2014 -- H 7450

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LC003806

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO LABOR - LABOR RELATIONS AND HOUSING DISCRIMINATION

     Introduced By: Representatives Shekarchi, Almeida, and Carnevale

     Date Introduced: February 12, 2014

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-5-7.3 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby amended to read as follows:

     28-5-7.3. Discriminatory practice need not be sole motivating factor. -- An unlawful

employment practice may be established in an action or proceeding under this chapter when the

complainant demonstrates that race, color, religion, sex, sexual orientation, gender identity or

expression, disability, age, or country of ancestral origin, or any activity protected by § 28.5-5-

7(5) was a motivating factor for any employment practice, even though the practice was also

motivated by other factors. Nothing contained in this section shall be construed as requiring direct

evidence of unlawful intent or as limiting the methods of proof of unlawful employment practices

under section 28-5-7.

     SECTION 2. Chapter 11-24 of the General Laws entitled "Hotels And Public Places" is

hereby amended by adding thereto the following sections:

     11-24-2.4. Interference, coercion, or intimidation. -- It shall be unlawful to coerce,

intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of

his or her having exercised or enjoyed, or on account of his or her having aided or encouraged

any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of

any place of public accommodation, resort, or amusement shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this chapter, or

because he or she has made a charge, testified, or assisted in any manner in any investigation,

proceeding, or hearing under this chapter.

     11-24-2.5. Discriminatory practice need not be sole motivating factor. -- An unlawful

practice may be established in an action or proceeding under this chapter when the complainant

demonstrates that race, color, religion, sex, sexual orientation, gender identity or expression,

disability, age or country of ancestral origin, or any activity protected by § 11-24-2.4, was a

motivating factor for any public accommodations practice, even though the practice was also

motivated by other factors. Nothing contained in this section shall be construed as requiring direct

evidence of unlawful intent or as limiting the methods of proof of unlawful practices under this

chapter.

     SECTION 3. Chapter 23-6.3 of the General Laws entitled "Prevention and Suppression

of Contagious Diseases - HIV/AIDS" is hereby amended by adding thereto the following

sections:

     23-6.3-11.1. Interference, coercion, or intimidation. -- It shall be unlawful to coerce,

intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of

his or her having exercised or enjoyed, or on account of his or her having aided or encouraged

any other person in the exercise or enjoyment of, any right granted or protected by this section or

§§ 23-6.3-11 or 23-6.3-12 of this chapter. No person or entity shall discriminate in any manner

against any individual because he or she has opposed any practice forbidden by this section or §

23-6.3-11, or because he or she has made a charge, testified, or assisted in any manner in any

investigation, proceeding, or hearing under this section or §§ 23-6.3-11 or 23-6.3-12.

     23-6.3-11.2. Discriminatory practice need not be sole motivating factor. -- An

unlawful practice may be established in an action or proceeding under §§ 23-6.3-11, 23-6.3-11.1

or 23-6.3-12 when the complainant demonstrates that a positive HIV test result, or perception of a

positive test or any activity protected by § 23-6.3-11.1, was a motivating factor for any practice,

even though the practice was also motivated by other factors. Nothing contained in this section

shall be construed as requiring direct evidence of unlawful intent or as limiting the methods of

proof of unlawful practices under §§ 23-6.3-11, 23-6.3-11.1 or 23-6.3-12.

     SECTION 4. Chapter 34-37 of the General Laws entitled "Rhode Island Fair Housing

Practices Act" is hereby amended by adding thereto the following section:

     34-37-5.5. Discriminatory practice need not be sole motivating factor. -- An unlawful

practice may be established in an action or proceeding under this chapter when the complainant

demonstrates that race, color, religion, sex. sexual orientation, gender identity or expression,

disability, age, country of ancestral origin, familial status, marital status, status as a victim of

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domestic abuse, housing status, or any activity protected by § 34-37-5.1, was a motivating factor

for any housing or credit practice, even though the practice was also motivated by other factors.

Nothing contained in this section shall be construed as requiring direct evidence of unlawful

intent or as limiting the methods of proof of unlawful practices under this chapter.

     SECTION 5. Chapter 40-9.1 of the General Laws entitled "Equal Rights of Blind and

Deaf Persons to Public Facilities" is hereby amended by adding thereto the following sections:

     40-9.1-7. Interference, coercion, or intimidation. -- It shall be unlawful to coerce,

intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of

his or her having exercised or enjoyed, or on account of his or her having aided or encouraged

any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

No person or entity shall discriminate in any manner against any individual because he or she has

opposed any practice forbidden by this chapter, or because he or she has made a charge, testified,

or assisted in any manner in any investigation, proceeding, or hearing under this chapter.

     40-9.1-8. Discriminatory practice need not be sole motivating factor. -- An unlawful

practice may be established in an action or proceeding under this chapter when the complainant

demonstrates that disability or any activity protected by this chapter, was a motivating factor for

any practice, even though the practice was also motivated by other factors. Nothing contained in

this section shall be construed as requiring direct evidence of unlawful intent or as limiting the

methods of proof of unlawful practices under this chapter.

     SECTION 6. Chapter 42-87 of the General Laws entitled "Civil Rights of People With

Disabilities" is hereby amended by adding thereto the following sections:

     42-87-3.1. Interference, coercion, or intimidation. -- It shall be unlawful to coerce,

intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of

his or her having exercised or enjoyed, or on account of his or her having aided or encouraged

any other person in the exercise or enjoyment of, any right granted or protected by this chapter.

No person or entity shall discriminate in any manner against any individual because he or she has

opposed any practice forbidden by this chapter, or because he or she has made a charge, testified,

or assisted in any manner in any investigation, proceeding, or hearing under this chapter.

     42-87-3.2. Discriminatory practice need not be sole motivating factor. -- An unlawful

practice may be established in an action or proceeding under this chapter when the complainant

demonstrates that disability, or any activity protected by § 42-87-3.1, was a motivating factor for

any practice, even though the practice was also motivated by other factors. Nothing contained in

this section shall be construed as requiring direct evidence of unlawful intent or as limiting the

methods of proof of unlawful practices under this chapter.

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     SECTION 7. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR - LABOR RELATIONS AND HOUSING DISCRIMINATION

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     This act would clarify that it is unlawful, under all the laws enforced by the Commission

for Human Rights, to retaliate against individuals because they have filed charges of

discrimination, testified or assisted in any investigation or hearing relating to discrimination or

opposed unlawful discriminatory practices. The act would also ensure that the cases of those who

allege retaliation are treated under the same standards as those alleging other forms of

discrimination and would establish a uniform standard for all the laws enforced by the

Commission for Human Rights.

     This act would take effect upon passage.

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