This bill amends the Civil Rights Act of 1990 to define anti-Semitism for use by the state human affairs commission in investigating discrimination complaints and by the commission against prejudice and bias in defining hate crimes. The definition of anti-Semitism is based on the International Holocaust Remembrance Alliance's working definition adopted on May 26, 2016, and includes contemporary examples identified by the Alliance. It specifies that criticism of Israel, when similar to that directed at other countries, does not constitute anti-Semitism.
The bill also mandates that state officials and institutions consider this definition when reviewing or investigating instances of discrimination to determine if they were motivated by anti-Semitic intent. It clarifies that a discriminatory act includes any harassing conduct that is severe, pervasive, or persistent enough to interfere with a victim's ability to participate in or benefit from services, activities, opportunities, or privileges.
Additionally, the bill includes provisions to ensure that the definition of anti-Semitism does not diminish First Amendment rights or conflict with existing federal or state discrimination laws. The act will take effect upon passage.
Statutes affected: 2300: 42-112-1