The proposed bill, known as the "Respect for Physical Differences Act," aims to prohibit employers from making employment decisions based on an individual's physical characteristics, appearance, or fitness. It defines "appearance" to include various aspects such as gender expression, religious or ethnic hairstyles, headdresses, facial hair, and clothing style. Employers are explicitly barred from discriminating against individuals regarding hiring, compensation, or employment conditions based on body type or physical fitness, unless such characteristics are bona fide occupational requirements. The burden of proof lies with the employer to demonstrate that any such requirement is 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 states that any waiver of rights under this act by an applicant or employee is void and unenforceable. Individuals harmed by violations of this act may seek civil action for damages or injunctive relief, with the court required to award costs and attorney fees to prevailing plaintiffs. The act applies to collective bargaining or employment agreements entered into or renewed after its effective date.