2021 -- H 5262 | |
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LC000788 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES | |
AND THE GENERAL ASSEMBLY | |
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Introduced By: Representatives Vella-Wilkinson, Williams, Noret, Kazarian, and | |
Date Introduced: January 29, 2021 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 28-5-6 and 28-5-7 of the General Laws in Chapter 28-5 entitled |
2 | "Fair Employment Practices" are hereby amended to read as follows: |
3 | 28-5-6. Definitions. |
4 | When used in this chapter: |
5 | (1) "Age" means anyone who is at least forty (40) years of age. |
6 | (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or |
7 | on the basis of pregnancy, childbirth, or related medical conditions, and women affected by |
8 | pregnancy, childbirth, or related medical conditions shall be treated the same for all employment |
9 | related purposes, including receipt of benefits under fringe benefit programs, as other persons not |
10 | so affected but similar in their ability or inability to work, and nothing in this chapter shall be |
11 | interpreted to permit otherwise. |
12 | (3) "Commission" means the Rhode Island commission against discrimination for human |
13 | rights created by this chapter. |
14 | (4) "Conviction" means, for the purposes of this chapter only, any verdict or finding of |
15 | guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. |
16 | (5) "Disability" means a disability as defined in § 42-87-1. |
17 | (6) "Discriminate" includes segregate or separate. |
18 | (7) "Employee" does not include any individual employed by his or her parents, spouse, or |
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1 | child, or in the domestic service of any person means an individual employed by an employer, and |
2 | shall include any person elected to state public office or any political subdivision thereof. |
3 | (i) "Employee" does not include any individual employed by his or her parents, spouse, or |
4 | child. |
5 | (ii) "Employee" includes apprentices, volunteers, and unpaid interns and pages. |
6 | (8)(i) "Employer" includes the state and all political subdivisions of the state, including all |
7 | state and municipal legislative branches, and any person in this state employing four (4) or more |
8 | individuals, and any person acting in the interest of an employer directly or indirectly. |
9 | (ii) Nothing in this subdivision shall be construed to apply to a religious corporation, |
10 | association, educational institution, or society with respect to the employment of individuals of its |
11 | religion to perform work connected with the carrying on of its activities; nor shall it be construed |
12 | to restrict, diminish or otherwise affect the protections accorded to members of the general |
13 | assembly under Article VI, Section 5 of the Rhode Island Constitution. |
14 | (9) "Employment agency" includes any person undertaking with or without compensation |
15 | to procure opportunities to work, or to procure, recruit, refer, or place employees. |
16 | (10) "Firefighter" means an employee the duties of whose position includes work |
17 | connected with the control and extinguishment of fires or the maintenance and use of firefighting |
18 | apparatus and equipment, including an employee engaged in this activity who is transferred or |
19 | promoted to a supervisory or administrative position. |
20 | (11) "Gender identity or expression" includes a person's actual or perceived gender, as well |
21 | as a person's gender identity, gender-related self image, gender-related appearance, or gender- |
22 | related expression; whether or not that gender identity, gender-related self image, gender-related |
23 | appearance, or gender-related expression is different from that traditionally associated with the |
24 | person's sex at birth. |
25 | (12) "Labor organization" includes any organization which exists for the purpose, in whole |
26 | or in part, of collective bargaining or of dealing with employers concerning grievances, terms or |
27 | conditions of employment, or of other mutual aid or protection in relation to employment. |
28 | (13) "Law enforcement officer" means an employee the duties of whose position include |
29 | investigation, apprehension, or detention of individuals suspected or convicted of offenses against |
30 | the criminal laws of the state, including an employee engaged in such activity who is transferred or |
31 | promoted to a supervisory or administrative position. For the purpose of this subdivision, |
32 | "detention" includes the duties of employees assigned to guard individuals incarcerated in any penal |
33 | institution. |
34 | (14) "Person" includes one or more individuals, partnerships, associations, organizations, |
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1 | corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. |
2 | (15) "Religion" includes all aspects of religious observance and practice, as well as belief, |
3 | unless an employer, union or employment agency demonstrates that it is unable to reasonably |
4 | accommodate to an employee's or prospective employee's or union member's religious observance |
5 | or practice without undue hardship on the conduct of its business. |
6 | (16) "Sexual orientation" means having or being perceived as having an orientation for |
7 | heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of |
8 | persons and does not render lawful any conduct prohibited by the criminal laws of this state nor |
9 | impose any duty on a religious organization. This definition does not confer legislative approval of |
10 | that status, but is intended to assure the basic human rights of persons to obtain and hold |
11 | employment, regardless of that status. |
12 | (17) The terms, as used regarding persons with disabilities: |
13 | (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same |
14 | meaning as those items are defined in § 42-87-1.1; and |
15 | (ii) "Hardship" means an "undue hardship" as defined in § 42-87-1.1. |
16 | 28-5-7. Unlawful employment practices. |
17 | It shall be an unlawful employment practice: |
18 | (1) For any employer: |
19 | (i) To refuse to hire any applicant for employment because of his or her race or color, |
20 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
21 | ancestral origin; |
22 | (ii) Because of those reasons, to discharge an employee or discriminate against him or her |
23 | with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any |
24 | other matter directly or indirectly related to employment. However, if an insurer or employer |
25 | extends insurance related benefits to persons other than or in addition to the named employee, |
26 | nothing in this subdivision shall require those benefits to be offered to unmarried partners of named |
27 | employees; |
28 | (iii) In the recruiting of individuals for employment or in hiring them, to utilize any |
29 | employment agency, placement service, training school or center, labor organization, or any other |
30 | employee referring source which the employer knows, or has reasonable cause to know, |
31 | discriminates against individuals because of their race or color, religion, sex, sexual orientation, |
32 | gender identity or expression, disability, age, or country of ancestral origin; |
33 | (iv) To refuse to reasonably accommodate an employee's or prospective employee's |
34 | disability unless the employer can demonstrate that the accommodation would pose a hardship on |
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1 | the employer's program, enterprise, or business; or |
2 | (v) When an employee has presented to the employer an internal complaint alleging |
3 | harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual |
4 | orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a |
5 | timely manner in writing to that employee the disposition of the complaint, including a description |
6 | of any action taken in resolution of the complaint; provided, however, no other personnel |
7 | information shall be disclosed to the complainant; |
8 | (2)(i) For any employment agency to fail or refuse to properly classify or refer for |
9 | employment or otherwise discriminate against any individual because of his or her race or color, |
10 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
11 | ancestral origin; or |
12 | (ii) For any employment agency, placement service, training school or center, labor |
13 | organization, or any other employee referring source to comply with an employer's request for the |
14 | referral of job applicants if the request indicates either directly or indirectly that the employer will |
15 | not afford full and equal employment opportunities to individuals regardless of their race or color, |
16 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
17 | ancestral origin; |
18 | (3) For any labor organization: |
19 | (i) To deny full and equal membership rights to any applicant for membership because of |
20 | his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, |
21 | age, or country of ancestral origin; |
22 | (ii) Because of those reasons, to deny a member full and equal membership rights, expel |
23 | him or her from membership, or otherwise discriminate in any manner against him or her with |
24 | respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or |
25 | any other matter directly or indirectly related to membership or employment, whether or not |
26 | authorized or required by the constitution or bylaws of the labor organization or by a collective |
27 | labor agreement or other contract; |
28 | (iii) To fail or refuse to classify properly or refer for employment, or otherwise to |
29 | discriminate against any member because of his or her race or color, religion, sex, sexual |
30 | orientation, gender identity or expression, disability, age, or country of ancestral origin; or |
31 | (iv) To refuse to reasonably accommodate a member's or prospective member's disability |
32 | unless the labor organization can demonstrate that the accommodation would pose a hardship on |
33 | the labor organization's program, enterprise, or business; |
34 | (4) Except where based on a bona fide occupational qualification certified by the |
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1 | commission or where necessary to comply with any federal mandated affirmative action programs, |
2 | for any employer or employment agency, labor organization, placement service, training school or |
3 | center, or any other employee referring source, prior to employment or admission to membership |
4 | of any individual, to: |
5 | (i) Elicit or attempt to elicit any information directly or indirectly pertaining to his or her |
6 | race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or |
7 | country of ancestral origin; |
8 | (ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, |
9 | gender identity or expression, disability, age, or country of ancestral origin; |
10 | (iii) Use any form of application for employment, or personnel or membership blank |
11 | containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual |
12 | orientation, gender identity or expression, disability, age, or country of ancestral origin; |
13 | (iv) Print or publish or cause to be printed or published any notice or advertisement relating |
14 | to employment or membership indicating any preference, limitation, specification, or |
15 | discrimination based upon race or color, religion, sex, sexual orientation, gender identity or |
16 | expression, disability, age, or country of ancestral origin; or |
17 | (v) Establish, announce, or follow a policy of denying or limiting, through a quota system |
18 | or otherwise, employment or membership opportunities of any group because of the race or color, |
19 | religion, sex, sexual orientation, gender identity or expression, disability, age, or country of |
20 | ancestral origin of that group; |
21 | (5) For any employer or employment agency, labor organization, placement service, |
22 | training school or center, or any other employee referring source to discriminate in any manner |
23 | against any individual because he or she has opposed any practice forbidden by this chapter, or |
24 | because he or she has made a charge, testified, or assisted in any manner in any investigation, |
25 | proceeding, or hearing under this chapter; |
26 | (6) For any person, whether or not an employer, employment agency, labor organization, |
27 | or employee, to directly or indirectly commit any act declared by this section to be an unlawful |
28 | employment practice, or to aid, abet, incite, compel, or coerce the doing of any act declared by this |
29 | section to be an unlawful employment practice, or to obstruct or prevent any person from |
30 | complying with the provisions of this chapter or any order issued pursuant to this chapter, or to |
31 | attempt directly or indirectly to commit any act declared by this section to be an unlawful |
32 | employment practice it being the legislative intent that individuals may be held personally liable |
33 | for such conduct, including, but not limited to, employees or employers; |
34 | (7) For any employer to include on any application for employment, except applications |
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1 | for law enforcement agency positions or positions related to law enforcement agencies, a question |
2 | inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been |
3 | arrested, charged with or convicted of any crime; provided, that: |
4 | (i) If a federal or state law or regulation creates a mandatory or presumptive disqualification |
5 | from employment based on a person's conviction of one or more specified criminal offenses, an |
6 | employer may include a question or otherwise inquire whether the applicant has ever been |
7 | convicted of any of those offenses; or |
8 | (ii) If a standard fidelity bond or an equivalent bond is required for the position for which |
9 | the applicant is seeking employment and his or her conviction of one or more specified criminal |
10 | offenses would disqualify the applicant from obtaining such a bond, an employer may include a |
11 | question or otherwise inquire whether the applicant has ever been convicted of any of those |
12 | offenses; and |
13 | (iii) Notwithstanding, any employer may ask an applicant for information about his or her |
14 | criminal convictions at the first interview or thereafter, in accordance with all applicable state and |
15 | federal laws; |
16 | (8)(i) For any person who, on June 7, 1988, is providing either by direct payment or by |
17 | making contributions to a fringe benefit fund or insurance program, benefits in violation with §§ |
18 | 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 |
19 | there is an applicable collective bargaining agreement in effect on June 7, 1988, until the |
20 | termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5- |
21 | 38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either |
22 | directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance |
23 | program. |
24 | (ii) Where the costs of these benefits on June 7, 1988 are apportioned between employers |
25 | and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28- |
26 | 5-38 may be made by employers and employees in the same proportion. |
27 | (iii) Nothing in this section shall prevent the readjustment of benefits or compensation for |
28 | reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38. |
29 | SECTION 2. This act shall take effect upon passage. |
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LC000788 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES | |
AND THE GENERAL ASSEMBLY | |
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1 | This act would make the fair employment practices act expressly applicable to individuals |
2 | elected to state public office or any political subdivision of the state and would provide civil |
3 | liability for a person who directly or indirectly violates the chapter. |
4 | This act would take effect upon passage. |
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LC000788 | |
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