2018 -- H 8279

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LC005848

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

     

     Introduced By: Representatives Tanzi, Ajello, Walsh, Casimiro, and Messier

     Date Introduced: June 01, 2018

     Referred To: House Labor

     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.

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     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, for the purposes of this chapter only, any verdict or finding of

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guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge.

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     (5) "Disability" means a disability as defined in § 42-87-1.

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     (6) "Discriminate" includes segregate or separate.

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

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or child, or in the domestic service of any person includes any individual under the direction and

 

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control of an employer under any appointment or contract of hire or apprenticeship, express or

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implied, oral or written.

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     (i) "Employee" does not include any individual employed by their parents, by their

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spouse, or by their child.

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     (ii) "Employee" for purposes of this section shall include volunteers and unpaid interns.

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     (8) (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) one or more individuals, and any person acting in the

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interest 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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     (9) "Employment agency" includes any person undertaking with or without compensation

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

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

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

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investigation, apprehension, or detention of individuals suspected or convicted of offenses against

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the criminal laws of the state, including an employee engaged in such activity who is transferred

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or promoted to a supervisory or administrative position. For the purpose of this subdivision,

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"detention" includes the duties of employees assigned to guard individuals incarcerated in any

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penal institution.

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     (14) "Person" includes one or more individuals, partnerships, associations, organizations,

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

 

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     (15) "Religion" includes all aspects of religious observance and practice, as well as belief,

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

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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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     (16) "Sexual orientation" means having or being perceived as having an orientation for

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

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persons and does not render lawful any conduct prohibited by the criminal laws of this state nor

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impose any duty on a religious organization. This definition does not confer legislative approval

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

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employment, regardless of that status.

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     (17) 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 § 42-87-1.1; and

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

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     SECTION 2. 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 expand and clarify the definition of employees for purposes of the fair

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employment practices chapter.

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     This act would take effect upon passage.

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