Rhode Island 2023 Regular Session

Rhode Island House Bill H5445 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5445
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7	7	LC001023
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRAC TICES
16	16	Introduced By: Representatives Tanzi, Cortvriend, Kazarian, Hull, and J. Lombardi
17	17	Date Introduced: February 08, 2023
18	18	Referred To: House Labor
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair 1
23	23	Employment Practices" is hereby amended to read as follows: 2
24	24	28-5-7. Unlawful employment practices. 3
25	25	It shall be an unlawful employment practice: 4
26	26	(1) For any employer: 5
27	27	(i) To refuse to hire any applicant for employment because of his or her race or color, 6
28	28	religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 7
29	29	ancestral origin; 8
30	30	(ii) Because of those reasons, to discharge an employee or discriminate against him or her 9
31	31	with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any 10
32	32	other matter directly or indirectly related to employment. However, if an insurer or employer 11
33	33	extends insurance-related benefits to persons other than or in addition to the named employee, 12
34	34	nothing in this subdivision shall require those benefits to be offered to unmarried partners of named 13
35	35	employees; 14
36	36	(iii) In the recruiting of individuals for employment or in hiring them, to utilize any 15
37	37	employment agency, placement service, training school or center, labor organization, or any other 16
38	38	employee referring source that the employer knows, or has reasonable cause to know, discriminates 17
39	39	against individuals because of their race or color, religion, sex, sexual orientation, gender identity 18
40	40	or expression, disability, age, or country of ancestral origin; 19
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44	44	(iv) To refuse to reasonably accommodate an employee’s or prospective employee’s 1
45	45	disability unless the employer can demonstrate that the accommodation would pose a hardship on 2
46	46	the employer’s program, enterprise, or business; or 3
47	47	(v) When an employee has presented to the employer an internal complaint alleging 4
48	48	harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual 5
49	49	orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a 6
50	50	timely manner in writing to that employee the disposition of the complaint, including a description 7
51	51	of any action taken in resolution of the complaint; provided, however, no other personnel 8
52	52	information shall be disclosed to the complainant; 9
53	53	(2)(i) For any employment agency to fail or refuse to properly classify or refer for 10
54	54	employment or otherwise discriminate against any individual because of his or her race or color, 11
55	55	religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 12
56	56	ancestral origin; or 13
57	57	(ii) For any employment agency, placement service, training school or center, labor 14
58	58	organization, or any other employee referring source to comply with an employer’s request for the 15
59	59	referral of job applicants if the request indicates, either directly or indirectly, that the employer will 16
60	60	not afford full and equal employment opportunities to individuals regardless of their race or color, 17
61	61	religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 18
62	62	ancestral origin; 19
63	63	(3) For any labor organization: 20
64	64	(i) To deny full and equal membership rights to any applicant for membership because of 21
65	65	his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, 22
66	66	age, or country of ancestral origin; 23
67	67	(ii) Because of those reasons, to deny a member full and equal membership rights, expel 24
68	68	him or her from membership, or otherwise discriminate in any manner against him or her with 25
69	69	respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or 26
70	70	any other matter directly or indirectly related to membership or employment, whether or not 27
71	71	authorized or required by the constitution or bylaws of the labor organization or by a collective 28
72	72	labor agreement or other contract; 29
73	73	(iii) To fail or refuse to classify properly or refer for employment, or otherwise to 30
74	74	discriminate against any member because of his or her race or color, religion, sex, sexual 31
75	75	orientation, gender identity or expression, disability, age, or country of ancestral origin; or 32
76	76	(iv) To refuse to reasonably accommodate a member’s or prospective member’s disability 33
77	77	unless the labor organization can demonstrate that the accommodation would pose a hardship on 34
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81	81	the labor organization’s program, enterprise, or business; 1
82	82	(4) Except where based on a bona fide occupational qualification certified by the 2
83	83	commission or where necessary to comply with any federal mandated affirmative action programs, 3
84	84	for any employer or employment agency, labor organization, placement service, training school or 4
85	85	center, or any other employee referring source, prior to employment or admission to membership 5
86	86	of any individual, to: 6
87	87	(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her 7
88	88	race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or 8
89	89	country of ancestral origin; 9
90	90	(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, 10
91	91	gender identity or expression, disability, age, or country of ancestral origin; 11
92	92	(iii) Use any form of application for employment, or personnel or membership blank 12
93	93	containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual 13
94	94	orientation, gender identity or expression, disability, age, or country of ancestral origin; 14
95	95	(iv) Print or publish, or cause to be printed or published, any notice or advertisement 15
96	96	relating to employment or membership indicating any preference, limitation, specification, or 16
97	97	discrimination based upon race or color, religion, sex, sexual orientation, gender identity or 17
98	98	expression, disability, age, or country of ancestral origin; or 18
99	99	(v) Establish, announce, or follow a policy of denying or limiting, through a quota system 19
100	100	or otherwise, employment or membership opportunities of any group because of the race or color, 20
101	101	religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 21
102	102	ancestral origin of that group; 22
103	103	(5) For any employer or employment agency, labor organization, placement service, 23
104	104	training school or center, or any other employee referring source to discriminate in any manner 24
105	105	against any individual because he or she has opposed any practice forbidden by this chapter, or 25
106	106	because he or she has made a charge, testified, or assisted in any manner in any investigation, 26
107	107	proceeding, or hearing under this chapter; 27
108	108	(6) For any person, whether or not an employer, employment agency, labor organization, 28
109	109	or employee, to directly or indirectly commit any act declared by this section to be an unlawful 29
110	110	employment practice, or to aid, abet, incite, compel, or coerce the doing of any act declared by this 30
111	111	section to be an unlawful employment practice, or to obstruct or prevent any person from 31
112	112	complying with the provisions of this chapter or any order issued pursuant to this chapter, or to 32
113	113	attempt directly or indirectly to commit any act declared by this section to be an unlawful 33
114	114	employment practice, it being the legislative intent that individuals may be held personally liable 34
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118	118	for such conduct, including, but not limited to, employees or employers; 1
119	119	(7) For any employer to include on any application for employment, except applications 2
120	120	for law enforcement agency positions or positions related to law enforcement agencies, a question 3
121	121	inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been 4
122	122	arrested, charged with or convicted of any crime; provided, that: 5
123	123	(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification 6
124	124	from employment based on a person’s conviction of one or more specified criminal offenses, an 7
125	125	employer may include a question or otherwise inquire whether the applicant has ever been 8
126	126	convicted of any of those offenses; or 9
127	127	(ii) If a standard fidelity bond or an equivalent bond is required for the position for which 10
128	128	the applicant is seeking employment and his or her conviction of one or more specified criminal 11
129	129	offenses would disqualify the applicant from obtaining such a bond, an employer may include a 12
130	130	question or otherwise inquire whether the applicant has ever been convicted of any of those 13
131	131	offenses; and 14
132	132	(iii) Notwithstanding, any employer may ask an applicant for information about his or her 15
133	133	criminal convictions at the first interview or thereafter, in accordance with all applicable state and 16
134	134	federal laws; 17
135	135	(8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment 18
136	136	or by making contributions to a fringe benefit fund or insurance program, benefits in violation with 19
137	137	§§ 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988, or if 20
138	138	there is an applicable collective bargaining agreement in effect on June 7, 1988, until the 21
139	139	termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-22
140	140	38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either 23
141	141	directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance 24
142	142	program. 25
143	143	(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers 26
144	144	and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-27
145	145	5-38 may be made by employers and employees in the same proportion. 28
146	146	(iii) Nothing in this section shall prevent the readjustment of benefits or compensation for 29
147	147	reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38. 30
148	148	SECTION 2. This act shall take effect upon passage. 31
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150	150	LC001023
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155	155	EXPLANATION
156	156	BY THE LEGISLATIVE COUNCIL
157	157	OF
158	158	A N A C T
159	159	RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRAC TICES
160	160	***
161	161	This act would prohibit an employer, employment agency, labor organization, or employee 1
162	162	from directly or indirectly committing any act declared to be an unlawful employment practice. 2
163	163	Individual employees or employers committing any act declared to be unlawful employment 3
164	164	practice may be held personally liable for such conduct. 4
165	165	This act would take effect upon passage. 5
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167	167	LC001023
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