2018 -- H 8281

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LC005841

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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 Shanley, Tanzi, McEntee, Regunberg, and Vella-
Wilkinson

     Date Introduced: June 01, 2018

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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hereby amended by adding thereto the following section:

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     28-5-44. Reporting required.

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

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

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

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

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

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

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     28-5.1-3. Affirmative action.

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

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to agencies of state government.

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

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

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

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

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

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

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equal opportunity office.

 

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

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

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

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

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compliance with affirmative action requirements.

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

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

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recommendations to appropriate state officials for affirmative action steps towards the

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achievement of equal opportunity.

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

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

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opportunity laws, programs, and policies within state government.

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

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

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

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

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

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

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achieved.

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

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opportunity office, except where superseded by federal law.

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

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

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legislative branch of state government.

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

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

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

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annual reports to the governor and the general assembly.

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

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

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

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

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categories in the legislative branch of state government.

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     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:

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     28-5.1-18. Reporting required.

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

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report alleged violations of chapters 28-5 and/or § 28-5.1, any alleged employment discrimination

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

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employee, agent or contractor. An alleged violation shall include, but not be limited to, the filing

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

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

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office of diversity, equality and opportunity. The office of diversity, equality and opportunity

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

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president of the senate.

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     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

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violations of the fair employment practices chapter and the Equal Opportunity and Affirmative

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

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     This act would take effect upon passage.

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