2023 -- H 5445
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LC001023
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRAC TICES
Introduced By: Representatives Tanzi, Cortvriend, Kazarian, Hull, and J. Lombardi
Date Introduced: February 08, 2023
Referred To: House Labor
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair 1
Employment Practices" is hereby amended to read as follows: 2
28-5-7. Unlawful employment practices. 3
It shall be an unlawful employment practice: 4
(1) For any employer: 5
(i) To refuse to hire any applicant for employment because of his or her race or color, 6
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 7
ancestral origin; 8
(ii) Because of those reasons, to discharge an employee or discriminate against him or her 9
with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any 10
other matter directly or indirectly related to employment. However, if an insurer or employer 11
extends insurance-related benefits to persons other than or in addition to the named employee, 12
nothing in this subdivision shall require those benefits to be offered to unmarried partners of named 13
employees; 14
(iii) In the recruiting of individuals for employment or in hiring them, to utilize any 15
employment agency, placement service, training school or center, labor organization, or any other 16
employee referring source that the employer knows, or has reasonable cause to know, discriminates 17
against individuals because of their race or color, religion, sex, sexual orientation, gender identity 18
or expression, disability, age, or country of ancestral origin; 19
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(iv) To refuse to reasonably accommodate an employee’s or prospective employee’s 1
disability unless the employer can demonstrate that the accommodation would pose a hardship on 2
the employer’s program, enterprise, or business; or 3
(v) When an employee has presented to the employer an internal complaint alleging 4
harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual 5
orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a 6
timely manner in writing to that employee the disposition of the complaint, including a description 7
of any action taken in resolution of the complaint; provided, however, no other personnel 8
information shall be disclosed to the complainant; 9
(2)(i) For any employment agency to fail or refuse to properly classify or refer for 10
employment or otherwise discriminate against any individual because of his or her race or color, 11
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 12
ancestral origin; or 13
(ii) For any employment agency, placement service, training school or center, labor 14
organization, or any other employee referring source to comply with an employer’s request for the 15
referral of job applicants if the request indicates, either directly or indirectly, that the employer will 16
not afford full and equal employment opportunities to individuals regardless of their race or color, 17
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 18
ancestral origin; 19
(3) For any labor organization: 20
(i) To deny full and equal membership rights to any applicant for membership because of 21
his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, 22
age, or country of ancestral origin; 23
(ii) Because of those reasons, to deny a member full and equal membership rights, expel 24
him or her from membership, or otherwise discriminate in any manner against him or her with 25
respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or 26
any other matter directly or indirectly related to membership or employment, whether or not 27
authorized or required by the constitution or bylaws of the labor organization or by a collective 28
labor agreement or other contract; 29
(iii) To fail or refuse to classify properly or refer for employment, or otherwise to 30
discriminate against any member because of his or her race or color, religion, sex, sexual 31
orientation, gender identity or expression, disability, age, or country of ancestral origin; or 32
(iv) To refuse to reasonably accommodate a member’s or prospective member’s disability 33
unless the labor organization can demonstrate that the accommodation would pose a hardship on 34
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the labor organization’s program, enterprise, or business; 1
(4) Except where based on a bona fide occupational qualification certified by the 2
commission or where necessary to comply with any federal mandated affirmative action programs, 3
for any employer or employment agency, labor organization, placement service, training school or 4
center, or any other employee referring source, prior to employment or admission to membership 5
of any individual, to: 6
(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her 7
race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or 8
country of ancestral origin; 9
(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, 10
gender identity or expression, disability, age, or country of ancestral origin; 11
(iii) Use any form of application for employment, or personnel or membership blank 12
containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual 13
orientation, gender identity or expression, disability, age, or country of ancestral origin; 14
(iv) Print or publish, or cause to be printed or published, any notice or advertisement 15
relating to employment or membership indicating any preference, limitation, specification, or 16
discrimination based upon race or color, religion, sex, sexual orientation, gender identity or 17
expression, disability, age, or country of ancestral origin; or 18
(v) Establish, announce, or follow a policy of denying or limiting, through a quota system 19
or otherwise, employment or membership opportunities of any group because of the race or color, 20
religion, sex, sexual orientation, gender identity or expression, disability, age, or country of 21
ancestral origin of that group; 22
(5) For any employer or employment agency, labor organization, placement service, 23
training school or center, or any other employee referring source to discriminate in any manner 24
against any individual because he or she has opposed any practice forbidden by this chapter, or 25
because he or she has made a charge, testified, or assisted in any manner in any investigation, 26
proceeding, or hearing under this chapter; 27
(6) For any person, whether or not an employer, employment agency, labor organization, 28
or employee, to directly or indirectly commit any act declared by this section to be an unlawful 29
employment practice, or to aid, abet, incite, compel, or coerce the doing of any act declared by this 30
section to be an unlawful employment practice, or to obstruct or prevent any person from 31
complying with the provisions of this chapter or any order issued pursuant to this chapter, or to 32
attempt directly or indirectly to commit any act declared by this section to be an unlawful 33
employment practice, it being the legislative intent that individuals may be held personally liable 34
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for such conduct, including, but not limited to, employees or employers; 1
(7) For any employer to include on any application for employment, except applications 2
for law enforcement agency positions or positions related to law enforcement agencies, a question 3
inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been 4
arrested, charged with or convicted of any crime; provided, that: 5
(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification 6
from employment based on a person’s conviction of one or more specified criminal offenses, an 7
employer may include a question or otherwise inquire whether the applicant has ever been 8
convicted of any of those offenses; or 9
(ii) If a standard fidelity bond or an equivalent bond is required for the position for which 10
the applicant is seeking employment and his or her conviction of one or more specified criminal 11
offenses would disqualify the applicant from obtaining such a bond, an employer may include a 12
question or otherwise inquire whether the applicant has ever been convicted of any of those 13
offenses; and 14
(iii) Notwithstanding, any employer may ask an applicant for information about his or her 15
criminal convictions at the first interview or thereafter, in accordance with all applicable state and 16
federal laws; 17
(8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment 18
or by making contributions to a fringe benefit fund or insurance program, benefits in violation with 19
§§ 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
there is an applicable collective bargaining agreement in effect on June 7, 1988, until the 21
termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-22
38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either 23
directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance 24
program. 25
(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers 26
and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-27
5-38 may be made by employers and employees in the same proportion. 28
(iii) Nothing in this section shall prevent the readjustment of benefits or compensation for 29
reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38. 30
SECTION 2. This act shall take effect upon passage. 31
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRAC TICES
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This act would prohibit an employer, employment agency, labor organization, or employee 1
from directly or indirectly committing any act declared to be an unlawful employment practice. 2
Individual employees or employers committing any act declared to be unlawful employment 3
practice may be held personally liable for such conduct. 4
This act would take effect upon passage. 5
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