2017 -- S 0773 | |
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LC002411 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2017 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS - UNLAWFUL EMPLOYMENT | |
PRACTICES | |
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Introduced By: Senators Lombardi, Conley, McCaffrey, Ciccone, and Nesselbush | |
Date Introduced: April 12, 2017 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair |
2 | Employment Practices" is hereby amended to read as follows: |
3 | 28-5-7. Unlawful employment practices. |
4 | It shall be an unlawful employment practice: |
5 | (1) For any employer: |
6 | (i) To refuse to hire any applicant for employment because of his or her race or color, |
7 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
8 | ancestral origin; |
9 | (ii) Because of those reasons, to discharge an employee or discriminate against him or her |
10 | with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any |
11 | other matter directly or indirectly related to employment. However, if an insurer or employer |
12 | extends insurance related benefits to persons other than or in addition to the named employee, |
13 | nothing in this subdivision shall require those benefits to be offered to unmarried partners of |
14 | named employees; |
15 | (iii) In the recruiting of individuals for employment or in hiring them, to utilize any |
16 | employment agency, placement service, training school or center, labor organization, or any other |
17 | employee referring source which the employer knows, or has reasonable cause to know, |
18 | discriminates against individuals because of their race or color, religion, sex, sexual orientation, |
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1 | gender identity or expression, disability, age, or country of ancestral origin; |
2 | (iv) To refuse to reasonably accommodate an employee's or prospective employee's |
3 | disability unless the employer can demonstrate that the accommodation would pose a hardship on |
4 | the employer's program, enterprise, or business; or |
5 | (v) When an employee has presented to the employer an internal complaint alleging |
6 | harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual |
7 | orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a |
8 | timely manner in writing to that employee the disposition of the complaint, including a |
9 | description of any action taken in resolution of the complaint; provided, however, no other |
10 | personnel information shall be disclosed to the complainant. |
11 | (2) (i) For any employment agency to fail or refuse to properly classify or refer for |
12 | employment or otherwise discriminate against any individual because of his or her race or color, |
13 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
14 | ancestral origin; or |
15 | (ii) For any employment agency, placement service, training school or center, labor |
16 | organization, or any other employee referring source to comply with an employer's request for the |
17 | referral of job applicants if the request indicates either directly or indirectly that the employer will |
18 | not afford full and equal employment opportunities to individuals regardless of their race or color, |
19 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
20 | ancestral origin; |
21 | (3) For any labor organization: |
22 | (i) To deny full and equal membership rights to any applicant for membership because of |
23 | his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, |
24 | age, or country of ancestral origin; |
25 | (ii) Because of those reasons, to deny a member full and equal membership rights, expel |
26 | him or her from membership, or otherwise discriminate in any manner against him or her with |
27 | respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or |
28 | any other matter directly or indirectly related to membership or employment, whether or not |
29 | authorized or required by the constitution or bylaws of the labor organization or by a collective |
30 | labor agreement or other contract; |
31 | (iii) To fail or refuse to classify properly or refer for employment, or otherwise to |
32 | discriminate against any member because of his or her race or color, religion, sex, sexual |
33 | orientation, gender identity or expression, disability, age, or country of ancestral origin; or |
34 | (iv) To refuse to reasonably accommodate a member's or prospective member's disability |
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1 | unless the labor organization can demonstrate that the accommodation would pose a hardship on |
2 | the labor organization's program, enterprise, or business; |
3 | (4) Except where based on a bona fide occupational qualification certified by the |
4 | commission or where necessary to comply with any federal mandated affirmative action |
5 | programs, for any employer or employment agency, labor organization, placement service, |
6 | training school or center, or any other employee referring source, prior to employment or |
7 | admission to membership of any individual, to: |
8 | (i) Elicit or attempt to elicit any information directly or indirectly pertaining to his or her |
9 | race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or |
10 | country of ancestral origin; |
11 | (ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, |
12 | gender identity or expression, disability, age, or country of ancestral origin; |
13 | (iii) Use any form of application for employment, or personnel or membership blank |
14 | containing questions or entries directly or indirectly pertaining to race or color, religion, sex, |
15 | sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; |
16 | (iv) Print or publish or cause to be printed or published any notice or advertisement |
17 | relating to employment or membership indicating any preference, limitation, specification, or |
18 | discrimination based upon race or color, religion, sex, sexual orientation, gender identity or |
19 | expression, disability, age, or country of ancestral origin; or |
20 | (v) Establish, announce, or follow a policy of denying or limiting, through a quota system |
21 | or otherwise, employment or membership opportunities of any group because of the race or color, |
22 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
23 | ancestral origin of that group; |
24 | (5) For any employer or employment agency, labor organization, placement service, |
25 | training school or center, or any other employee referring source to discriminate in any manner |
26 | against any individual because he or she has opposed any practice forbidden by this chapter, or |
27 | because he or she has made a charge, testified, or assisted in any manner in any investigation, |
28 | proceeding, or hearing under this chapter; |
29 | (6) For any person, whether or not an employer, employment agency, labor organization, |
30 | or employee, to directly or indirectly commit any act declared by this section to be an unlawful |
31 | employment practice, or to aid, abet, incite, compel, or coerce the doing of any act declared by |
32 | this section to be an unlawful employment practice, it being the legislative intent that individuals |
33 | may be held personally liable for such conduct, including, but not limited to, individual |
34 | employees of employers; or to obstruct or prevent any person from complying with the provisions |
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1 | of this chapter or any order issued pursuant to this chapter, or to attempt directly or indirectly to |
2 | commit any act declared by this section to be an unlawful employment practice; |
3 | (7) For any employer to include on any application for employment, except applications |
4 | for law enforcement agency positions or positions related to law enforcement agencies, a question |
5 | inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been |
6 | arrested, charged with or convicted of any crime; provided, that: |
7 | (i) If a federal or state law or regulation creates a mandatory or presumptive |
8 | disqualification from employment based on a person's conviction of one or more specified |
9 | criminal offenses, an employer may include a question or otherwise inquire whether the applicant |
10 | has ever been convicted of any of those offenses; or |
11 | (ii) If a standard fidelity bond or an equivalent bond is required for the position for which |
12 | the applicant is seeking employment and his or her conviction of one or more specified criminal |
13 | offenses would disqualify the applicant from obtaining such a bond, an employer may include a |
14 | question or otherwise inquire whether the applicant has ever been convicted of any of those |
15 | offenses; and |
16 | (iii) Notwithstanding, any employer may ask an applicant for information about his or her |
17 | criminal convictions at the first interview or thereafter, in accordance with all applicable state and |
18 | federal laws. |
19 | (8) (i) For any person who, on June 7, 1988, is providing either by direct payment or by |
20 | making contributions to a fringe benefit fund or insurance program, benefits in violation with §§ |
21 | 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988 or if |
22 | there is an applicable collective bargaining agreement in effect on June 7, 1988, until the |
23 | termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5- |
24 | 38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either |
25 | directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance |
26 | program. |
27 | (ii) Where the costs of these benefits on June 7, 1988 are apportioned between employers |
28 | and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28- |
29 | 5-38 may be made by employers and employees in the same proportion. |
30 | (iii) Nothing in this section shall prevent the readjustment of benefits or compensation for |
31 | reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38. |
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1 | SECTION 2. This act shall take effect upon passage and the provisions of this act shall be |
2 | given retroactive as well as prospective effect and shall apply to all cases pending upon the |
3 | effective date of this act. |
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LC002411 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS - UNLAWFUL EMPLOYMENT | |
PRACTICES | |
*** | |
1 | This act would amend the fair employment practices act by clearly establishing that |
2 | employees of a defendant employer may be individually liable for unfair employment practices. |
3 | This act would take effect upon passage and the provisions of this act would be given |
4 | retroactive as well as prospective effect and would apply to all cases pending upon the effective |
5 | date of this act. |
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LC002411 | |
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