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REFERENCE TITLE: discrimination; prohibited; protective hairstyles |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2865 |
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Introduced by Representatives Peten: Bolding, Cano, DeGrazia, Fernandez, Friese, Gabaldón, Hernandez D, Lieberman, Pawlik, Powers Hannley, Rodriguez, Salman, Teller
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AN ACT
amending Title 41, chapter 9, article 4, Arizona Revised Statutes, by adding section 41-1469; amending title 41, chapter 9, article 8, Arizona Revised Statutes, by adding section 41-1492.13; relating to discrimination.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 41-1469, to read:
41-1469. Unlawful employment practices; protective hairstyles; definitions
A. Notwithstanding any other law, It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, including on‑the‑job training programs, to discriminate against any individual because of the individual's protective hairstyle, race or ethnicity.
B. For the purposes of this section:
1. "Protective hairstyle" includes such hairstyles as braids, locks, buns, tsiiyeels and twists.
2. "Race or ethnicity" includes;
(a) Ancestry, color, ethnic group identification and ethnic background.
(b) Traits historically associated with race, including hair texture and protective hairstyles.
Sec. 2. Title 41, chapter 9, article 8, Arizona Revised Statutes, is amended by adding section 41-1492.13, to read:
41-1492.13. Prohibition of discrimination by schools; protective hairstyles; definitions
A. Notwithstanding any other law, It is unlawful for a nursery, elementary, secondary, undergraduate or postgraduate private school or other place of education to discriminate against any individual because of the individual's protective hairstyle, race or ethnicity.
B. For the purposes of this section:
1. "Protective hairstyle" includes such hairstyles as braids, locks, buns, tsiiyeels and twists.
2. "Race or ethnicity" includes;
(a) Ancestry, color, ethnic group identification and ethnic background.
(b) Traits historically associated with race, including hair texture and protective hairstyles.
Sec. 3. Legislative findings
The Legislature finds and declares all of the following:
1. The history of our nation is riddled with laws and societal norms that equated "blackness," and the associated physical traits, for example, dark skin, kinky and curly hair to a badge of inferiority, sometimes subject to separate and unequal treatment.
2. This idea also permeated societal understanding of professionalism. Professionalism was, and still is, closely linked to European features and mannerisms, which entails that those who do not naturally fall into Eurocentric norms must alter their appearances, sometimes drastically and permanently, in order to be deemed professional.
3. Despite the great strides American society and laws have made to reverse the racist ideology that Black traits are inferior, hair remains a rampant source of racial discrimination with serious economic and health consequences, especially for Black individuals.
4. Workplace dress code and grooming policies that prohibit natural hair, including afros, braids, twists and locks, have a disparate impact on Black individuals as these policies are more likely to deter Black applicants and burden or punish Black employees than any other group.
5. Federal courts accept that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, and therefore protects against discrimination against afros. However, the courts do not understand that afros are not the only natural presentation of Black hair. Black hair can also be naturally presented in braids, twists and locks.
6. In a society in which hair has historically been one of many determining factors of a person's race, and whether they were a second class citizen, hair today remains a proxy for race. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination.
7. Acting in accordance with the constitutional values of fairness, equity and opportunity for all, the Legislature recognizes that continuing to enforce a Eurocentric image of professionalism through purportedly race‑neutral grooming policies that disparately impact Black individuals and exclude them from some workplaces is in direct opposition to equity and opportunity for all.