SB565: relative to discrimination in education and employment based on hairstyles historically associated with race.

SB 565-FN - AS AMENDED BY THE SENATE

03/07/2024 0861s

2024 SESSION

24-3090

09/05

SENATE BILL 565-FN

AN ACT relative to discrimination in education and employment based on hairstyles historically associated with race.

SPONSORS: Sen. Prentiss, Dist 5; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Altschiller, Dist 24; Sen. Soucy, Dist 18; Sen. Rosenwald, Dist 13; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Chandley, Dist 11; Sen. D'Allesandro, Dist 20; Rep. Beaulieu, Hills. 19

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies in the context of education discrimination that "race" includes traits historically associated with race, yet applicable to all races and ethnicities, including hair texture and certain hairstyles. This bill creates a private right of action for individuals, other than department of corrections employees, who face discrimination in employment based on the wearing of certain hairstyles.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024 0861s 24-3090

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to discrimination in education and employment based on hairstyles historically associated with race.

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

1 Education; Pupils; Discrimination in Public Schools. 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” includes traits historically associated with race, yet applicable to all races and ethnicities, including hair texture and protective hairstyles; and “protective hairstyles,” includes but is not limited to, such hairstyles as braids, locs, tight coils, curls, cornrows, Bantu knots, Afros, and twists.

2 New Section; Discrimination in the Workplace; Discrimination Based on Protective Hairstyles Historically Associated with Race. Amend RSA 275 by inserting after section 37-d the following new section:

275:37-e Discrimination Based on Protective Hairstyles Historically Associated with Race. No person shall be subjected to discrimination in employment based on wearing a protective hairstyle. In this section, “race” includes traits historically associated with race, yet applicable to all races and ethnicities, including hair texture and protective hairstyles; and “protective hairstyles,” includes but is not limited to, such hairstyles as braids, locs, tight coils, curls, cornrows, Bantu knots, Afros, and twists. A person subjected to discrimination based on wearing a protective hairstyle may initiate a civil action in a court of competent jurisdiction for legal or equitable relief, or with the New Hampshire commission for human rights, as provided in RSA 354-A:6-7. This section shall not apply to those employed by the department of corrections.

3 Effective Date. This act shall take effect January 1, 2025.

LBA

24-3090

Amended 4/3/24

SB 565-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-0861s)

AN ACT relative to discrimination in education and employment based on hairstyles historically associated with race.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

METHODOLOGY:

This bill clarifies in the context of education discrimination that "race" includes traits historically associated with race, yet applicable to all races and ethnicities, including hair texture and certain hairstyles. This bill creates a private right of action for individuals, other than department of corrections employees, who face discrimination in employment based on the wearing of certain hairstyles.

The New Hampshire Human Rights Commission anticipates the language may cause confusion between filing a civil action with the court or filing a complaint with the Commission. The Commission assumes the bill would generate additional requests for statutory advice, clarity, and training from the Commission. The Commission states the magnitude of additional responsibilities, which would be imposed upon existing agency staff is indeterminable and it is unknown if additional staff would be necessary in the future. There is no way to gauge the number of public interactions, up to and including filed charges and investigations, that will be received by the Commission based on this bill. Currently, charges of discrimination based on the proposed area, and others not explicitly stated, can be received, and pursued by the Commission for all protected classes.

The Judicial Branch has provided the following average cost information for civil cases in the Superior Court.

Average Costs

FY 2024

FY 2025

Complex Civil Case

$1,321

$1,347

Routine Civil Case

$494

$504

Fees

As of 2/12/2020

Original Entry Fee

$280

Third-Party Claim

$280

Motion to Reopen

$160

AGENCIES CONTACTED:

Judicial Branch and New Hampshire Human Rights Commission