Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0519 Compare Versions

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

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5	5	2025 -- S 0519
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7	7	LC000804
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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. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO EDUCATION -- OFFENSES PERTAINING TO SCHOOLS
16	16	Introduced By: Senators Mack, Acosta, Ujifusa, Gu, and Britto
17	17	Date Introduced: February 26, 2025
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, hair texture or 14
36	36	hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or 15
37	37	national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, 16
38	38	cornrows, twists, braids, Bantu knots, and Afros). 17
39	39	(2) "Race" means and includes traits historically associated with the race, including, but 18
40	40	not limited to, hair texture and protective hairstyles. 19
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42	42
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44	44	SECTION 2. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair 1
45	45	Employment Practices" is hereby amended to read as follows: 2
46	46	28-5-6. Definitions. 3
47	47	When used in this chapter: 4
48	48	(1) “Age” means anyone who is at least forty (40) years of age. 5
49	49	(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or 6
50	50	on the basis of pregnancy, childbirth, or related medical conditions, and women affected by 7
51	51	pregnancy, childbirth, or related medical conditions shall be treated the same for all employment 8
52	52	related purposes, including receipt of benefits under fringe benefit programs, as other persons not 9
53	53	so affected but similar in their ability or inability to work, and nothing in this chapter shall be 10
54	54	interpreted to permit otherwise. 11
55	55	(3) “Commission” means the Rhode Island commission against discrimination created by 12
56	56	this chapter. 13
57	57	(4) “Confidential” means to remain secret and not to be disclosed to another person or 14
58	58	entity. 15
59	59	(5) “Conviction” means, for the purposes of this chapter only, any verdict or finding of 16
60	60	guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. 17
61	61	(6) “Disability” means a disability as defined in § 42-87-1. 18
62	62	(7) “Discriminate” includes segregate or separate. 19
63	63	(8) “Employee” does not include any individual employed by his or her parents, spouse, or 20
64	64	child, or in the domestic service of any person. 21
65	65	(9)(i) “Employer” includes the state and all political subdivisions of the state and any 22
66	66	person in this state employing four (4) or more individuals, and any person acting in the interest of 23
67	67	an employer directly or indirectly. 24
68	68	(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, 25
69	69	association, educational institution, or society with respect to the employment of individuals of its 26
70	70	religion to perform work connected with the carrying on of its activities. 27
71	71	(10) “Employment agency” includes any person undertaking, with or without 28
72	72	compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees. 29
73	73	(11) “Firefighter” means an employee the duties of whose position include work connected 30
74	74	with the control and extinguishment of fires or the maintenance and use of firefighting apparatus 31
75	75	and equipment, including an employee engaged in this activity who is transferred or promoted to a 32
76	76	supervisory or administrative position. 33
77	77	(12) “Gender identity or expression” includes a person’s actual or perceived gender, as 34
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81	81	well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-1
82	82	related expression; whether or not that gender identity, gender-related self image, gender-related 2
83	83	appearance, or gender-related expression is different from that traditionally associated with the 3
84	84	person’s sex at birth. 4
85	85	(13) “Labor organization” includes any organization that exists for the purpose, in whole 5
86	86	or in part, of collective bargaining or of dealing with employers concerning grievances, terms or 6
87	87	conditions of employment, or of other mutual aid or protection in relation to employment. 7
88	88	(14) “Law enforcement officer” means an employee the duties of whose position include 8
89	89	investigation, apprehension, or detention of individuals suspected or convicted of offenses against 9
90	90	the criminal laws of the state, including an employee engaged in such activity who is transferred or 10
91	91	promoted to a supervisory or administrative position. For the purpose of this subdivision, 11
92	92	“detention” includes the duties of employees assigned to guard individuals incarcerated in any 12
93	93	penal institution. 13
94	94	(15) “Non-disparagement agreement” means an agreement which restricts an individual 14
95	95	from taking any action to include, but not be limited to, speaking or publicizing information that 15
96	96	negatively impacts the other party to the agreement to include the reputation, products, services, 16
97	97	employees, and management of the protected party. 17
98	98	(16) “Person” includes one or more individuals, partnerships, associations, organizations, 18
99	99	corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. 19
100	100	(17) "Protective hairstyles" means and includes, but is not limited to, hair texture or 20
101	101	hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or 21
102	102	national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, 22
103	103	cornrows, twists, braids, Bantu knots, and Afros). 23
104	104	(18) "Race" means and includes traits historically associated with the race, including, but 24
105	105	not limited to, hair texture and protective hairstyles. 25
106	106	(17)(19) “Religion” includes all aspects of religious observance and practice, as well as 26
107	107	belief, unless an employer, union, or employment agency demonstrates that it is unable to 27
108	108	reasonably accommodate to an employee’s or prospective employee’s or union member’s religious 28
109	109	observance or practice without undue hardship on the conduct of its business. 29
110	110	(18)(20) “Sexual orientation” means having or being perceived as having an orientation for 30
111	111	heterosexuality, bisexuality, or homosexuality. 31
112	112	(19)(21) The terms, as used regarding persons with disabilities: 32
113	113	(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same 33
114	114	meaning as those items are defined in § 42-87-1.1; and 34
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118	118	(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1. 1
119	119	SECTION 3. Section 42-112-1 of the General Laws in Chapter 42-112 entitled "The Civil 2
120	120	Rights Act of 1990" is hereby amended to read as follows: 3
121	121	42-112-1. Discrimination prohibited. 4
122	122	(a) All persons within the state, regardless of race, color, religion, sex, disability, age, or 5
123	123	country of ancestral origin, have, except as is otherwise provided or permitted by law, the same 6
124	124	rights to make and enforce contracts, to inherit, purchase, to lease, sell, hold, and convey real and 7
125	125	personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and 8
126	126	proceedings for the security of persons and property, and are subject to like punishment, pains, 9
127	127	penalties, taxes, licenses, and exactions of every kind, and to no other. 10
128	128	(b) For the purposes of this section, the right to “make and enforce contracts, to inherit, 11
129	129	purchase, to lease, sell, hold, and convey real and personal property” includes the making, 12
130	130	performance, modification and termination of contracts and rights concerning real or personal 13
131	131	property, and the enjoyment of all benefits, terms, and conditions of the contractual and other 14
132	132	relationships. 15
133	133	(c) Nothing contained in this chapter shall be construed to affect chapter 14.1 of title 37, 16
134	134	chapter 5.1 of title 28, or any other remedial programs designed to address past societal 17
135	135	discrimination. 18
136	136	(d) For the purposes of this section, the terms “sex” and “age” have the same meaning as 19
137	137	those terms are defined in § 28-5-6, the state fair employment practices act. The term “disability” 20
138	138	has the same meaning as that term is defined in § 42-87-1, and the terms, as used regarding persons 21
139	139	with disabilities, “auxiliary aids and services,” “readily achievable,” “reasonable accommodation,” 22
140	140	“reasonable modification,” and “undue hardship” shall have the same meaning as those terms are 23
141	141	defined in § 42-87-1.1. 24
142	142	(e) For the purposes of this section, the term: 25
143	143	(1) "Protective hairstyles" means and includes, but is not limited to, hair texture or 26
144	144	hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or 27
145	145	national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, 28
146	146	cornrows, twists, braids, Bantu knots, and Afros). 29
147	147	(2) "Race" means and includes traits historically associated with race, including, but not 30
148	148	limited to, hair texture and protective hairstyles. 31
149	149	SECTION 4. This act shall take effect upon passage. 32
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156	156	EXPLANATION
157	157	BY THE LEGISLATIVE COUNCIL
158	158	OF
159	159	A N A C T
160	160	RELATING TO EDUCATION -- OFFENSES PERTAINING TO SCHOOLS
161	161	***
162	162	This act would prohibit discrimination on the basis of race by expanding the definition of 1
163	163	race to include traits historically associated with race, including, but not limited to, hair texture and 2
164	164	protective hairstyles. 3
165	165	This act would take effect upon passage. 4
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