Title 28, Title 28 and Labor Relations

The commission shall have the following powers and duties: (1) To establish and maintain a principal office in the city of Providence, Rhode Island, and any other offices within the state that it may deem necessary. (2) To meet and function at any place within the state. (3) To a…

In order to eliminate prejudice among the various ethnic groups in this state and to further good will among those groups, the commission and the state council on elementary and secondary education are jointly directed to prepare a comprehensive educational program, designed for …

The commission is authorized to accept contributions from any person and may seek and enlist the cooperation of private charitable, religious, labor, civic, and benevolent organizations for the purposes of § 28-5-14. All contributions shall be deposited as general revenues of the…

The commission is empowered and directed, as subsequently provided, to prevent any person from engaging in unlawful employment practices, provided that before instituting the formal hearing authorized by §§ 28-5-18 — 28-5-27, it shall attempt, by informal methods of conference, p…

(a) 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, that individual or org…

(a) 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 issu…

The commission, member of the commission, or hearing examiner conducting the hearing shall have the power to reasonably and fairly amend any written complaint at any time prior to the issuance of an order based on the complaint. The respondent shall have like power to amend its a…

The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin is a matter of state concern. Such discrimination foments domestic strife…

The respondent shall have the right to file an answer to the complaint, and shall appear at the hearing in person, or otherwise, with or without counsel, to present evidence and to examine and cross-examine witnesses.

(a) The commission shall not be precluded from investigating, taking evidence, considering claims or issuing findings on matters that could have been presented to any other state administrative agency, but which were not actually presented and decided in a contested case as defin…

In any proceeding pursuant to this chapter the commission, its member, or its agent shall not be bound by the rules of evidence prevailing in the courts.

The commission shall, in ascertaining the practices followed by the respondent, take into account all evidence, statistical or otherwise, that may tend to prove the existence of a predetermined pattern of employment or membership. Nothing in this section shall be construed to aut…

The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Subsequently, in its discretion, the commission upon notice may take further testimony or hear argument.

(a)(1) If upon all the testimony taken the commission determines that the respondent has engaged in or is engaging in unlawful employment practices, the commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the res…

(a) 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 agre…

If the commission finds that no probable cause exists for crediting the charges, or, if upon all the evidence it finds that a respondent has not engaged in unfair employment practices, the commission shall state its findings of fact and shall issue and cause to be served on the c…

Until a transcript of the record in a case is filed in a court as provided in § 28-5-29, the commission may at any time, upon reasonable notice and in any manner that it deems proper, modify or set aside in whole or in part any of its findings or orders.

Any complainant, intervener, or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review of the order, and the commission or any party may obtain an order of court for enforcement of a final order as described in § 28-5-24, in a proceeding…

Judicial proceeding shall be initiated by the filing of a petition in the superior court, together with a transcript of the record upon the hearing before the commission, and the service of a copy of the petition upon the commission and upon all parties who appeared before the co…

In addition to the remedies provided in § 28-5-24, where the challenged conduct is shown to be motivated by malice or ill will or when the action involves reckless or callous indifference to the statutorily protected rights of others, the court may award punitive damages; provide…

It is declared to be the public policy of this state to foster the employment of all individuals in this state in accordance with their fullest capacities, regardless of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or cou…

An objection that has not been urged before the commission, its member, or agent shall not be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances.

If either party applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the commission, its…

The commission may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed. The commission shall file the modified or new findings and its recommendations, if any, for the modification or setting aside of its original order.

The jurisdiction of the court shall be exclusive and its judgment and order shall be, when necessary, subject to review by the supreme court as provided by law, to which court an appeal from the judgment and order may be made as provided by law.

The commission’s copy of the testimony shall be available at all reasonable times to all parties without cost for examination and for the purposes of judicial review of the order of the commission. The petition shall be heard on the transcript of the record without requirement of…

The commission may appear in court by its own attorneys.

If no proceeding to obtain judicial review is instituted by a complainant, intervener, or respondent within thirty (30) days from the service of an order of the commission pursuant to § 28-5-24, the commission, or the complainant, may obtain a decree of the court for the enforcem…

Every employer, employment agency, and labor union subject to this chapter shall post in a conspicuous place or places on the employer’s, employment agency’s, or labor union’s premises a notice to be prepared or approved by the commission, that shall set forth excerpts of this ch…

(a) The provisions of this chapter shall be construed liberally for the accomplishment of the purposes of it, and any law inconsistent with any provision of this chapter shall not apply. (b) Nothing contained in this chapter shall be deemed to repeal any of the provisions of any …

If any clause, sentence, paragraph, or part of this chapter or its application to any person or circumstance, is, for any reason, adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this chapter or it…

This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health, and peace of the people of the state.

(a) On February 1 of each year, the governor shall, in conjunction with the state equal opportunity office, submit to the general assembly a report documenting the status of affirmative action programs for women, persons with disabilities, and minorities in each department and st…

Whenever in this chapter there appears the terms, “race or color, religion, sex, disability, age, or country of ancestral origin” there shall be inserted immediately thereafter the words “sexual orientation.”

Whenever in this chapter there appears the terms “race or color, religion, sex, disability, age, country of ancestral origin, or sexual orientation” there shall be inserted immediately thereafter the words “gender identity or expression.”

The fact that an individual has applied for, received, or continues to receive private insurance or government assistance on the basis of a physical or mental impairment shall not, by itself, relieve or excuse any employer, employment agency, or labor organization from its obliga…

The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, is recognized as and declared to be a civil right.

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” includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions, and women affected by preg…

It shall be 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, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; (ii) Becau…

It shall not be unlawful for an employer as defined in § 28-5-6(9)(i) or any agency or instrumentality of the state or a political subdivision of the state to fail or refuse to hire or to discharge any person because of the person’s age if the action is taken with respect to the …

(a) An unlawful employment practice prohibited by § 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when: (1) A complainant demonstrates that an employment practice results in a disparate impact o…

An unlawful employment practice may be established in an action or proceeding under this chapter when the complainant demonstrates that race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin was a motivating …

(a) It shall be an unlawful employment practice for an employer, as defined in § 28-5-6, to do the following: (1) To refuse to reasonably accommodate an employee’s or prospective employee’s condition related to pregnancy, childbirth, menopause, or a related medical condition, inc…

There is created a commission to be known as the “Rhode Island commission for human rights,” to consist of seven (7) members to be appointed by the governor, with the advice and consent of the senate, one of whom shall be designated by the governor as chairperson. In the appointm…

The five (5) commissioners appointed before July 12, 1990, shall serve the remainder of their terms. One of the two (2) new commissioners to be appointed after July 12, 1990, shall serve for five (5) years and one of the two (2) new commissioners to be appointed after July 12, 19…