HB87 Alabama 2021 Session

Under existing state law, it is unlawful for any person to discriminate against an individual because of his or her race, color, religion, sex, or national origin with respect to housing

Under existing state law, it is also unlawful for an employer to pay an employee at wage rates less than those paid to employees of another race or sex for substantially similar work

Under existing state law, it is unlawful for an employer, employment agency, or labor organization to discriminate against a worker 40 years of age or over in hiring, job retention, compensation, or other terms or conditions of employment

This bill would make it unlawful for a person to deny an individual full and equal enjoyment of public accommodations based upon the individual's race, religion, sex, age, disability, or national origin

This bill would also make it unlawful for a local school board to discriminate against any individual on the basis of race, sex, disability, or national origin

This bill would make it unlawful for an employer, employment agency, or labor organization to discriminate against an applicant or employee based upon the applicant or employee's race, religion, sex, age, disability, or national origin and would create a state cause of action against an employer who does so

Relating to discrimination; to make it unlawful for a person to deny an individual full and equal enjoyment of public accommodations based upon certain protected classes; to make it unlawful for a local school board to discriminate against any individual based upon certain protected classes; and to make it unlawful for an employer to discriminate against an applicant or employee based upon certain protected classes and create a state cause of action against an employer who does so.

Section 1

(a) As used in this act, the following terms have the following meanings: (1) PLACE OF PUBLIC ACCOMMODATION, RESORT, or AMUSEMENT. The term includes any place, store, or other establishment, either licensed or unlicensed, which supplies goods or services to the general public or which solicits or accepts the patronage or trade of the general public or which is supported directly or indirectly by government funds. The term does not include any of the following: a. A private club whose policies are determined by its members and its facilities or services are available only to its members and their bona fide guests. b. A rooming or boarding house containing not more than one room for rent or hire and which is within a building occupied by the proprietor as his or her residence. c. A religious organization and its activities and facilities if compliance with Section 2 would be inconsistent with the religious tenets of the organization. (2) PROTECTIVE HAIRSTYLES. The term includes, but is not limited to, hairstyles such as braids, locks, and twists. (3) RACE. The term includes ancestry, color, ethnic group identification, and ethnic background, and traits historically associated with race, including, but not limited to, skin complexion, hair texture, and protective hairstyles. (4) RELIGIOUS ORGANIZATION. The term includes an organization whose main purpose is to study or advance religion. The term does not include any organization that teaches or advocates hatred or superiority based on race or ethnicity.

Section 2

It is unlawful for a person to deny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement on the basis of race, religion, sex, age, disability, or national origin.

Section 3

It is unlawful for a local school board to discriminate against any individual on the basis of race, sex, disability, or national origin.

Section 4

(a) With respect to the terms, conditions, or benefits of employment, it is an unlawful employment practice for an employer, employment agency, or labor organization to fail or refuse to hire, to discharge any individual, or to otherwise discriminate against any individual because of the individual's race, religion, sex, age, disability, or national origin. An employer, employment agency, or labor organization shall be deemed to have engaged in an action prohibited under this subsection if the individual's race, religion, sex, age, disability, or national origin is a motivating factor in the employer's action, unless the employer can prove that there was a legitimate, non-discriminatory reason for the adverse employment action. (b) An employer, employment agency, or labor organization may not discriminate in employment against or take any adverse employment action against any individual because the individual has done any of the following: (1) Taken an action to enforce a protection afforded any individual under this act. (2) Testified or otherwise made a statement in or in connection with any proceeding under this act. (3) Assisted or otherwise participated in an investigation under this act. (4) Exercised a right provided for under this act. (c) An employer, employment agency, or labor organization shall be deemed to have engaged in an action prohibited under subsection (b) if the individual's action to enforce a protection afforded any individual under this act, testimony or making of a statement in connection with any proceeding under this act, assistance or other participation in an investigation under this act, or exercise of a right provided for under this act, is a motivating factor in the employer's action, unless the employer can prove that there was a legitimate, non-discriminatory reason for the adverse employment action.

Section 5

(a) Any individual whose rights under Section 4 have been violated by an employer may bring a cause of action against the employer. (b) In any action filed under this section, the court may award relief and require the employer to do any one or more of the following: (1) Comply with Section 4. (2) Compensate the individual for any loss of wages or benefits suffered by reason of the employer's failure to comply with Section 4. (3) Pay the individual liquidated damages in an amount equal to the amount of lost wages or benefits suffered by reason of the employer's failure to comply with Section 4, if the court determines that the employer's failure to comply was willful. (c) No fees or court costs may be charged or taxed against any individual who brings a cause of action under subsection (a). (d) If an individual who obtained private counsel to bring an action or proceeding under subsection (a) prevails in the action or proceeding, the court may award the individual reasonable attorney fees, expert witness fees, and other litigation expenses.

Section 6

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.