HB135: HB135 Housing; discrimination based on hairstyles associated with race, color, or national origin; prohibit

Georgia's fair housing law, general education law, general labor law, and the Fair Employment Practices Act of 1978 currently define discrimination by race, color, and national origin without spelling out that hairstyles tied to those traits are covered. This bill changes that by defining 'protective hairstyles' (braids, locs, twists, and other textured hairstyles) and stating that the legal meaning of 'race' includes hair texture and these hairstyles across all four laws. It amends the fair housing definitions in O.C.G.A. § 8-3-201, adds a new anti-discrimination section for state-funded schools (O.C.G.A. § 20-1-12), adds a new anti-discrimination section for employers (O.C.G.A. § 34-1-11), and updates definitions in the Fair Employment Practices Act (O.C.G.A. § 45-19-22). The new labor section lets an employee sue an employer within one year of a violation for back pay, reinstatement, court costs, and attorney's fees. The bill has no separate stated effective date beyond the standard process, and repeals any conflicting laws.

• Adds a definition of 'protective hairstyles' (braids, locs, twists, and other textured styles) to Georgia's fair housing law and expands the definition of 'race' to include hair texture and these styles.
• Creates a new Code section barring discrimination based on protective hairstyles in any educational program that receives state financial assistance or enrolls students who get state financial aid.
• Creates a new Code section barring employers from refusing to hire, firing, or otherwise discriminating against workers because of a protective hairstyle tied to race, unless the hairstyle interferes with the specific job.
• Allows an employee harmed by hairstyle discrimination to sue for up to a year after the violation, seeking reinstatement, back pay, court costs, and attorney's fees.
• Updates the Fair Employment Practices Act of 1978's definitions so that 'race' explicitly covers hair texture, hair type, and protective hairstyles for public employers.

The bill affects landlords and housing providers, public and state-funded schools, private and public employers statewide, labor organizations, and public employees, as well as tenants, students, and job applicants who wear braids, locs, twists, or other textured hairstyles associated with their race, color, or national origin.

People with textured or protective hairstyles could gain a clear legal basis to challenge housing denials, school policies, or workplace treatment based on their hair, and workers would be able to sue employers directly for such discrimination, changing how landlords, schools, and employers must handle hairstyle-related decisions.

• Section 1 amends O.C.G.A. § 8-3-201 to define 'protective hairstyles' and revise the definition of 'race' in Georgia's fair housing law to include hair texture and these hairstyles.
• Section 2 adds O.C.G.A. § 20-1-12, prohibiting hairstyle-based race discrimination in any educational program that receives state funds or enrolls students with state financial aid.
• Section 3 adds O.C.G.A. § 34-1-11, barring employers from hiring, firing, or otherwise discriminating based on protective hairstyles unless the hairstyle limits ability to do the specific job.
• Section 3 also creates a civil cause of action letting an aggrieved individual sue within one year, with courts able to order reinstatement, back pay, court costs, and attorney's fees.
• Section 4 amends O.C.G.A. § 45-19-22 under the Fair Employment Practices Act of 1978 to add 'protective hairstyles' and expand 'race' to include hair texture, hair type, and protective hairstyles for public employers.
• Section 5 repeals any conflicting laws.

1. 2025-01-29House Second Readers (House)
2. 2025-01-28House First Readers (House)
3. 2025-01-27House Hopper (House)

• Kim Schofield (D, HD-063)Primary sponsor
• Carolyn Hugley (D, HD-141)
• Rhonda Burnough (D, HD-077)
• Viola Davis (D, HD-087)
• Eric Bell (D, HD-075)
• Jasmine Clark (D, HD-108)

• hair discrimination
• fair housing
• employment discrimination
• school discrimination
• civil rights