Page 153 - An Indispensible Resource for Being a Credible Activist

ened the definition of “discrimination” by bringing within its scope the concept of a gender-
related identity, appearance, expression, or behavior of an individual. Florida expanded the
exemption regarding privacy of information contained in discrimination complaints from
applying only to executive branch agencies to now include all State agencies and the times
such data may become available to the public. The exemption applies until (1) a finding has
been made relating to probable cause; (2) the complaint has become inactive; or (3) the
complaint or other record is made part of the official record of any hearing or court proceed-
ing. The Kansas Department of Labor is now permitted to establish the rules and regulations
necessary to enforce State laws that prohibit employment discrimination relating to victims
of domestic violence or sexual abuse. Louisiana added a section to its statutes that stipu-
lates a 1-year prescriptive period for a discrimination case, but the period may be suspended
if an administrative review or investigation of the claim conducted by the Federal Equal
Employment Opportunity Commission on Human Rights is pending. In Maryland, if a civil
action is filed no more than two years after the occurrence of an alleged act of discrimina-
tion, then the filing of the civil action shall serve to automatically terminate any proceeding
before the State Human Relations Commission. New Jersey made it unlawful for employers
to discriminate against employees because of religious practices.
Human trafficking. The California Civil Code was amended by the addition of a section
that prohibits an employer from deducting from an employee’s wages the employer’s cost of
helping the employee emigrate and transporting the employee to the United States. Hawaii
statutes expanded the definition of “kidnapping” to include unlawfully obtaining the labor
or services of a person, regardless of whether the action related to the collection of debt.
Such activity by an employer results in the employer’s committing extortion. Illinois enacted
a new law that will assist victims of trafficking in the State by allowing Federal resources to
be used to prosecute local offenders. The Maine Revised Statutes were amended to define a
“human trafficking offense” as kidnapping or criminal restraint. Tennessee created the Class
B felony “trafficking offense” for the activity wherein a person knowingly subjects or main-
tains another in labor servitude or sexual servitude. Utah statutes now state that an individ-
ual commits human trafficking for forced labor or forced sexual exploitation by recruiting,
harboring, transporting, or obtaining a person through the use of force, fraud, or coercion
by various means. Such action is considered a second-degree felony, except when it is
judged to be aggravated in nature, in which case it is considered a first-degree felony.
Immigration protections. Arizona State or local agencies responsible for issuing licenses
are now required to verify that the applicant is lawfully present in the United States. In addi-
tion, the State expanded the scope of the crime of identity theft to include knowingly accept-
ing the identity of another person if, when hiring an employee, the person doing the hiring
knowingly accepts any personal identifying information of another person from the prospec-
tive employee, knowing that the prospective employee is not the person identified, and if
the person doing the hiring uses the said information for work authorization under Federal
law. Prospective contractors in Colorado, prior to executing a contract for services with a
State agency or a political subdivision thereof, shall certify that, at the time of certification,
they are not knowingly employing or contracting with an illegal alien who will perform
work under the contract for services. In addition, the Colorado Commission on Fire
Protection Standards is required to implement a voluntary statewide certified volunteer fire-

136 The H R Toolkit