Text of MS HB 251 (2019)

MISSISSIPPI LEGISLATURE 2019 Regular Session To: Judiciary A By: Representative Hines House Bill 251 AN ACT TO CREATE THE "MISSISSIPPI CIVIL RIGHTS ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THAT THE RIGHT FOR PERSONS TO BE FREE FROM DISCRIMINATION IS A CIVIL RIGHT; TO PROVIDE REMEDIES FOR PERSONS DISCRIMINATED AGAINST; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and referred to as the "Mississippi Civil Rights Act." SECTION 2. As used in this act, the following words and terms have the following meanings, unless a different meaning clearly appears from the context: (a) "Religion" means all aspects of religious belief, observance and practice. (b) "National origin" means an individual's or his or her ancestor's place of origin. (c) "Immigrant status" means a representation made by an individual or determination made by an appropriate government authority that an individual is present in the United States but is not a citizen or national of the United States, and indicates whether the individual is in the United States with or without authorization. (d) "Sexual orientation" means actual or perceived homosexuality, heterosexuality or bisexuality. (e) "Gender identity" means the actual or perceived gender related identity, expression, appearance or mannerisms, or other gender related characteristics of an individual, regardless of the designated sex at birth of the individual. (f) "Disability" means a physical or mental impairment that substantially limits a major life function, not including the following: (i) Compulsive gambling, kleptomania or pyromania; (ii) Current use of illegal drugs or psychoactive substance use disorders resulting from illegal use of drugs; or (iii) Alcoholism. (g) "Familial status" means one or more individuals, who have not attained the age of eighteen (18) years, being domiciled with: (i) A parent or another person having legal custody of that individual or individuals; or (ii) The designee of the parent or other person having legal custody, with the written permission of the parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. (h) "Compensatory damages" means damages for mental anguish, loss of dignity and other intangible injuries. The term does not include punitive damages. (i) "Punitive damages" means damages for malicious or heinous and intentional action(s) or inaction(s). (j) "Employee" means any person who supplies a service for remuneration or under any contract for hire to a private or public employer in this state, but does not mean: (i) An individual employed by his or her parents, spouse or child; (ii) An individual participating in a specialized employment training program conducted by a nonprofit sheltered workshop or rehabilitation facility; or (iii) An individual employed outside of this state. (k) "Employer" means a person, or agent of that person, who employs nine (9) or more employees in the state each of twenty (20) or more calendar weeks in the current or preceding calendar year. (l) "Place of public resort, accommodation, assemblage or amusement" means any place, store or other establishment, either licensed or unlicensed, that supplies accommodations, goods or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds. The term does not include any of the following: (i) Any lodging establishment that contains five (5) or fewer rooms for rent and that is actually occupied by the proprietor of the establishment as a residence; (ii) Any private club or other establishment not in fact open to the public; or (iii) Any house of worship. (m) "Educational institution" means any public educational institution, including any academy, college, elementary or secondary school, extension course, charter school, magnet school, kindergarten, nursery, school district, university, professional school or vocational school. SECTION 3. (1) The right of an otherwise qualified person to be free from discrimination, defined as the denial of equal treatment and/or protection to persons in a similar situation, because of race, color, religion, national origin, immigrant status, sex, sexual orientation, gender identity, disability or familial status is recognized as and declared to be a civil right. This right shall include, but not be limited to, all of the following: (a) The right to obtain and hold employment without discrimination; (b) The right to the full enjoyment of any of the accommodations, advantages, facilities or privileges of any place of public resort, accommodation, assemblage or amusement without discrimination; (c) The right to engage in property transactions, including the right to obtain housing, without discrimination; (d) The right to engage in credit and other contractual transactions without discrimination; and (e) The right to the full enjoyment of any of the accommodations, advantages, facilities or privileges of any educational institution without discrimination. (2) Any person who is injured by an intentional act of discrimination in violation of subsection (1)(b), (c), (d) or (e) of this section may file a civil action in a court of competent jurisdiction to enjoin further violations, to recover compensatory and punitive damages, and, in the discretion of the court, to recover the cost of litigation and reasonable attorney's fees. (3) (a) Any individual who is injured by employment discrimination by an employer in violation of subsection (1)(a) of this section may file a civil action in a court of competent jurisdiction, which may issue an order prohibiting the discriminatory practices, provide affirmative relief from the effects of the practices and award back pay, interest on back pay, and, at the discretion of the court, the cost of litigation and reasonable attorney's fees. No liability for back pay shall accrue from a date more than two (2) years before the filing of an action. (b) In addition to the remedies under subsection (3)(a) of this section, any individual who is injured by intentional discrimination by an employer in violation of subsection (1)(a) of this section shall be entitled to recover compensatory and punitive damages. (4) Subsection (1)(a) does not apply to the employment of an individual of a particular religion by a religious corporation, association or society to perform work connected with the performance of religious activities by the corporation, association or society. (5) This act shall not be construed to limit any other remedies available under law. SECTION 4. This act shall take effect and be in force from and after July 1, 2019.