2019 -- H 5341

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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, Kazarian, Knight, and Carson

     Date Introduced: February 07, 2019

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-5-17 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby amended to read as follows:

     28-5-17. Conciliation of charges of unlawful practices.

     (a) Upon the commission's own initiative or whenever an aggrieved individual or an

organization chartered for the purpose of combating discrimination, racism, or of safeguarding

civil liberties, or of promoting full, free, or equal employment opportunities, that individual or

organization being subsequently referred to as the complainant, makes a charge to the

commission that any employer, employment agency, labor organization, or person, subsequently

referred to as the respondent, has engaged or is engaging in unlawful employment practices and

that the unlawful employment practices have occurred, have terminated, or have been applied to

affect adversely the person aggrieved, whichever is later, within one year two (2) years, the

commission may initiate a preliminary investigation.

     (b) If the commission determines after the investigation that it is probable that unlawful

employment practices have been or are being engaged in, it shall endeavor to eliminate the

unlawful employment practices by informal methods of conference, conciliation, and persuasion,

including a conciliation agreement. The terms of the conciliation agreement shall include

provisions requiring the respondent to refrain from the commission of unlawful discriminatory

practices in the future and may contain any further provisions that may be agreed upon by the

investigating commissioner and the respondent, including a provision for the entry in superior

court of a consent decree embodying the terms of the conciliation agreement. Nothing said or

done during these endeavors may be used as evidence in any subsequent proceeding.

     (c) If, after an investigation and conference, the commission is satisfied that any unlawful

employment practice of the respondent will be eliminated, it may, with the consent of the

complainant, treat the charge as conciliated, and entry of that disposition shall be made on the

records of the commission.

     (d) The commission shall not enter a consent order or conciliation agreement settling

claims of discrimination in an action or proceeding under this chapter unless the parties and their

counsel attest that a waiver of all or substantially all attorneys' fees was not compelled as a

condition of the settlement.

     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 extend the timeframe within which to bring an action for an unlawful

employment practice.

     This act would take effect upon passage.

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