The proposed bill, titled the "Respect for Physical Differences Act," aims to prohibit employers from making employment decisions based on certain physical characteristics, including body type, degree of physical fitness, and appearance. It defines "appearance" to encompass various aspects such as gender expression, religious or ethnic hairstyles, headdresses, facial hair, and clothing style. Employers are explicitly barred from discharging, refusing to hire, or discriminating against individuals based on these characteristics, unless they can demonstrate that such traits are bona fide occupational requirements necessary for the job.
Additionally, the bill includes provisions against retaliation, ensuring that individuals cannot be discriminated against for filing complaints or participating in investigations related to violations of the act. It also prohibits employers from requiring employees or applicants to waive their rights under this act, rendering any such agreements void. Individuals harmed by violations of the act are granted the right to pursue civil action for injunctive relief or damages, with the possibility of recovering attorney fees if they prevail in court. The act applies to collective bargaining and employment agreements entered into or renewed after its effective date.