Introduced By: Reps. Flaherty, Carpenter and Shavers
Date Introduced : May 5, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-5-24.1 of the General Laws in Chapter 28-5 entitled "Fair Employment Practices" is hereby amended to read as follows:
28-5-24.1. Proceedings in superior court. -- {ADD (a) ADD}
A complainant may ask for a right to sue in state court if not
less than one hundred and twenty (120) days and not more than
two (2) years have elapsed from the date of filing of a charge,
if the commission has been unable to secure a settlement agreement
or conciliation agreement and if the commission has not commenced
hearing on a complaint. The commission shall grant the right to
sue within thirty (30) days after receipt of the request. This
shall terminate all proceedings before the commission and shall
give to the complainant the right to commence suit in the superior
court within any county as provided in section 28-5-28 within
ninety (90) days after the granting of the request. Any party
may claim a trial by jury. {DEL The superior court may make
orders consistent with section 28-5-24; provided, however, that
the court shall not enter a consent order or judgment 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 attorney's fees was not compelled
as a condition of the settlement. DEL}
{ADD (b) As to cases pending before the commission on the effective date of this act in which a finding of probable cause has been made by the commission under section 28-5-18, or will in the future be made, the commission shall within thirty (30) days of such findings of probable cause or within thirty (30) days after the effective date of this act, whichever is later, notify the respondent of the right to have the complaint heard and decided in the superior court. If within thirty (30) days of receipt of such notification by the respondent the respondent elects in writing to have the case heard in the superior court, the commission shall promptly issue right to sue letter to the complainant and all proceedings before the commission shall terminate. The complainant shall have the right to commence suit in the superior court within any county as provided in section 28-5-28 within ninety (90) days of the date of the right to sue letter, a copy of which shall be sent to all parties. Either party may claim a trial by jury in the superior court. Notwithstanding the termination of proceedings before the commission upon the granting of the right to sue notice, the parties may agree to have the commission seek to conciliate or mediate settlement of the case within the ninety (90) day period in which the complainant has the right to commence suit in superior court. ADD}
{ADD (c) As to cases commenced in the commission after the effective date of this act, the complainant or the respondent may elect within twenty (20) days after receipt of a finding of probable cause, to terminate by written notice to the commission all proceedings before the commission and have the case heard in the superior court. In the event of an election to terminate the proceedings, the commission shall issue a right to sue letter to the complainant with a copy of such letter sent to all parties. The complainant shall have the right to commence suit in the superior court within any county as provided in section 25-5-28 within ninety (90) days of the date of the right to sue letter. Either party may claim a trial by jury in the superior court. Notwithstanding such termination of proceedings before the commission upon the granting of the right to sue notice, the parties may agree to have the commission seek to conciliate or mediate settlement of the case within the ninety (90) day period in which the complainant has the right to commence suit in superior court. ADD}
{ADD (d) The superior court may make orders consistent with section 28-5-24; provided, however, that the court shall not enter a consent order or judgment 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 attorney's fees was not compelled as a condition of the settlement. ADD}
SECTION 2. This act shall take effect upon passage, but shall not affect the right of any party in a case pending before the commission or on appeal to raise any constitutional issue relating to denial of a jury which issue was raised prior to the effective date of this act.
