CHAPTER 159

96-H 7722

Approved Aug. 5, 1996.

AN ACT RELATING TO CLARIFYING PROCEDURES FOR FILING A DISCRIMINATION CHARGE

It is enacted by the General Assembly as follows:

SECTION 1. Sections 28-5-17 and 28-5-18 of the General Laws in Chapter 28-5 entitled "Fair Employment Practices" are hereby amended to read as follows:

28-5-17. Conciliation of charges of unlawful practices. -- 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, such individual or organization being hereinafter referred to as the complainant, makes a charge to the commission that any employer, employment agency, labor organization, or person, hereinafter referred to as the respondent, has engaged or is engaging in unlawful employment practices {ADD 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 (1) year ADD} , the commission may initiate a preliminary investigation; and if it shall determine 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 such further provisions as 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 such endeavors may be used as evidence in any subsequent proceeding. 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 such disposition shall be made on the records of the commission; provided, however, that 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.

28-5-18. Complaint and notice of hearing. -- If the commission fails to effect the elimination of the unlawful employment practices and to obtain voluntary compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary investigation or endeavors, the commission shall have the power to issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein fixed to be held not less than ten (10) days after the service of the complaint. Any complaint issued pursuant to this section must be so issued within one year after the alleged unfair employment practices occurred or have been applied to affect adversely the person aggrieved, whichever is later. {ADD Any complaint issued pursuant to this section must be so issued within two (2) years after a signed and notarized charge has been filed with the commission pursuant to section 28-5-17. ADD}

SECTION 2. This act shall take effect on July 1, 1996 and shall apply to all charges filed on or after that date.



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