2012 -- S 2678

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LC01076

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

     Introduced By: Senators Metts, Pichardo, Jabour, Crowley, and Miller

     Date Introduced: March 01, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair

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Employment Practices" is hereby amended to read as follows:

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     28-5-6. Definitions. -- When used in this chapter:

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      (1) "Age" means anyone who is at least forty (40) years of age.

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      (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or

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on the basis of pregnancy, childbirth, or related medical conditions, and women affected by

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pregnancy, childbirth, or related medical conditions shall be treated the same for all employment

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related purposes, including receipt of benefits under fringe benefit programs, as other persons not

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so affected but similar in their ability or inability to work, and nothing in this chapter shall be

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interpreted to permit otherwise.

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      (3) "Commission" means the Rhode Island commission against discrimination created by

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this chapter.

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     (4) "Conviction" means an adjudication by a court of competent jurisdiction that the

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defendant committed a crime.

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     (5) "Direct relationship" means that the nature of the criminal conduct for which the

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person was convicted has a direct bearing on his or her fitness or ability to perform one or more

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of the duties or responsibilities necessarily related to the license or employment sought.

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     (4) (6) "Disability" means a disability as defined in section 42-87-1.

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      (5) (7) "Discriminate" includes segregate or separate.

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      (6) (8) "Employee" does not include any individual employed by his or her parents,

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spouse, or child, or in the domestic service of any person.

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      (7) (9) (i) "Employer" includes the state and all political subdivisions of the state and any

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person in this state employing four (4) or more individuals, and any person acting in the interest

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of an employer directly or indirectly.

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      (ii) Nothing in this subdivision shall be construed to apply to a religious corporation,

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association, educational institution, or society with respect to the employment of individuals of its

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religion to perform work connected with the carrying on of its activities.

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     (10) "Employment" means any occupation, vocation, or employment or any form of

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vocational or educational training. "Employment" as used herein shall not include membership in

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any law enforcement agency.

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     (8) (11) "Employment agency" includes any person undertaking with or without

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compensation to procure opportunities to work, or to procure, recruit, refer, or place employees.

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      (9) (12) "Firefighter" means an employee the duties of whose position includes work

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connected with the control and extinguishment of fires or the maintenance and use of firefighting

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apparatus and equipment, including an employee engaged in this activity who is transferred or

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promoted to a supervisory or administrative position.

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      (10) (13) "Gender identity or expression" includes a person's actual or perceived gender,

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as well as a person's gender identity, gender-related self image, gender-related appearance, or

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gender-related expression; whether or not that gender identity, gender-related self image, gender-

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related appearance, or gender-related expression is different from that traditionally associated

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with the person's sex at birth.

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      (11) (14) "Labor organization" includes any organization which exists for the purpose, in

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whole or in part, of collective bargaining or of dealing with employers concerning grievances,

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terms or conditions of employment, or of other mutual aid or protection in relation to

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employment.

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      (12) (15) "Law enforcement officer" means an employee the duties of whose position

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include investigation, apprehension, or detention of individuals suspected or convicted of

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offenses against the criminal laws of the state, including an employee engaged in such activity

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who is transferred or promoted to a supervisory or administrative position. For the purpose of this

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subdivision, "detention" includes the duties of employees assigned to guard individuals

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incarcerated in any penal institution.

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     (16) "License" means any certificate, license, permit or grant of permission required by

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the laws of this state, its political subdivisions, or instrumentalities as a condition for the lawful

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practice of any occupation, employment, trade, vocation, business or profession. "License" shall

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not include any license or permit to own, possess, or carry a pistol, handgun, rifle, shotgun or

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other firearm.

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     (13) (17) "Person" includes one or more individuals, partnerships, associations,

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organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

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     (18) "Public agency" means the state or any local subdivision thereof, or any state or

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local department, agency, board or commission.

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     (19) "Private employer" means any person, company, corporation, labor organization or

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association.

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     (14) (20) "Religion" includes all aspects of religious observance and practice, as well as

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belief, unless an employer, union or employment agency demonstrates that it is unable to

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reasonably accommodate to an employee's or prospective employee's or union member's religious

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observance or practice without undue hardship on the conduct of its business.

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      (15) (21) "Sexual orientation" means having or being perceived as having an orientation

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for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the

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status of persons and does not render lawful any conduct prohibited by the criminal laws of this

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state nor impose any duty on a religious organization. This definition does not confer legislative

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approval of that status, but is intended to assure the basic human rights of persons to obtain and

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hold employment, regardless of that status.

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     (16)(22) The terms, as used regarding persons with disabilities:

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     (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same

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meaning as those items are defined in section 42-87-1.1; and

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     (ii) "Hardship" means an "undue hardship" as defined in section 42-87-1.1.

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     SECTION 2. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

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hereby amended by adding thereto the following section:

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     28-5-41.2. Right to fair employment practices -- Previous criminal offenses. – (a) No

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application for any license or employment from any public agency or private employer shall be

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denied by reason of the applicant's having been previously convicted of one or more criminal

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offenses, unless:

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     (1) There is a direct causal relationship between one or more of the previous criminal

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offenses and the specific license or employment sought.

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     (2) The employment is in the area of law enforcement or corrections or a law

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enforcement agency.

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     (3) The individual is not bondable under a standard fidelity bond or an equivalent bond

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where such bond is required by state or federal law, or established administrative regulation or

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established business practice of the employer.

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     (4) The issuance of the license or granting of the employment would involve an

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unreasonable risk to property or to the safety or welfare of specific individuals or the general

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public.

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     (b) When determining if there is a direct causal relationship between the criminal offense

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and the specific license or employment being sought, the employer must take into consideration

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the following:

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     (1) The public policy to encourage the licensure and employment or persons previously

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convicted of one or more criminal offenses and thus encourage people with criminal histories to

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find gainful employment.

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     (2) The time that has elapsed since the occurrence of the criminal offense or offenses.

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     (3) The age of the person at the time of the offense and the age of the person currently.

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     (4) Any information produced by the person, or produced on his behalf, in regard to his

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rehabilitation and good conduct.

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     (5) A finding of "moral turpitude" or "lack of good moral character" based solely on a

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criminal conviction is not sufficient cause for denying license or employment.

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     (c) This section supersedes all provisions of the general laws, including all provisions of

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title 5 which discriminate based upon the existence of a prior criminal record. Any employment

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decision as outlined in title 5 which rely on criminal records, a finding of "moral turpitude" or

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"lack of good moral character" shall follow the guidelines as set forth in this section.

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     (d) No employer shall be liable for any employment decision, or decision to enter into a

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contract with an independent contractor that has been made according to the terms of this section.

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     (e) At the request of any person previously convicted of one or more criminal offense

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who has been denied a license or employment, a public agency or private employer shall provide,

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within thirty (30) days of the written request, a written statement setting forth the reason for such

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a denial.

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     SECTION 3. This act shall take effect upon passage.

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LC01076

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

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     This act would prohibit an employer from refusing to hire a person based solely on the

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existence of a criminal record, with some exceptions, or for a governmental agency from denying

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an individual a license to work in a particular trade or business based solely on that individual

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having a criminal record, with certain exceptions.

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     This act would take effect upon passage.

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LC01076

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