HB1169 (2024) Detail

Creating a private cause of action for discrimination based on hairstyles relative to a person's ethnicity.


CHAPTER 117

HB 1169-FN - FINAL VERSION

 

 

2024 SESSION

24-2117

09/08

 

HOUSE BILL 1169-FN

 

AN ACT creating a private cause of action for discrimination based on hairstyles relative to a person's ethnicity.

 

SPONSORS: Rep. Wheeler, Hills. 33; Rep. Harriott-Gathright, Hills. 10; Rep. DiLorenzo, Rock. 10; Rep. D. Ford, Hills. 40; Rep. M. Perez, Hills. 43; Rep. Meuse, Rock. 37

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill creates a private cause of action for discrimination based on hairstyles relative to a person's ethnicity.  This bill also exempts such causes of action from the jurisdiction of the human rights commission.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2117

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT creating a private cause of action for discrimination based on hairstyles relative to a person's ethnicity.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

117:1  Protective Hairstyles; Discrimination in Education. Amend RSA 193:38 to read as follows:

193:38  Discrimination in Public Schools.  No person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in public schools because of their age, sex, gender identity, sexual orientation, race, color, marital status, familial status, disability, religion, or national origin, all as defined in RSA 354-A. Any person claiming to be aggrieved by a discriminatory practice prohibited under this section, including the attorney general, may initiate a civil action against a school or school district in superior court for legal or equitable relief, or with the New Hampshire commission for human rights, as provided in RSA 354-A:27-28. In this section, “race” means immutable traits associated with race, including hair texture and protective hairstyles and “protective hairstyles” means hairstyles or hair type, including braids, locs, tight coils or curls, cornrows, Bantu knots, Afros, twists, and headwraps.   

117:2  New Section; Discrimination Based on Protective Hairstyle. Amend RSA 275 by inserting after section 37-d the following new section:

275:37-e Discrimination Based on Protective Hairstyle.  No person shall be subjected to discrimination in employment because he or she wears a protective hairstyle. In this section, “protective hairstyles” means hairstyles or hair type, including braids, locs, tight coils or curls, corn rows, Bantu knots, Afros, twists, and head wraps.  A person subjected to discrimination based on wearing a protective hairstyle shall have a private cause of action and shall be exempt from the jurisdiction of the human rights commission and the provisions of RSA 354-A. This section shall not apply to those employed by the department of corrections.

117:3 New Section; Protective Hairstyles Exempted. Amend RSA 354-A by inserting after section 18 the following new section:

354-A:18-a  Exemption for Protective Hairstyles.  Private causes of action under RSA 275:37-d shall be exempt from the jurisdiction of the human rights commission.

117:4 Effective Date. This act shall take effect 60 days after its passage.

 

Approved: July 03, 2024

Effective Date: September 01, 2024

 

 

Links


Date Body Type
Jan. 31, 2024 House Hearing
Feb. 15, 2024 House Exec Session
Feb. 15, 2024 House Floor Vote
March 28, 2024 Senate Hearing
May 23, 2024 Senate Floor Vote

Bill Text Revisions

HB1169 Revision: 45426 Date: July 9, 2024, 11:01 a.m.
HB1169 Revision: 42247 Date: May 22, 2024, 3:49 p.m.
HB1169 Revision: 39612 Date: Nov. 28, 2023, 12:01 p.m.
HB1169 Revision: 44082 Date: Nov. 22, 2023, 8:55 a.m.

Docket


July 22, 2024: Signed by Governor Sununu 07/03/2024; Chapter 117; eff. 09/01/2024


June 25, 2024: Enrolled (in recess of) 06/13/2024 HJ 16


June 24, 2024: Enrolled Adopted, VV, (In recess 06/13/2024); SJ 18


May 22, 2024: Ought to Pass: MA, VV; OT3rdg; 05/22/2024; SJ 14


May 16, 2024: Committee Report: Ought to Pass, 05/22/2024; Vote 5-0; CC; SC 20


March 20, 2024: Hearing: 03/28/2024, Room 100, SH, 01:45 pm; SC 12


March 13, 2024: Introduced 03/07/2024 and Referred to Judiciary; SJ 7


March 7, 2024: Ought to Pass: MA VV 03/07/2024 HJ 7 P. 17


Feb. 28, 2024: Committee Report: Ought to Pass 02/15/2024 (Vote 17-2; CC) HC 9 P. 10


Feb. 6, 2024: Executive Session: 02/15/2024 10:00 am LOB 206-208


Jan. 17, 2024: Public Hearing: 01/31/2024 09:45 am LOB 206-208


Nov. 28, 2023: Introduced 01/03/2024 and referred to Judiciary