Chapter 252 |
2023 -- S 0342 AS AMENDED Enacted 06/22/2023 |
A N A C T |
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES |
Introduced By: Senators DiMario, Euer, Murray, Gu, Valverde, Lauria, Ujifusa, LaMountain, and Lawson |
Date Introduced: February 16, 2023 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 28-5-6 and 28-5-7 of the General Laws in Chapter 28-5 entitled |
"Fair Employment Practices" are hereby amended to read as follows: |
28-5-6. Definitions. |
When used in this chapter: |
(1) “Age” means anyone who is at least forty (40) years of age. |
(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or |
on the basis of pregnancy, childbirth, or related medical conditions, and women affected by |
pregnancy, childbirth, or related medical conditions shall be treated the same for all employment |
related purposes, including receipt of benefits under fringe benefit programs, as other persons not |
so affected but similar in their ability or inability to work, and nothing in this chapter shall be |
interpreted to permit otherwise. |
(3) “Commission” means the Rhode Island commission against discrimination created by |
this chapter. |
(4) "Confidential" means to remain secret and not to be disclosed to another person or |
entity. |
(4)(5) “Conviction” means, for the purposes of this chapter only, any verdict or finding of |
guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. |
(5)(6) “Disability” means a disability as defined in § 42-87-1. |
(6)(7) “Discriminate” includes segregate or separate. |
(7)(8) “Employee” does not include any individual employed by his or her parents, spouse, |
or child, or in the domestic service of any person. |
(8)(9)(i) “Employer” includes the state and all political subdivisions of the state and any |
person in this state employing four (4) or more individuals, and any person acting in the interest of |
an employer directly or indirectly. |
(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, |
association, educational institution, or society with respect to the employment of individuals of its |
religion to perform work connected with the carrying on of its activities. |
(9)(10) “Employment agency” includes any person undertaking, with or without |
compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees. |
(10)(11) “Firefighter” means an employee the duties of whose position include work |
connected with the control and extinguishment of fires or the maintenance and use of firefighting |
apparatus and equipment, including an employee engaged in this activity who is transferred or |
promoted to a supervisory or administrative position. |
(11)(12) “Gender identity or expression” includes a person’s actual or perceived gender, |
as well as a person’s gender identity, gender-related self image, gender-related appearance, or |
gender-related expression; whether or not that gender identity, gender-related self image, gender- |
related appearance, or gender-related expression is different from that traditionally associated with |
the person’s sex at birth. |
(12)(13) “Labor organization” includes any organization that exists for the purpose, in |
whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms |
or conditions of employment, or of other mutual aid or protection in relation to employment. |
(13)(14) “Law enforcement officer” means an employee the duties of whose position |
include investigation, apprehension, or detention of individuals suspected or convicted of offenses |
against the criminal laws of the state, including an employee engaged in such activity who is |
transferred or promoted to a supervisory or administrative position. For the purpose of this |
subdivision, “detention” includes the duties of employees assigned to guard individuals |
incarcerated in any penal institution. |
(15) "Non-disparagement agreement" means an agreement which restricts an individual |
from taking any action to include, but not be limited to, speaking or publicizing information that |
negatively impacts the other party to the agreement to include the reputation, products, services, |
employees, and management of the protected party. |
(14)(16) “Person” includes one or more individuals, partnerships, associations, |
organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. |
(15)(17) “Religion” includes all aspects of religious observance and practice, as well as |
belief, unless an employer, union, or employment agency demonstrates that it is unable to |
reasonably accommodate to an employee’s or prospective employee’s or union member’s religious |
observance or practice without undue hardship on the conduct of its business. |
(16)(18) “Sexual orientation” means having or being perceived as having an orientation for |
heterosexuality, bisexuality, or homosexuality. |
(17)(19) The terms, as used regarding persons with disabilities: |
(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same |
meaning as those items are defined in § 42-87-1.1; and |
(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1. |
28-5-7. Unlawful employment practices. |
It shall be an unlawful employment practice: |
(1) For any employer: |
(i) To refuse to hire any applicant for employment because of his or her race or color, |
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
ancestral origin; |
(ii) Because of those reasons, to discharge an employee or discriminate against him or her |
with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any |
other matter directly or indirectly related to employment. However, if an insurer or employer |
extends insurance-related benefits to persons other than or in addition to the named employee, |
nothing in this subdivision shall require those benefits to be offered to unmarried partners of named |
employees; |
(iii) In the recruiting of individuals for employment or in hiring them, to utilize any |
employment agency, placement service, training school or center, labor organization, or any other |
employee referring source that the employer knows, or has reasonable cause to know, discriminates |
against individuals because of their race or color, religion, sex, sexual orientation, gender identity |
or expression, disability, age, or country of ancestral origin; |
(iv) To refuse to reasonably accommodate an employee’s or prospective employee’s |
disability unless the employer can demonstrate that the accommodation would pose a hardship on |
the employer’s program, enterprise, or business; or |
(v) When an employee has presented to the employer an internal complaint alleging |
harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual |
orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a |
timely manner in writing to that employee the disposition of the complaint, including a description |
of any action taken in resolution of the complaint; provided, however, no other personnel |
information shall be disclosed to the complainant; or |
(vi) To require an employee as a condition of employment, to execute a nondisclosure |
agreement that requires alleged violations of civil rights remain confidential, or a non- |
disparagement agreement concerning alleged violations of civil rights or alleged unlawful conduct, |
or any agreement with a clause that requires alleged violations of civil rights remain confidential. |
Any contract provision in violation of this subsection shall be void as a violation of public policy.; |
(2)(i) For any employment agency to fail or refuse to properly classify or refer for |
employment or otherwise discriminate against any individual because of his or her race or color, |
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
ancestral origin; or |
(ii) For any employment agency, placement service, training school or center, labor |
organization, or any other employee referring source to comply with an employer’s request for the |
referral of job applicants if the request indicates, either directly or indirectly, that the employer will |
not afford full and equal employment opportunities to individuals regardless of their race or color, |
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
ancestral origin; |
(3) For any labor organization: |
(i) To deny full and equal membership rights to any applicant for membership because of |
his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, |
age, or country of ancestral origin; |
(ii) Because of those reasons, to deny a member full and equal membership rights, expel |
him or her from membership, or otherwise discriminate in any manner against him or her with |
respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or |
any other matter directly or indirectly related to membership or employment, whether or not |
authorized or required by the constitution or bylaws of the labor organization or by a collective |
labor agreement or other contract; |
(iii) To fail or refuse to classify properly or refer for employment, or otherwise to |
discriminate against any member because of his or her race or color, religion, sex, sexual |
orientation, gender identity or expression, disability, age, or country of ancestral origin; or |
(iv) To refuse to reasonably accommodate a member’s or prospective member’s disability |
unless the labor organization can demonstrate that the accommodation would pose a hardship on |
the labor organization’s program, enterprise, or business; |
(4) Except where based on a bona fide occupational qualification certified by the |
commission or where necessary to comply with any federal mandated affirmative action programs, |
for any employer or employment agency, labor organization, placement service, training school or |
center, or any other employee referring source, prior to employment or admission to membership |
of any individual, to: |
(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her |
race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or |
country of ancestral origin; |
(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, |
gender identity or expression, disability, age, or country of ancestral origin; |
(iii) Use any form of application for employment, or personnel or membership blank |
containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual |
orientation, gender identity or expression, disability, age, or country of ancestral origin; |
(iv) Print or publish, or cause to be printed or published, any notice or advertisement |
relating to employment or membership indicating any preference, limitation, specification, or |
discrimination based upon race or color, religion, sex, sexual orientation, gender identity or |
expression, disability, age, or country of ancestral origin; or |
(v) Establish, announce, or follow a policy of denying or limiting, through a quota system |
or otherwise, employment or membership opportunities of any group because of the race or color, |
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
ancestral origin of that group; |
(5) For any employer or employment agency, labor organization, placement service, |
training school or center, or any other employee referring source to 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; |
(6) For any person, whether or not an employer, employment agency, labor organization, |
or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to |
be an unlawful employment practice, or to obstruct or prevent any person from complying with the |
provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or |
indirectly to commit any act declared by this section to be an unlawful employment practice; |
(7) For any employer to include on any application for employment, except applications |
for law enforcement agency positions or positions related to law enforcement agencies, a question |
inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been |
arrested, charged with or convicted of any crime; provided, that: |
(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification |
from employment based on a person’s conviction of one or more specified criminal offenses, an |
employer may include a question or otherwise inquire whether the applicant has ever been |
convicted of any of those offenses; or |
(ii) If a standard fidelity bond or an equivalent bond is required for the position for which |
the applicant is seeking employment and his or her conviction of one or more specified criminal |
offenses would disqualify the applicant from obtaining such a bond, an employer may include a |
question or otherwise inquire whether the applicant has ever been convicted of any of those |
offenses; and |
(iii) Notwithstanding, any employer may ask an applicant for information about his or her |
criminal convictions at the first interview or thereafter, in accordance with all applicable state and |
federal laws; |
(8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment |
or by making contributions to a fringe benefit fund or insurance program, benefits in violation with |
§§ 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 |
there is an applicable collective bargaining agreement in effect on June 7, 1988, until the |
termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5- |
38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either |
directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance |
program. |
(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers |
and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28- |
5-38 may be made by employers and employees in the same proportion. |
(iii) Nothing in this section shall prevent the readjustment of benefits or compensation for |
reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38. |
SECTION 2. This act shall take effect upon passage. |
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LC001065 |
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