Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0324 Compare Versions

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

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5	5	2023 -- S 0324
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7	7	LC000034
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- PROHIBITION OF IMPLANTATION
16	16	DEVICES AS CONDITIONS OF EMPLOYMENT
17	17	Introduced By: Senators Lawson, F. Lombardi, and DiMario
18	18	Date Introduced: February 16, 2023
19	19	Referred To: Senate Judiciary
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
24	24	is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 6.15 3
26	26	PROHIBITION OF IMPLANTATION DEVICES AS CONDITIONS OF EMPLOYMENT 4
27	27	28-6.15-1. Definitions. 5
28	28	As used in this chapter: 6
29	29	(1) “Device” means any acoustic, optical, mechanical, electronic, medical, or molecular 7
30	30	device. 8
31	31	(2) “Implantation” means the injection or receipt of injection, ingestion, inhalation or 9
32	32	otherwise incorporation of a device into the human body. 10
33	33	28-6.15-2. Implantation devices as conditions of employment prohibited. 11
34	34	(a) No employer may require an employee or any prospective employee to implant, or 12
35	35	undergo a procedure to implant, a device in the employee’s or prospective employee’s body, as a 13
36	36	condition of employment in a particular position, or as a condition of receiving additional 14
37	37	compensation or other benefits. 15
38	38	(b) No employer may discriminate against an employee, with respect to the employee’s 16
39	39	compensation and benefits or terms and conditions of employment, based on the employee’s refusal 17
40	40	to take an action described in subsection (a) of this section. 18
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44	44	28-6.15-3. Penalty -- Exception. 1
45	45	Any employer who subjects an employee or prospective employee, to the implantation of 2
46	46	a device, as defined in this chapter, or causes, directly or indirectly, any employee or prospective 3
47	47	employee to have such an implantation performed, is guilty of a misdemeanor punishable by a fine 4
48	48	of not more than one thousand dollars ($1,000). This section does not apply to implantations 5
49	49	performed to comply with a court order. 6
50	50	28-6.15-4. Punitive damages and attorneys' fees. 7
51	51	In any civil action alleging a violation of this chapter, the court may: 8
52	52	(1) Award punitive damages to a prevailing employee or prospective employee, in addition 9
53	53	to any award of actual damages; 10
54	54	(2) Award reasonable attorneys' fees and costs to a prevailing employee or prospective 11
55	55	employee; and 12
56	56	(3) Enjoin an employer from further violation of this chapter. 13
57	57	SECTION 2. This act shall take effect upon passage. 14
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59	59	LC000034
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64	64	EXPLANATION
65	65	BY THE LEGISLATIVE COUNCIL
66	66	OF
67	67	A N A C T
68	68	RELATING TO LABOR AND LABOR RELATIONS -- PROHIBITION OF IMPLANTATION
69	69	DEVICES AS CONDITIONS OF EMPLOYMENT
70	70	***
71	71	This act would prohibit an employer from subjecting its employees or prospective 1
72	72	employees to the implantation of an implantation device. It would create criminal penalties as well 2
73	73	as civil damages, that may be assessed against violating employers. 3
74	74	This act would take effect upon passage. 4
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76	76	LC000034
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