SB 565-FN - AS INTRODUCED
2024 SESSION
24-3090
09/05
SENATE BILL 565-FN
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
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ANALYSIS
This bill clarifies in the context of education discrimination that "race" includes traits historically associated with race, including hair texture and certain hairstyles. This bill further exempts from the jurisdiction of the human rights commission and 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3090
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
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, 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 because he or she wears a protective hairstyle. In this section, “protective hairstyle” means a hairstyle or hair type historically associated with race, including braids, locs, tight coils, curls, corn rows, Bantu knots, Afros, and twists. 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.
3 New Section; State Commission for Human Rights; 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.
4 Effective Date. This act shall take effect January 1, 2025.
24-3090
11/30/23
SB 565-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to discrimination in education and discrimination based on race.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No
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METHODOLOGY:
This bill clarifies in the context of education discrimination that "race" includes traits historically associated with race, including hair texture and certain hairstyles. This bill further exempts from the jurisdiction of the human rights commission and 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. It is not possible to predict how many additional civil action may be brought as a result of this bill. 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