2019 -- H 5342

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LC000674

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES

     Introduced By: Representatives Shanley, Tanzi, Cortvriend, Shekarchi, and Lyle

     Date Introduced: February 07, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 28-5 of the General Laws entitled "Fair Employment Practices" is

hereby amended by adding thereto the following section:

     28-5-44. Reporting required.

     Any unlawful employment practice established pursuant to this chapter shall be recorded

by the director who shall annually on or before September 1 of each year report the violations of

chapter 5 of this title including the department or agency and the violation so recorded to the

governor, the speaker of the house and the president of the senate.

     SECTION 2. Section 28-5.1-3 of the General Laws in Chapter 28-5.1 entitled "Equal

Opportunity and Affirmative Action" is hereby amended to read as follows:

     28-5.1-3. Affirmative action.

     (a) The state equal opportunity office shall assign an equal opportunity officer as a liaison

to agencies of state government.

     (b) Each state department or agency, excluding the legislative branch of state

government, shall annually prepare an affirmative action plan. These plans shall be prepared in

accordance with the criteria and deadlines set forth by the state equal opportunity office. These

deadlines shall provide, without limitation, that affirmative action plans for each fiscal year be

submitted to the state equal opportunity office and the house fiscal advisor no later than March

31. These plans shall be submitted to and shall be subject to review and approval by the state

equal opportunity office.

     (c) Any affirmative action plan required under this section deemed unsatisfactory by the

state equal opportunity office shall be withdrawn and amended according to equal opportunity

office criteria, in order to attain positive measures for compliance. The state equal opportunity

office shall make every effort by informal conference, conciliation and persuasion to achieve

compliance with affirmative action requirements.

     (d) The state equal opportunity office shall effect and promote the efficient transaction of

its business and the timely handling of complaints and other matters before it, and shall make

recommendations to appropriate state officials for affirmative action steps towards the

achievement of equal opportunity.

     (e) The state equal opportunity administrator shall serve as the chief executive officer of

the state equal opportunity office, and shall be responsible for monitoring and enforcing all equal

opportunity laws, programs, and policies within state government.

     (f) No later than July 1 each state department or agency, excluding the legislative branch

of state government, shall submit to the state equal opportunity office and the house fiscal advisor

sufficient data to enable the state equal opportunity office and the house fiscal advisor to

determine whether the agency achieved the hiring goals contained in its affirmative action plan

for the previous year. If the hiring goals contained in the previous year's plan were not met, the

agency shall also submit with the data a detailed explanation as to why the goals were not

achieved.

     (g) Standards for review of affirmative action plans shall be established by the state equal

opportunity office, except where superseded by federal law.

     (h) For purposes of this section, "agency" includes, without limitation, all departments,

public and quasi-public agencies, authorities, boards, and commissions of the state, excluding the

legislative branch of state government.

     (i) The state equal opportunity office shall continually review all policies, procedures,

and practices for tendencies to discriminate and for institutional or systemic barriers for equal

opportunity, and it shall make recommendations with reference to any tendencies or barriers in its

annual reports to the governor and the general assembly.

     (j) Relevant provisions of this section also apply to expanding the pool of applicants for

all positions where no list exists. The equal opportunity administrator is authorized to develop

and implement recruitment plans to assure that adequate consideration is given to qualified

minority applicants in those job categories where a manifest imbalance exists, excluding those job

categories in the legislative branch of state government.

     SECTION 3. Chapter 28-5.1 of the General Laws entitled "Equal Opportunity and

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Affirmative Action" is hereby amended by adding thereto the following section:

     28-5.1-18. Reporting required.

     Each state department or agency shall annually on or before September 1 of each year

report alleged violations of chapters 5 and/or 5.1 of this title, and any alleged employment

discrimination or alleged violation of any affirmative action plan required pursuant to § 28-5.1-3,

by any state employee, agent or contractor. An alleged violation shall include, but not be limited

to, the filing of a lawsuit or grievance, a complaint or report to any administrative agency or a

complaint or notice provided to a supervisor or management personnel. The report shall be

provided to the office of diversity, equality and opportunity. The office of diversity, equality and

opportunity shall summarize and provide the reported information to the governor, speaker of the

house and president of the senate.

     SECTION 4. 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 AND LABOR RELATIONS - FAIR EMPLOYMENT PRACTICES

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     This act would create a reporting requirement for state agencies and departments for

violations of the fair employment practices chapter and the equal opportunity and affirmative

action chapter. The act would also remove the legislative branch exclusion from the "agency"

definition.

     This act would take effect upon passage.

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