Rhode Island 2023 Regular Session

Rhode Island House Bill H6235 Compare Versions

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

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5	5	2023 -- H 6235
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7	7	LC002694
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- OFFENSES PERTAINING TO SCHOOLS
16	16	Introduced By: Representatives Henries, Felix, Hull, Alzate, Stewart, Morales, Cruz, J.
17	17	Lombardi, Kislak, and Cotter
18	18	Date Introduced: March 30, 2023
19	19	Referred To: House Education
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 16-38-1 of the General Laws in Chapter 16-38 entitled "Offenses 1
24	24	Pertaining to Schools [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is 2
25	25	hereby amended to read as follows: 3
26	26	16-38-1. Discrimination because of race or age. 4
27	27	(a) No person shall be excluded from any public school on account of race or color, or for 5
28	28	being over fifteen (15) years of age, nor except by force of some general regulation applicable to 6
29	29	all persons under the same circumstances. 7
30	30	(b) Discrimination on the basis of race is prohibited in all public elementary and secondary 8
31	31	schools in the state and in all schools operated by the council on elementary and secondary 9
32	32	education. This prohibition shall apply to employment practices, admissions, curricular programs, 10
33	33	extracurricular activities including athletics, counseling, and any and all other school functions and 11
34	34	activities. 12
35	35	(c) For purposes of this section, the term: 13
36	36	(1) "Protective hairstyles" means and includes, but is not limited to, such hairstyles as 14
37	37	braids, locks, and twists. 15
38	38	(2) "Race" means and includes traits historically associated with the race, including, but 16
39	39	not limited to, hair texture and protective hairstyles. 17
40	40	SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair 18
41	41	Employment Practices" is hereby amended to read as follows: 19
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45	45	28-5-6. Definitions. 1
46	46	When used in this chapter: 2
47	47	(1) “Age” means anyone who is at least forty (40) years of age. 3
48	48	(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or 4
49	49	on the basis of pregnancy, childbirth, or related medical conditions, and women affected by 5
50	50	pregnancy, childbirth, or related medical conditions shall be treated the same for all employment 6
51	51	related purposes, including receipt of benefits under fringe benefit programs, as other persons not 7
52	52	so affected but similar in their ability or inability to work, and nothing in this chapter shall be 8
53	53	interpreted to permit otherwise. 9
54	54	(3) “Commission” means the Rhode Island commission against discrimination created by 10
55	55	this chapter. 11
56	56	(4) “Conviction” means, for the purposes of this chapter only, any verdict or finding of 12
57	57	guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. 13
58	58	(5) “Disability” means a disability as defined in § 42-87-1. 14
59	59	(6) “Discriminate” includes segregate or separate. 15
60	60	(7) “Employee” does not include any individual employed by his or her parents, spouse, or 16
61	61	child, or in the domestic service of any person. 17
62	62	(8)(i) “Employer” includes the state and all political subdivisions of the state and any 18
63	63	person in this state employing four (4) or more individuals, and any person acting in the interest of 19
64	64	an employer directly or indirectly. 20
65	65	(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, 21
66	66	association, educational institution, or society with respect to the employment of individuals of its 22
67	67	religion to perform work connected with the carrying on of its activities. 23
68	68	(9) “Employment agency” includes any person undertaking, with or without compensation, 24
69	69	to procure opportunities to work, or to procure, recruit, refer, or place employees. 25
70	70	(10) “Firefighter” means an employee the duties of whose position include work connected 26
71	71	with the control and extinguishment of fires or the maintenance and use of firefighting apparatus 27
72	72	and equipment, including an employee engaged in this activity who is transferred or promoted to a 28
73	73	supervisory or administrative position. 29
74	74	(11) “Gender identity or expression” includes a person’s actual or perceived gender, as 30
75	75	well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-31
76	76	related expression; whether or not that gender identity, gender-related self image, gender-related 32
77	77	appearance, or gender-related expression is different from that traditionally associated with the 33
78	78	person’s sex at birth. 34
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82	82	(12) “Labor organization” includes any organization that exists for the purpose, in whole 1
83	83	or in part, of collective bargaining or of dealing with employers concerning grievances, terms or 2
84	84	conditions of employment, or of other mutual aid or protection in relation to employment. 3
85	85	(13) “Law enforcement officer” means an employee the duties of whose position include 4
86	86	investigation, apprehension, or detention of individuals suspected or convicted of offenses against 5
87	87	the criminal laws of the state, including an employee engaged in such activity who is transferred or 6
88	88	promoted to a supervisory or administrative position. For the purpose of this subdivision, 7
89	89	“detention” includes the duties of employees assigned to guard individuals incarcerated in any 8
90	90	penal institution. 9
91	91	(14) “Person” includes one or more individuals, partnerships, associations, organizations, 10
92	92	corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. 11
93	93	(15) "Protective hairstyles" means and includes, but is not limited to, such hairstyles as 12
94	94	braids, locks, and twists. 13
95	95	(16) "Race" means and includes traits historically associated with the race, including, but 14
96	96	not limited to, hair texture and protective hairstyles. 15
97	97	(15)(17) “Religion” includes all aspects of religious observance and practice, as well as 16
98	98	belief, unless an employer, union, or employment agency demonstrates that it is unable to 17
99	99	reasonably accommodate to an employee’s or prospective employee’s or union member’s religious 18
100	100	observance or practice without undue hardship on the conduct of its business. 19
101	101	(16)(18) “Sexual orientation” means having or being perceived as having an orientation for 20
102	102	heterosexuality, bisexuality, or homosexuality. 21
103	103	(17)(19) The terms, as used regarding persons with disabilities: 22
104	104	(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same 23
105	105	meaning as those items are defined in § 42-87-1.1; and 24
106	106	(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1. 25
107	107	SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil 26
108	108	Rights Act of 1990" is hereby amended to read as follows: 27
109	109	42-112-1. Discrimination prohibited. 28
110	110	(a) All persons within the state, regardless of race, color, religion, sex, disability, age, or 29
111	111	country of ancestral origin, have, except as is otherwise provided or permitted by law, the same 30
112	112	rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and 31
113	113	personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and 32
114	114	proceedings for the security of persons and property, and are subject to like punishment, pains, 33
115	115	penalties, taxes, licenses, and exactions of every kind, and to no other. 34
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119	119	(b) For the purposes of this section, the right to “make and enforce contracts, to inherit, 1
120	120	purchase, to lease, sell, hold, and convey real and personal property” includes the making, 2
121	121	performance, modification and termination of contracts and rights concerning real or personal 3
122	122	property, and the enjoyment of all benefits, terms, and conditions of the contractual and other 4
123	123	relationships. 5
124	124	(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, 6
125	125	chapter 5.1 of title 28 or any other remedial programs designed to address past societal 7
126	126	discrimination. 8
127	127	(d) For the purposes of this section, the terms “sex” and “age” have the same meaning as 9
128	128	those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” 10
129	129	has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons 11
130	130	with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” 12
131	131	“reasonable modification,” and “undue hardship” shall have the same meaning as those terms are 13
132	132	defined in § 42-87-1.1. 14
133	133	(e) For the purposes of this section, the term: 15
134	134	(1) "Protective hairstyles" means and includes, but is not limited to, such hairstyles as 16
135	135	braids, locks, and twists. 17
136	136	(2) "Race" means and includes traits historically associated with race, including, but not 18
137	137	limited to, hair texture and protective hairstyles. 19
138	138	SECTION 4. This act shall take effect upon passage. 20
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145	145	EXPLANATION
146	146	BY THE LEGISLATIVE COUNCIL
147	147	OF
148	148	A N A C T
149	149	RELATING TO EDUCATION -- OFFENSES PERTAINING TO SCHOOLS
150	150	***
151	151	This act would prohibit discrimination on the basis of race by expanding the definition of 1
152	152	race to include traits historically associated with race, including, but not limited to, hair texture and 2
153	153	protective hairstyles. 3
154	154	This act would take effect upon passage. 4
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156	156	LC002694
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