Rhode Island 2023 Regular Session

Rhode Island House Bill H5924 Compare Versions

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

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5	5	2023 -- H 5924
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7	7	LC001896
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
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14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE CIVIL RIGHTS ACT OF
16	16	1990 -- THE CROWN ACT
17	17	Introduced By: Representatives Henries, Morales, Alzate, Tanzi, Stewart, Cruz, Hull,
18	18	Potter, Speakman, and Giraldo
19	19	Date Introduced: March 01, 2023
20	20	Referred To: House Judiciary
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Legislative findings. 1
25	25	The general assembly finds and declares that: 2
26	26	(1) The history of our nation is riddled with laws and societal norms that equated 3
27	27	"blackness," and the associated physical traits, for example, dark skin, kinky and curly hair to a 4
28	28	badge of inferiority, sometimes subject to separate and unequal treatment. 5
29	29	(2) This idea also permeated societal understanding of professionalism. Professionalism 6
30	30	was, and still is, closely linked to European features and mannerisms, which entails that those who 7
31	31	do not naturally fall into Eurocentric norms must alter their appearances, sometimes drastically and 8
32	32	permanently, in order to be deemed professional. 9
33	33	(3) Despite the great strides American society and laws have made to reverse the racist 10
34	34	ideology that Black traits are inferior, hair remains a rampant source of racial discrimination with 11
35	35	serious economic and health consequences, especially for Black individuals. 12
36	36	(4) Workplace dress code and grooming policies that prohibit natural hair, including afros, 13
37	37	braids, twists, and locks, have a disparate impact on Black individuals as these policies are more 14
38	38	likely to deter Black applicants and burden or punish Black employees than any other group. 15
39	39	(5) Federal courts accept that Title VII of the Civil Rights Act of 1964 prohibits 16
40	40	discrimination based on race, and therefore, protects against discrimination against afros. However, 17
41	41	the courts do not understand that afros are not the only natural presentation of Black hair. Black 18
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45	45	hair can also be naturally presented in braids, twists, and locks. 1
46	46	(6) In a society in which hair has historically been one of many determining factors of a 2
47	47	person’s race, and whether they were a second-class citizen, hair today remains a proxy for race. 3
48	48	Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination. 4
49	49	(7) Racial discrimination is reflected in school and workplace policies and practices that 5
50	50	bar natural or protective hairstyles commonly worn by people of African descent, as well as people 6
51	51	of Jewish, Latinx, or Native American descent. 7
52	52	(8) The state should acknowledge that people who have hair texture or wear a hairstyle that 8
53	53	is historically and contemporarily associated with persons of African, Jewish, Latinx, or Native 9
54	54	American descent systematically suffer harmful discrimination in schools, workplaces, and other 10
55	55	contexts based upon longstanding race stereotypes and biases. 11
56	56	(9) Clear, consistent, and enforceable legal standards must be provided to redress the 12
57	57	widespread incidences of race discrimination based upon hair texture, hair type, and protective 13
58	58	hairstyles in schools, workplaces, housing, places of public accommodations, and other contexts. 14
59	59	(10) It is necessary to prohibit and provide remedies for the harms suffered as a result of 15
60	60	race discrimination on the basis of hair texture, hair type, and protective hairstyles. 16
61	61	(11) Acting in accordance with the constitutional values of fairness, equity, and opportunity 17
62	62	for all, the general assembly recognizes that continuing to enforce a Eurocentric image of 18
63	63	professionalism through purportedly race-neutral grooming policies that disparately impact Black 19
64	64	individuals and exclude them from some workplaces is in direct opposition to equity and 20
65	65	opportunity for all. 21
66	66	SECTION 2. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil 22
67	67	Rights Act of 1990" is hereby amended to read as follows: 23
68	68	42-112-1. Discrimination prohibited. 24
69	69	(a) All persons within the state, regardless of race, color, religion, sex, disability, age, or 25
70	70	country of ancestral origin, have, except as is otherwise provided or permitted by law, the same 26
71	71	rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and 27
72	72	personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and 28
73	73	proceedings for the security of persons and property, and are subject to like punishment, pains, 29
74	74	penalties, taxes, licenses, and exactions of every kind, and to no other. 30
75	75	(b) For the purposes of this section, the right to “make and enforce contracts, to inherit, 31
76	76	purchase, to lease, sell, hold, and convey real and personal property” includes the making, 32
77	77	performance, modification and termination of contracts and rights concerning real or personal 33
78	78	property, and the enjoyment of all benefits, terms, and conditions of the contractual and other 34
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82	82	relationships. 1
83	83	(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, 2
84	84	chapter 5.1 of title 28 or any other remedial programs designed to address past societal 3
85	85	discrimination. 4
86	86	(d) For the purposes of this section, the terms “sex” and “age” have the same meaning as 5
87	87	those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” 6
88	88	has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons 7
89	89	with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” 8
90	90	“reasonable modification,” and “undue hardship” shall have the same meaning as those terms are 9
91	91	defined in § 42-87-1.1. 10
92	92	(e) For the purposes of this section, the terms "race or ethnicity" includes ancestry, color, 11
93	93	ethnic group identification, and ethnic background as well as the inclusion of traits historically 12
94	94	associated with race, including, but not limited to, hair texture, hair type and protective hairstyles 13
95	95	that are commonly or historically associated with race and including, but not limited to, such 14
96	96	hairstyles as braids, locks, twists, tight coils or curls, cornrows, Bantu knots, Afros, and head wraps. 15
97	97	SECTION 3. This act shall take effect upon passage. 16
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104	104	EXPLANATION
105	105	BY THE LEGISLATIVE COUNCIL
106	106	OF
107	107	A N A C T
108	108	RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE CIVIL RIGHTS ACT OF
109	109	1990 -- THE CROWN ACT
110	110	***
111	111	This act would further define the terms "race and ethnicity" to include ancestry, color, 1
112	112	ethnic group identification, and ethnic background and inclusive of traits historically associated 2
113	113	with race, including, but not limited to, hair texture and protective hairstyles. 3
114	114	This act would take effect upon passage. 4
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