Chapter 131

2003 -- H 5435 SUBSTITUTE A

Enacted 07/09/03

A N A C T

RELATING TO COMPLAINTS OF HARASSMENT

Introduced By: Representatives Ajello, Williams, Giannini, Almeida, and Handy

Date Introduced: February 05, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "Education" is hereby amended by

adding thereto the following chapter:

CHAPTER 76.1

HARASSMENT AT INSTITUTIONS OF HIGHER EDUCATION

16-76.1-1. Internal complaints alleging harassment. – When a student has presented to

an institution of higher education an internal complaint alleging harassment on the basis of race

or color, religion, sex, disability, age, sexual orientation, gender identity or expression, or country

of ancestral origin, the institution shall be required to disclose in a timely manner in writing to

that student 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.

     SECTION 2. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby amended to read as follows:

28-5-7. Unlawful employment practices. -- It is 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, disability, age, sexual orientation, gender identity or expression, or country of

ancestral origin;

      (ii) Because of these 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; provided, if an insurer or employer

extends insurance-related benefits to persons other than or in addition to the named employee,

nothing in this section 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 which 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; or

      (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.

      (2) For any employment agency:

      (i) To fail or refuse to classify properly or refer for employment or otherwise

discriminate against any individual because of his or her race or color, religion, sex, disability,

age, sexual orientation, gender identity or expression, 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 these 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, disability, age, sexual orientation, gender identity or expression, or

country of ancestral origin;

      (ii) Make or keep a record of his or her race or color, religion, sex, disability, age, sexual

orientation, gender identity or expression, 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,

disability, age, sexual orientation, gender identity or expression, 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, disability, age, sexual orientation, gender

identity or expression, 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, disability, age, sexual orientation, gender identity or expression, 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

this chapter or any order issued under 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 them, a question inquiring or to

otherwise inquire either orally or in writing whether the applicant has ever been arrested or

charged with any crime; provided, that nothing in this chapter shall prevent an employer from

inquiring whether the applicant has ever been convicted of any crime;

      (8) (i) For any person who, 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

sections 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 sections 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 sections 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 sections 28-5-6, 28-5-7 and 28-5-38.

     SECTION 3. This act shall take effect upon passage.

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LC01059/SUB A

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