Rhode Island 2023 Regular Session

Rhode Island Senate Bill S1013 Compare Versions

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

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5	5	2023 -- S 1013
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7	7	LC002774
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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 EDUCATION -- OFFENSES PERTAINING TO SCHOOLS
16	16	Introduced By: Senators Mack, Quezada, Acosta, Britto, Gu, and Cano
17	17	Date Introduced: May 15, 2023
18	18	Referred To: Senate Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 16-38-1 of the General Laws in Chapter 16-38 entitled "Offenses 1
23	23	Pertaining to Schools [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is 2
24	24	hereby amended to read as follows: 3
25	25	16-38-1. Discrimination because of race or age. 4
26	26	(a) No person shall be excluded from any public school on account of race or color, or for 5
27	27	being over fifteen (15) years of age, nor except by force of some general regulation applicable to 6
28	28	all persons under the same circumstances. 7
29	29	(b) Discrimination on the basis of race is prohibited in all public elementary and secondary 8
30	30	schools in the state and in all schools operated by the council on elementary and secondary 9
31	31	education. This prohibition shall apply to employment practices, admissions, curricular programs, 10
32	32	extracurricular activities including athletics, counseling, and any and all other school functions and 11
33	33	activities. 12
34	34	(c) For purposes of this section, the term: 13
35	35	(1) "Protective hairstyles" means and includes, but is not limited to, such hairstyles as 14
36	36	braids, locks, and twists. 15
37	37	(2) "Race" means and includes traits historically associated with the race, including, but 16
38	38	not limited to, hair texture and protective hairstyles. 17
39	39	SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair 18
40	40	Employment Practices" is hereby amended to read as follows: 19
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44	44	28-5-6. Definitions. 1
45	45	When used in this chapter: 2
46	46	(1) “Age” means anyone who is at least forty (40) years of age. 3
47	47	(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or 4
48	48	on the basis of pregnancy, childbirth, or related medical conditions, and women affected by 5
49	49	pregnancy, childbirth, or related medical conditions shall be treated the same for all employment 6
50	50	related purposes, including receipt of benefits under fringe benefit programs, as other persons not 7
51	51	so affected but similar in their ability or inability to work, and nothing in this chapter shall be 8
52	52	interpreted to permit otherwise. 9
53	53	(3) “Commission” means the Rhode Island commission against discrimination created by 10
54	54	this chapter. 11
55	55	(4) “Conviction” means, for the purposes of this chapter only, any verdict or finding of 12
56	56	guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. 13
57	57	(5) “Disability” means a disability as defined in § 42-87-1. 14
58	58	(6) “Discriminate” includes segregate or separate. 15
59	59	(7) “Employee” does not include any individual employed by his or her parents, spouse, or 16
60	60	child, or in the domestic service of any person. 17
61	61	(8)(i) “Employer” includes the state and all political subdivisions of the state and any 18
62	62	person in this state employing four (4) or more individuals, and any person acting in the interest of 19
63	63	an employer directly or indirectly. 20
64	64	(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, 21
65	65	association, educational institution, or society with respect to the employment of individuals of its 22
66	66	religion to perform work connected with the carrying on of its activities. 23
67	67	(9) “Employment agency” includes any person undertaking, with or without compensation, 24
68	68	to procure opportunities to work, or to procure, recruit, refer, or place employees. 25
69	69	(10) “Firefighter” means an employee the duties of whose position include work connected 26
70	70	with the control and extinguishment of fires or the maintenance and use of firefighting apparatus 27
71	71	and equipment, including an employee engaged in this activity who is transferred or promoted to a 28
72	72	supervisory or administrative position. 29
73	73	(11) “Gender identity or expression” includes a person’s actual or perceived gender, as 30
74	74	well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-31
75	75	related expression; whether or not that gender identity, gender-related self image, gender-related 32
76	76	appearance, or gender-related expression is different from that traditionally associated with the 33
77	77	person’s sex at birth. 34
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81	81	(12) “Labor organization” includes any organization that exists for the purpose, in whole 1
82	82	or in part, of collective bargaining or of dealing with employers concerning grievances, terms or 2
83	83	conditions of employment, or of other mutual aid or protection in relation to employment. 3
84	84	(13) “Law enforcement officer” means an employee the duties of whose position include 4
85	85	investigation, apprehension, or detention of individuals suspected or convicted of offenses against 5
86	86	the criminal laws of the state, including an employee engaged in such activity who is transferred or 6
87	87	promoted to a supervisory or administrative position. For the purpose of this subdivision, 7
88	88	“detention” includes the duties of employees assigned to guard individuals incarcerated in any 8
89	89	penal institution. 9
90	90	(14) “Person” includes one or more individuals, partnerships, associations, organizations, 10
91	91	corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. 11
92	92	(15) "Protective hairstyles" means and includes, but is not limited to, such hairstyles as 12
93	93	braids, locks, and twists. 13
94	94	(16) "Race" means and includes traits historically associated with the race, including, but 14
95	95	not limited to, hair texture and protective hairstyles. 15
96	96	(15)(17) “Religion” includes all aspects of religious observance and practice, as well as 16
97	97	belief, unless an employer, union, or employment agency demonstrates that it is unable to 17
98	98	reasonably accommodate to an employee’s or prospective employee’s or union member’s religious 18
99	99	observance or practice without undue hardship on the conduct of its business. 19
100	100	(16)(18) “Sexual orientation” means having or being perceived as having an orientation for 20
101	101	heterosexuality, bisexuality, or homosexuality. 21
102	102	(17)(19) The terms, as used regarding persons with disabilities: 22
103	103	(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same 23
104	104	meaning as those items are defined in § 42-87-1.1; and 24
105	105	(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1. 25
106	106	SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil 26
107	107	Rights Act of 1990" is hereby amended to read as follows: 27
108	108	42-112-1. Discrimination prohibited. 28
109	109	(a) All persons within the state, regardless of race, color, religion, sex, disability, age, or 29
110	110	country of ancestral origin, have, except as is otherwise provided or permitted by law, the same 30
111	111	rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and 31
112	112	personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and 32
113	113	proceedings for the security of persons and property, and are subject to like punishment, pains, 33
114	114	penalties, taxes, licenses, and exactions of every kind, and to no other. 34
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118	118	(b) For the purposes of this section, the right to “make and enforce contracts, to inherit, 1
119	119	purchase, to lease, sell, hold, and convey real and personal property” includes the making, 2
120	120	performance, modification and termination of contracts and rights concerning real or personal 3
121	121	property, and the enjoyment of all benefits, terms, and conditions of the contractual and other 4
122	122	relationships. 5
123	123	(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, 6
124	124	chapter 5.1 of title 28 or any other remedial programs designed to address past societal 7
125	125	discrimination. 8
126	126	(d) For the purposes of this section, the terms “sex” and “age” have the same meaning as 9
127	127	those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” 10
128	128	has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons 11
129	129	with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” 12
130	130	“reasonable modification,” and “undue hardship” shall have the same meaning as those terms are 13
131	131	defined in § 42-87-1.1. 14
132	132	(e) For the purposes of this section, the term: 15
133	133	(1) "Protective hairstyles" means and includes, but is not limited to, such hairstyles as 16
134	134	braids, locks, and twists. 17
135	135	(2) "Race" means and includes traits historically associated with race, including, but not 18
136	136	limited to, hair texture and protective hairstyles. 19
137	137	SECTION 4. This act shall take effect upon passage. 20
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144	144	EXPLANATION
145	145	BY THE LEGISLATIVE COUNCIL
146	146	OF
147	147	A N A C T
148	148	RELATING TO EDUCATION -- OFFENSES PERTAINING TO SCHOOLS
149	149	***
150	150	This act would prohibit discrimination on the basis of race by expanding the definition of 1
151	151	race to include traits historically associated with race, including, but not limited to, hair texture and 2
152	152	protective hairstyles. 3
153	153	This act would take effect upon passage. 4
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