairstyles relative to a person's ethnicity.
If enacted, HB 1169 would significantly alter the legal landscape regarding workplace discrimination and educational equity in New Hampshire. The bill specifies that individuals facing discrimination over their protective hairstyles can take legal action without being subject to the jurisdiction of the human rights commission. This represents a shift, allowing for private litigation as a means to seek remedies for grievances. By including specific protections for hairstyle in the definition of discrimination, the bill aims to adapt state laws to better reflect the diversity and cultural expressions within the community.
House Bill 1169 aims to create a private cause of action for individuals who experience discrimination based on their hairstyles, particularly those associated with a person's ethnicity. This bill proposes amendments to existing laws, specifically RSA 193:38, which covers discrimination in public schools, extending protections to include hair texture and styles like braids, locs, and curls. The objective is to ensure that students and employees are safeguarded against discriminatory practices related to their hairstyles, reinforcing the principle of equality within educational and employment settings.
Notably, there are points of contention surrounding HB 1169. Critics may argue that exempting these private causes of action from the jurisdiction of the human rights commission could lead to increased litigation, thereby complicating the legal landscape for employers and potentially creating a patchwork of legal standards. Concerns about implementation and enforcement by the Department of Labor, along with the implications for employers regarding civil penalties, have also been raised. Discussions hint that this could inadvertently encourage disputes and may put increased pressure on both educational institutions and businesses to navigate these new legal obligations carefully.