It is enacted by the General Assembly as follows:
SECTION 1. Sections 28-5-6 and 28-5-18 of the General Laws in Chapter 28-5 entitled "Fair Employment Practices" are hereby amended to read as follows:
28-5-6. Definitions. -- When used in this chapter:
(1) "Age" means anyone who is at least forty (40) but not seventy (70) 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) "Discriminate" includes segregate or separate.
(5) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.
(6)(i) "Employer" includes the state and all political subdivisions thereof and any person in this state employing four (4) or more individuals, and any person acting in the interest of an employer directly or indirectly.
(ii) Nothing herein 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.
(7) "Employment agency" includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees.
(8) "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.
(9) "Handicap" means any physical or mental impairment which
substantially limits one or more major life activities, has a record
of such an impairment or is regarded as having such an impairment by
any person, employer, labor organization or employment agency subject
to this chapter . {ADD , and shall include any disability which is
provided protection under the Americans with Disabilities Act, 42
U.S.C. section 12101 et seq and federal regulations pertaining to the
act, 28 CFR 35 and 29 CFR 1630. ADD}
As used in this subdivision, the phrase:
(i) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
(ii) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
(iii) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(iv) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments but is treated as having such an impairment.
(10) "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.
(11) "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 subsection, "detention" includes the duties of employees assigned to guard individuals incarcerated in any penal institution.
(12) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
(13) "Sexual orientation" means having or being perceived as having an orientation for heterosexualtiy, 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 said status, but is intended to assure the basic human rights of persons to obtain and hold employment, regardless of such status.
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 No proceeding which was pending under this chapter on April 5, 1996 shall be subject to dismissal on the basis of the Commission's failure to issue a complaint within one (1) year after the alleged unfair employment practice occurred or has been applied to affect adversely the person aggrieved, where such charge was filed with the Commission within one (1) year after the alleged unfair employment practice occurred or has been applied to affect adversely the person aggrieved, whichever is later, and the respondent had agreed to extend or waive the one (1) year period of limitations. ADD}
SECTION 2.This act shall take effect upon passage and shall apply to all proceedings pending under this chapter as of April 5, 1996.
