2021 -- H 5854

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LC001663

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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 EMPLOYMENTS PRACTICES

     Introduced By: Representatives Tanzi, Vella-Wilkinson, McEntee, Shanley, Potter,
Fenton-Fung, Ajello, Kislak, Fogarty, and Ackerman

     Date Introduced: February 24, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair

Employment Practices" is hereby amended to read as follows:

     28-5-6. Definitions.

     When used in this chapter:

     (1) "Age" means anyone who is at least forty (40) years of age.

     (2) "Because of sex" or "on the basis of sex" include, but are not limited to, because of or

on the basis of pregnancy, childbirth, or related medical conditions, and women affected by

pregnancy, childbirth, or related medical conditions shall be treated the same for all employment

related purposes, including receipt of benefits under fringe benefit programs, as other persons not

so affected but similar in their ability or inability to work, and nothing in this chapter shall be

interpreted to permit otherwise.

     (3) "Commission" means the Rhode Island commission against discrimination created by

this chapter.

     (4) "Conviction" means, for the purposes of this chapter only, any verdict or finding of

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

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

     (6) "Discriminate" includes segregate or separate.

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

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

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

implied, oral or written:

     (i) "Employee" includes gig economy workers who typically work in the service sector and

perform small, part-time jobs, often remotely.

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

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

spouse, or by their child.

      (8)(i) "Employer" includes the state and all political subdivisions of the state and any

person in this state employing four (4) one or more individuals, and any person acting in the interest

of an employer directly or indirectly.

     (ii) Nothing in this subdivision shall be construed to apply to a religious corporation,

association, educational institution, or society with respect to the employment of individuals of its

religion to perform work connected with the carrying on of its activities.

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

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

     (10) "Firefighter" means an employee the duties of whose position includes work

connected with the control and extinguishment of fires or the maintenance and use of firefighting

apparatus and equipment, including an employee engaged in this activity who is transferred or

promoted to a supervisory or administrative position.

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

as a person's gender identity, gender-related self image, gender-related appearance, or gender-

related expression; whether or not that gender identity, gender-related self image, gender-related

appearance, or gender-related expression is different from that traditionally associated with the

person's sex at birth.

     (12) "Labor organization" includes any organization which exists for the purpose, in whole

or in part, of collective bargaining or of dealing with employers concerning grievances, terms or

conditions of employment, or of other mutual aid or protection in relation to employment.

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

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

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

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

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

institution.

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

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

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

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

accommodate to an employee's or prospective employee's or union member's religious observance

or practice without undue hardship on the conduct of its business.

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

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

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

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

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

employment, regardless of that status.

     (17) The terms, as used regarding persons with disabilities:

     (i) "Auxiliary aids and services" and "reasonable accommodation" shall have the same

meaning as those items are defined in § 42-87-1.1; and

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

     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 EMPLOYMENTS PRACTICES

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     This act would broaden the definition of "employee" for purposes of the fair employment

practices, to include individuals under any appointment or contract of hire or apprenticeship, or any

volunteer or unpaid intern, gig worker, and would exclude from the definition of employed any

individual employed by their parents, spouse or child.

     This act would take effect upon passage.

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