House Bill 1224

AN ACT TO CREATE THE "CREATE A RESPECTFUL AND OPEN WORKPLACE FOR NATURAL (CROWN) HAIR ACT"; TO PROHIBIT CREATION OF WORKPLACE AND SCHOOL POLICES THAT DISCRIMINATE ON THE BASIS OF NATURAL HAIRSTYLES; TO PROHIBIT DISCRIMINATION BY AN EMPLOYER, SCHOOL, SCHOOL DISTRICT OR ADMINISTRATOR ENGAGED IN COMMERCE ON THE BASIS OF HAIR TEXTURE; TO PROHIBIT TERMINATION, REDUCTION OF WORK HOURS, OR PAYING A REDUCED SALARY OR WAGE OR EXPULSION OR DISMISSAL BASED ON HAIR TEXTURE; TO PROVIDE THE REMEDIES FOR ANY PERSON WHO IS AGGRIEVED BY VIOLATION OF THIS ACT; TO AMEND SECTION 25-9-149, MISSISSIPPI CODE OF 1972, TO CONFORM THE STATE DISCRIMINATION POLICY TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 89-9-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CONDOMINIUM RESTRICTIONS SHALL NOT INCLUDE DISCRIMINATORY PROVISIONS IN CONFORMITY WITH THIS ACT; TO AMEND SECTION 73-35-21, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT DISCRIMINATORY PRACTICES ARE GROUNDS FOR REVOCATION OF REAL ESTATE SALES AND BROKER LICENSES; TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO CREATE POLICIES THAT PROHIBIT DISCRIMINATORY PRACTICES IN CONFORMITY WITH THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Create A Respectful And Open Workplace For Natural (CROWN) Hair Act."

SECTION 2. The Mississippi Legislature finds:

(a) That discrimination based on "natural hairstyles" exists in industries engaged in commerce or in the production of goods for commerce, schools throughout the United States and society as a whole:

(b) Such differentials depress the wages, living standards, quality of education and quality of life for employees and students of color, and such depression has a negative impact on their health and efficiency and drop-out rate, thereby increasing the poverty rate in Mississippi;

(c) That workplace, school and any policies and dress codes that restrict natural hairstyles, including, but not limited to, afros, braids, twists and locks have a disparate impact on African Americans, Latinas and other ethnic groups;

(d) That hair texture has historically been one of the many determining factors of race; and

(e) That acting in accordance with the constitutional values of fairness, equity and opportunity for all requires the Legislature to ban any policies that discriminate or treat any person unfairly in any manner.

SECTION 3. (1) No employer, school, school district or administrator may create a dress code or policy that prohibits natural hair from being worn in the workplace during workplace hours, school hours or during workplace or school events. For purposes of this act, the term "natural hair" means afros, braids, twists, locks and any similar hairstyle.

(2) No employer, school, school district or administrator shall discriminate in any manner against any person by paying a salary or wage, refusing to provide a salary or wage increase, deny a promotion or other employment opportunity, or expel or in any manner discipline a student or employee on the basis of any natural hairstyle worn by the person. For employers, when comparing an employee who does not wear natural hair if such employees are performing equal work on jobs that require equal skill, effort and responsibility to perform, and which are performed under similar working conditions, except where such decision is made pursuant to:

(a) A seniority system; however, time spent on leave due to a pregnancy-related condition and parental, family and medical leave, shall not reduce the seniority-level of an employee;

(b) A merit system;

(d) A differential based on any bona fide factor other than hairstyles, if the factor:

(i) Is job-related with respect to the position and necessary for the business; and

(ii) Accounts for the entire differential.

An employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any other employee.

(3) For purposes of administration and enforcement of this act, any amounts owed to an employee that have been withheld in violation of this act shall be deemed to be unpaid minimum wages or unpaid compensation.

(4) It shall be an unlawful practice for an employer, school, school district or administrator to retaliate or in any other manner discriminate against any person because that person has opposed a practice made unlawful by this act or because that person has made a charge, filed a complaint, or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this act, including an investigation conducted by the employer, or has testified or is planning to testify, or has assisted, or participated in any manner in any such investigation, proceeding, or hearing under this act.

(5) (a) A civil action asserting a violation of this act may be maintained against any employer, school, school district or administrator in any court of competent jurisdiction by any one (1) or more employees for or on behalf of the employee, a group of employees, and other employees similarly situated. Any such action shall commence no later than two (2) years after the discriminatory practice declared unlawful by this act has occurred. A discriminatory practice occurs when a discriminatory compensation decision or other practice is adopted, when an employee is subjected to a discriminatory compensation decision or other practice, or when an employee is affected by the application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid based on the discriminatory compensation decision or other practice.

(b) If an employer, school, school district or administrator is found in violation of this act, the aggrieved person may recover in a civil action the amount of their unpaid wages; liquidated damages; compensatory damages; punitive damages as may be appropriate, where such person demonstrates that the employer, school, school district or administrator acted with malice or reckless indifference; other equitable relief as may be appropriate; and the costs of the action and reasonable attorney's fees.

SECTION 4. Section 25-9-149, Mississippi Code of 1972, is amended as follows:

25-9-149. It is the intent of the Legislature that no person seeking employment in state service, as defined in Section 25-9-107, Mississippi Code of 1972, or employed in state service, as defined in Section 25-9-107, Mississippi Code of 1972, shall be discriminated against on the basis of race, color, religion, sex, national origin, age * * *or, handicap or natural, protective, or cultural hairstyle.

SECTION 5. Section 89-9-19, Mississippi Code of 1972, is amended as follows:

89-9-19. The restrictions and covenants authorized by Section 89-9-17 may prescribe regulations concerning sales or leases of units, and any such restrictions and covenants shall be valid, except discriminatory restrictions based on race, color, religion, sex, national origin, age, handicap or natural, protective or cultural hairstyle, but it shall not be mandatory that the management body be given the first right or refusal to purchase or lease any such unit which the owner thereof intends to sell or lease.

SECTION 6. Section 73-35-21, Mississippi Code of 1972, is amended as follows:

73-35-21. (1) The commission may, upon its own motion and shall upon the verified complaint in writing of any person, hold a hearing pursuant to Section 73-35-23 for the refusal of license or for the suspension or revocation of a license previously issued, or for such other action as the commission deems appropriate. The commission shall have full power to refuse a license for cause or to revoke or suspend a license where it has been obtained by false or fraudulent representation, or where the licensee in performing or attempting to perform any of the acts mentioned herein, is deemed to be guilty of:

(a) Making any substantial misrepresentation in connection with a real estate transaction;

(b) Making any false promises of a character likely to influence, persuade or induce;

(c) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or salespersons or any medium of advertising or otherwise;

(d) Any misleading or untruthful advertising;

(e) Acting for more than one (1) party in a transaction or receiving compensation from more than one (1) party in a transaction, or both, without the knowledge of all parties for whom he acts;

(f) Failing, within a reasonable time, to account for or to remit any monies coming into his possession which belong to others, or commingling of monies belonging to others with his own funds. Every responsible broker procuring the execution of an earnest money contract or option or other contract who shall take or receive any cash or checks shall deposit, within a reasonable period of time, the sum or sums so received in a trust or escrow account in a bank or trust company pending the consummation or termination of the transaction. "Reasonable time" in this context means by the close of business of the next banking day;

(g) Entering a guilty plea or conviction in a court of competent jurisdiction of this state, or any other state or the United States of any felony;

(h) Displaying a "for sale" or "for rent" sign on any property without the owner's consent;

(i) Failing to furnish voluntarily, at the time of signing, copies of all listings, contracts and agreements to all parties executing the same;

(j) Paying any rebate, profit or commission to any person other than a real estate broker or salesperson licensed under the provisions of this chapter;

(k) Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract, where such substitution is motivated by the personal gain of the licensee;

(l) Accepting a commission or valuable consideration as a real estate salesperson for the performance of any of the acts specified in this chapter from any person, except his employer who must be a licensed real estate broker;

(m) Failing to successfully pass the commission's background investigation for licensure or renewal as provided in Section 73-35-10; or

(n) Any act or conduct, whether of the same or a different character than hereinabove specified, which constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealing, including any discriminatory acts or conduct based on race, color, religion, sex, national origin, age, handicap or natural, protective, or cultural hairstyle. However, simple contact and/or communication with any mortgage broker or lender by a real estate licensee about any professional, including, but not limited to, an appraiser, home inspector, contractor, and/or attorney regarding a listing and/or a prospective or pending contract for the lease, sale and/or purchase of real estate shall not constitute conduct in violation of this section.

(2) No real estate broker shall practice law or give legal advice directly or indirectly unless said broker be a duly licensed attorney under the laws of this state. He shall not act as a public conveyancer nor give advice or opinions as to the legal effect of instruments nor give opinions concerning the validity of title to real estate; nor shall he prevent or discourage any party to a real estate transaction from employing the services of an attorney; nor shall a broker undertake to prepare documents fixing and defining the legal rights of parties to a transaction. However, when acting as a broker, he may use an earnest money contract form. A real estate broker shall not participate in attorney's fees, unless the broker is a duly licensed attorney under the laws of this state and performs legal services in addition to brokerage services.

(3) It is expressly provided that it is not the intent and purpose of the Mississippi Legislature to prevent a license from being issued to any person who is found to be of good reputation, is able to give bond, and who has lived in the State of Mississippi for the required period or is otherwise qualified under this chapter.

(4) In addition to the reasons specified in subsection (1) of this section, the commission shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

(5) Nothing in this chapter shall prevent an associate broker or salesperson from owning any lawfully constituted business organization, including, but not limited to, a corporation, limited liability company or limited liability partnership, for the purpose of receiving payments contemplated in this chapter. The business organization shall not be required to be licensed under this chapter and shall not engage in any other activity requiring a real estate license.

SECTION 7. Counties and municipalities may adopt and enforce ordinances, orders and resolutions prohibiting all forms of discrimination, including discrimination on the basis of race, creed, color, religion, national origin, sex, disability, or age, or natural, protective, or cultural hairstyle, and to prescribe penalties for violations thereof, such penalties being in addition to the remedial orders and enforcement herein authorized.

SECTION 8. This act shall take effect and be in force from and after its passage.