Mississippi Civil Rights Act; enact.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2359

AN ACT TO ENACT THE MISSISSIPPI CIVIL RIGHTS ACT; TO DEFINE 1
TERMS; TO PROVIDE THAT THE RIGHT OF A PERSON TO BE FREE FROM 2
DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, NATIONAL ORIGIN, 3
IMMIGRANT STATUS, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, 4
DISABILITY OR FAMILIAL STATUS IS A CIVIL RIGHT; TO PROVIDE 5
REMEDIES FOR VIOLATIONS; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. For the purposes of this act, the following terms 8
shall have the following meanings: 9
(a) "Religion" means aspects of religious belief, 10
observance and practice. 11
(b) "National origin" means an individual's or the 12
individual's ancestor's place of origin. 13
(c) "Immigrant status" means a representation made by 14
an individual, or determination made by the appropriate government 15
authority, that an individual present in the United States is not 16
a citizen or national of the United States. This status would 17
also indicate whether the individual was in the United States with 18
or without authorization. 19
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(d) "Sexual orientation" means actual or perceived 20
homosexuality, heterosexuality or bisexuality. 21
(e) "Gender identity" means the actual or perceived 22
gender-related identity, expression, appearance, or mannerisms or 23
other gender-related characteristics of an individual, regardless 24
of the designated sex at birth of the individual. 25
(f) "Disability" means a physical or mental impairment 26
that substantially limits a major life function. The term does 27
not include any of the following: 28
(i) Compulsive gambling, kleptomania, or 29
pyromania; 30
(ii) Current use of illegal drugs or psychoactive 31
substance use disorder resulting from illegal use of drugs; and 32
(iii) Alcoholism. 33
(g) "Familial status" means one or more individuals who 34
have not attained the age of eighteen (18) years being domiciled 35
with: 36
(i) A parent or another person having legal 37
custody of the individual or individuals; or 38
(ii) The designee of the parent or other person 39
having custody, with the written permission of the parent or other 40
person. 41
The protections afforded against discrimination on the basis 42
of familial status apply to any person who is pregnant or is in 43
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the process of securing legal custody of any individual who has 44
not attained the age of eighteen (18) years. 45
(h) "Compensatory damages" means damages for mental 46
anguish, loss of dignity, and other intangible injuries. The term 47
does not include punitive damages. 48
(i) "Punitive damages" means damages for malicious or 49
heinous and intentional actions or inactions. 50
(j) "Employee" does not include any of the following: 51
(i) Any individual employed by his or her parents, 52
spouse, or child; 53
(ii) An individual participating in a specialized 54
employment training program conducted by a nonprofit sheltered 55
workshop or rehabilitation facility; and 56
(iii) An individual employed outside of this 57
state. 58
(k) "Employer" means a person who employs nine (9) or 59
more employees in the state for twenty (20) or more calendar weeks 60
in the current or preceding calendar year, or any agent of an 61
employer. 62
(l) "Place of public resort, accommodation, assemblage, 63
or amusement" means any place, store, or other establishment, 64
either licensed or unlicensed, that supplies accommodations, 65
goods, or services to the general public, or that solicits or 66
accepts the patronage or trade of the general public, or that is 67
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supported directly or indirectly by government funds. The term 68
does not include any of the following: 69
(i) Any lodging establishment which contains not 70
more than five (5) rooms for rent and which is actually occupied 71
by the proprietor of such establishment as a residence; 72
(ii) Any private club or other establishment not, 73
in fact, open to the public; and 74
(iii) House of worship. 75
(m) "Educational institution" means any public 76
educational institution, including any academy, college, 77
elementary or secondary school, extension course, charter school, 78
magnet school, kindergarten, nursery, school district, university, 79
professional school, or vocational school. 80
SECTION 2. (1) The right of an otherwise qualified person 81
to be free from discrimination, defined as the denial of equal 82
treatment or equal protection to persons in a similar situation 83
because of race, color, religion, national origin, immigrant 84
status, sex, sexual orientation, gender identity, disability, or 85
familial status, is recognized as and declared to be a civil 86
right. This right shall include, but not be limited to, all of 87
the following: 88
(a) The right to obtain and hold employment without 89
discrimination. 90
(b) The right to the full enjoyment of any of the 91
accommodations, advantages, facilities, or privileges of any place 92
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of public resorts, accommodation, assemblage, or amusement without 93
discrimination. 94
(c) The right to engage in property transactions, 95
including to obtain housing, without discrimination. 96
(d) The right to engage in credit and other contractual 97
transactions without discrimination. 98
(e) The right to the full enjoyment of any of the 99
accommodations, advantages, facilities, or privileges of an 100
educational institution without discrimination. 101
(2) Any person who is injured by an intentional act of 102
discrimination in violation of subsection (1)(b) through (e) of 103
this section may file a civil action in a court of competent 104
jurisdiction to enjoin further violations, to recover compensatory 105
and punitive damages under Section 11-1-65, and, in the discretion 106
of the court, to recover the cost of litigation and reasonable 107
attorney's fees. 108
(3) (a) (i) Any individual who is injured by employment 109
discrimination by an employer in violation of subsection (1)(a) of 110
this section may file a civil action in a court of competent 111
jurisdiction, which may issue an order prohibiting the 112
discriminatory practices and provide affirmative relief from the 113
effects of the practices, and award back pay, interest on back 114
pay, and, at the discretion of the court, the cost of litigation 115
and reasonable attorney's fees; and 116
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ST: Mississippi Civil Rights Act; enact.
(ii) No liability for back pay shall accrue from a 117
date more than two (2) years before the filing of an action. 118
(b) In addition to the remedies under paragraph (a)(i) 119
of this subsection, any individual who is injured by intentional 120
discrimination by an employer in violation of subsection (1)(a) of 121
this section shall be entitled to recover compensatory damages and 122
punitive damages. 123
(4) Subsection (1)(a) of this section does not apply to the 124
employment of an individual of a particular religion by a 125
religious corporation, association or society to perform work 126
connected with the performance of religious activities by the 127
corporation, association or society. 128
(5) This act may not be construed to limit any other 129
remedies available under law. 130
SECTION 3. This act shall take effect and be in force from 131
and after July 1, 2026. 132