reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-8. - Rhode Island commission for human rights — Composition.

§ 28-5-8. Rhode Island commission for human rights — Composition.
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 appointment of commissioners, the following factors shall be taken into consideration:
(1)
A commissioner should have a demonstrated sensitivity to the concerns of the classes protected under this chapter.
(2)
A commissioner should have a judicious temperament, analytical ability, and sufficient time to dedicate to commission work.
(3)
The commission should reflect the diversity of the state’s population. In attempting to reflect the diversity of the state’s population, the governor should attempt to appoint as at least one of the seven (7) commissioners a person with a background in law, business, and/or real estate.
History of Section.
P.L. 1949, ch. 2181, § 5; impl. am. P.L. 1952, ch. 2958, § 1; G.L. 1956, § 28-5-8; P.L. 1968, ch. 160, § 1; P.L. 1990, ch. 398, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-9. - Terms of commission members.

§ 28-5-9. Terms of commission members.
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, 1990, shall serve for four (4) years. Thereafter, the members of the commission shall be appointed for terms of five (5) years each, except that any member chosen to fill a vacancy occurring otherwise than by expiration of term shall only be appointed for the unexpired term of the member whom he or she succeeds.
History of Section.
P.L. 1949, ch. 2181, § 5; G.L. 1956, § 28-5-9; P.L. 1990, ch. 398, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-10. - Quorum of commission.

§ 28-5-10. Quorum of commission.
Three (3) members of the commission shall constitute a quorum for the purpose of conducting its business. A vacancy in the commission does not impair the right of the remaining members to exercise all the powers of the commission. This section does not preclude one commissioner or a hearing examiner from conducting hearings on any matter within the jurisdiction of the commission; however, a quorum of the commissioners, after having read the full transcript of the hearing, shall be required to reach a decision.
History of Section.
P.L. 1949, ch. 2181, § 5, G.L. 1956, § 28-5-10; P.L. 1983, ch. 203, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-11. - Compensation of commission members — Reappointment.

§ 28-5-11. Compensation of commission members — Reappointment.
Members of the commission shall not be compensated for the discharge of their official duties but shall be entitled to the reimbursement of expenses actually and necessarily incurred by them in the performance of their duties. All members of the commission shall be eligible for reappointment.
History of Section.
P.L. 1949, ch. 2181, § 5; G.L. 1956, § 28-5-11; P.L. 1963, ch. 69, § 1; P.L. 1980, ch. 164, § 1; P.L. 2005, ch. 117, art. 21, § 25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-12. - Removal of commission members.

§ 28-5-12. Removal of commission members.
Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges and an opportunity to be publicly heard on them.
History of Section.
P.L. 1949, ch. 2181, § 5; G.L. 1956, § 28-5-12.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-14. - Educational program.

§ 28-5-14. Educational program.
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 students of the public schools of this state and for all other residents of the state, calculated to emphasize the origin of prejudice based on race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; its harmful effects; and its incompatibility with American principles of equality and fair play.
History of Section.
P.L. 1949, ch. 2181, § 7; G.L. 1956, § 28-5-14; P.L. 1997, ch. 150, § 4; P.L. 2004, ch. 6, § 43.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-15. - Acceptance of contributions — Cooperation of private agencies.

§ 28-5-15. Acceptance of contributions — Cooperation of private agencies.
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 state.
History of Section.
P.L. 1949, ch. 2181, § 7; G.L. 1956, § 28-5-15; P.L. 1995, ch. 370, art. 40, § 89.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-16. - Power to prevent unlawful practices — Preference for informal methods.

§ 28-5-16. Power to prevent unlawful practices — Preference for informal methods.
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, persuasion, and conciliation, to induce compliance with this chapter.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-16.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-17. - Conciliation of charges of unlawful practices.

§ 28-5-17. Conciliation of charges of unlawful practices.
(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 organization being subsequently referred to as the complainant, makes a charge to the commission that any employer, employment agency, labor organization, or person, subsequently referred to as the respondent, has engaged or is engaging in unlawful employment practices and that the unlawful employment practices have occurred, have terminated, or have been applied to affect adversely the person aggrieved, whichever is later, within one year, the commission may initiate a preliminary investigation.
(b)
If the commission determines after the investigation that it is probable that unlawful employment practices have been or are being engaged in, it shall endeavor to eliminate the unlawful employment practices by informal methods of conference, conciliation, and persuasion, including a conciliation agreement. The terms of the conciliation agreement shall include provisions requiring the respondent to refrain from the commission of unlawful discriminatory practices in the future and may contain any further provisions that may be agreed upon by the investigating commissioner and the respondent, including a provision for the entry in superior court of a consent decree embodying the terms of the conciliation agreement. Nothing said or done during these endeavors may be used as evidence in any subsequent proceeding.
(c)
If, after an investigation and conference, the commission is satisfied that any unlawful employment practice of the respondent will be eliminated, it may, with the consent of the complainant, treat the charge as conciliated, and entry of that disposition shall be made on the records of the commission.
(d)
The commission shall not enter a consent order or conciliation agreement 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 attorneys’ fees was not compelled as a condition of the settlement.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-17; P.L. 1974, ch. 259, § 3; P.L. 1991, ch. 135, § 2; P.L. 1991, ch. 343, § 2; P.L. 1996, ch. 159, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-18. - Complaint and notice of hearing.

§ 28-5-18. Complaint and notice of hearing.
(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 issue and cause to be served on any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before the commission, a member of the commission, or a hearing examiner at a place fixed in the complaint to be held not less than ten (10) days after the service of the complaint.
(b)
Any complaint issued pursuant to this section must be issued within two (2) years after a signed and notarized charge has been filed with the commission pursuant to § 28-5-17.
(c)
No proceeding which was pending under this chapter on April 5, 1996, shall be subject to dismissal on the basis of the commission’s failure to issue a complaint within one year after the alleged unfair employment practice occurred or has been applied to affect adversely the person aggrieved, where that charge was filed with the commission within one year after the alleged unfair employment practice occurred or has been applied to affect adversely the person aggrieved, whichever is later, and the respondent had agreed to extend or waive the one-year period of limitations.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-18; P.L. 1991, ch. 135, § 2; P.L. 1991, ch. 343, § 2; P.L. 1996, ch. 159, § 1; P.L. 1996, ch. 362, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-19. - Amendment of complaint and answer — Participation by commissioner assigned to preliminary hearing.

§ 28-5-19. Amendment of complaint and answer — Participation by commissioner assigned to preliminary hearing.
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 answer to the original or amended complaint at any time prior to the issuance of an order. The commissioner assigned to the preliminary hearing of any complaint shall take no part in the final hearing except as a witness upon competent matters and will have no part in the determination or decision of the case after hearing.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-19.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-20. - Answer to complaint — Respondent’s rights at hearing.

§ 28-5-20. Answer to complaint — Respondent’s rights at hearing.
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.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-20.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-20.1. - Proceedings before other state administrative agencies.

§ 28-5-20.1. Proceedings before other state administrative agencies.
(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 defined under the administrative procedures act, chapter 35 of title 42.
(b)
To the extent the commission is bound by findings of fact and conclusions of law of another state administrative agency, the commission shall be entitled to grant any relief authorized under this chapter in accordance with those findings to the extent that this relief was not available to, or within the authority of, the other agency to provide.
History of Section.
P.L. 1998, ch. 284, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-21. - Rules of evidence.

§ 28-5-21. Rules of evidence.
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.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-21.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-22. - Evidence of predetermined pattern.

§ 28-5-22. Evidence of predetermined pattern.
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 authorize or require any employer or labor organization to employ or admit applicants for employment or membership in the proportion to which their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin bears to the total population or in accordance with any criterion other than the individual qualifications of the applicant.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-22; P.L. 1973, ch. 132, § 1; P.L. 1986, ch. 198, § 15; P.L. 1995, ch. 32, § 4; P.L. 1997, ch. 150, § 4; P.L. 2001, ch. 340, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-23. - Testimony at hearing.

§ 28-5-23. Testimony at hearing.
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.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-24. - Injunctive and other remedies — Compliance.

§ 28-5-24. Injunctive and other remedies — Compliance.
(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 respondent to cease and desist from the unlawful employment practices, and to take any further affirmative or other action that will effectuate the purposes of this chapter, including, but not limited to, hiring, reinstatement, or upgrading of employees with or without back pay, or admission or restoration to union membership, including a requirement for reports of the manner of compliance. Back pay shall include the economic value of all benefits and raises to which an employee would have been entitled had an unfair employment practice not been committed, plus interest on those amounts.
(2)
Where an unlawful employment practice has been established under § 28-5-7.3, the commission need not award hiring, reinstatement, or upgrading with back pay if the respondent establishes by a preponderance of the evidence that it would have taken the same action in the absence of any unlawful motivating factor.
(3)
In appropriate circumstances, attorney’s fees, including expert fees and other litigation expenses, may be granted to the attorney for the plaintiff if he or she prevails. Upon the submission of reports of compliance the commission, if satisfied with the reports, may issue its finding that the respondent has ceased to engage in unlawful employment practices.
(b)
If the commission finds that the respondent has engaged in intentional discrimination in violation of this chapter, the commission, in addition, may award compensatory damages. The complainant shall not be required to prove that he or she has suffered physical harm or physical manifestation of injury in order to be awarded compensatory damages. As used in this section, the term “compensatory damages” does not include back pay or interest on back pay, and the term “intentional discrimination in violation of this chapter” means any unlawful employment practice except one that is solely based on a demonstration of disparate impact.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-24; P.L. 1981, ch. 323, § 1; P.L. 1991, ch. 135, § 2; P.L. 1991, ch. 343, § 2; P.L. 1992, ch. 447, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-25. - Order dismissing complaint.

§ 28-5-25. Order dismissing complaint.
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 complainant an order dismissing the complaint as to the respondent. A copy of the order shall be delivered in all cases to the attorney general and any other public officers that the commission deems proper.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-25.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-26. - Modification of findings or orders.

§ 28-5-26. Modification of findings or orders.
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.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-26; P.L. 2004, ch. 6, § 55.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-27. - [Repealed.]

§ 28-5-27. [Repealed.]
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-27; P.L. 1974, ch. 217, § 1; Repealed by P.L. 1992, ch. 276, § 1, effective July 21, 1992.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-28. - Right to judicial review or enforcement.

§ 28-5-28. Right to judicial review or enforcement.
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 as provided in §§ 28-5-28 — 28-5-36. That proceeding shall be brought in the superior court of the state within any county in which the unlawful employment practices that are the subject of the commission’s order were committed or in which any respondent, required in the order to cease and desist from unfair employment practices or to take other affirmative action, resides or transacts business.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-28; P.L. 1983, ch. 57, § 1; P.L. 1984, ch. 30, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-29. - Initiation of judicial proceedings — Powers of court.

§ 28-5-29. Initiation of judicial proceedings — Powers of court.
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 commission. Upon the filing, the court shall have jurisdiction of the proceeding and of the questions determined in it, and shall have the power to grant any temporary relief or restraining order that it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in the transcript an order enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the commission.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-29; P.L. 1986, ch. 198, § 15.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-29.1. - Punitive damages.

§ 28-5-29.1. Punitive damages.
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; provided, that punitive damages shall not be available against the state or its political subdivisions.
History of Section.
P.L. 1991, ch. 135, § 1; P.L. 1991, ch. 343, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-30. - Objections not urged before commission.

§ 28-5-30. Objections not urged before commission.
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.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-30.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-31. - Additional evidence in court.

§ 28-5-31. Additional evidence in court.
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 member, or agent, the court may order the additional evidence to be taken before the commission, its member, or agent and to be made a part of the transcript.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-31.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-32. - Modification of commission’s findings and orders on additional evidence.

§ 28-5-32. Modification of commission’s findings and orders on additional evidence.
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.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-32.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-33. - Exclusive jurisdiction of court — Appeal to supreme court.

§ 28-5-33. Exclusive jurisdiction of court — Appeal to supreme court.
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.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-33.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-34. - Commission’s copy of testimony — Hearing on transcript.

§ 28-5-34. Commission’s copy of testimony — Hearing on transcript.
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 printing.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-34.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-35. - Commission’s attorneys.

§ 28-5-35. Commission’s attorneys.
The commission may appear in court by its own attorneys.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-35.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-36. - Decree for enforcement of commission’s order.

§ 28-5-36. Decree for enforcement of commission’s order.
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 enforcement of the order upon showing that respondent is subject to the commission’s jurisdiction, and resides or transacts business within the county in which the petition for enforcement is brought.
History of Section.
P.L. 1949, ch. 2181, § 9; G.L. 1956, § 28-5-36; P.L. 2004, ch. 381, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-37. - Posting of statutory provisions.

§ 28-5-37. Posting of statutory provisions.
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 chapter and any other relevant information the commission deems necessary to explain the chapter. Any employer, employment agency, or labor union refusing to comply with the provisions of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
History of Section.
P.L. 1949, ch. 2181, § 10; G.L. 1956, § 28-5-37; P.L. 2022, ch. 234, art. 1, § 4, effective December 31, 2022.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-38. - Liberal construction.

§ 28-5-38. Liberal construction.
(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 law of this state relating to discrimination because of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin.
(c)
Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to parental leave.
History of Section.
P.L. 1949, ch. 2181, § 11; G.L. 1956, § 28-5-38; P.L. 1973, ch. 132, § 1; P.L. 1988, ch. 310, § 3; P.L. 1991, ch. 149, § 3; P.L. 1991, ch. 323, § 3; P.L. 1991, ch. 149, § 3; P.L. 1991, ch. 323, § 3; P.L. 1995, ch. 32, § 4; P.L. 1997, ch. 150, § 4; P.L. 2001, ch. 340, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-39. - Severability.

§ 28-5-39. Severability.
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 its application to other persons or circumstances.
History of Section.
P.L. 1949, ch. 2181, § 12; G.L. 1956, § 28-5-39.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-40. - Affirmative action report.

§ 28-5-40. Affirmative action report.
(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 state agency.
(b)
At a minimum, the report shall include statistics for each department and state agency, indicating the employment by race, disability, and sex of workers in each job category in the department or agency, and containing a comparison of those statistics with those of the previous year, and shall include the plans each department or state agency has adopted for the forthcoming year to correct any continuing deficiencies in the employment of women, persons with disabilities, and minorities in the workforce.
History of Section.
P.L. 1988, ch. 536, § 1; P.L. 1989, ch. 151 § 1; P.L. 1991, ch. 149, § 3; P.L. 1991, ch. 323, § 3; P.L. 1997, ch. 150, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-41. - Right to fair employment practices.

§ 28-5-41. Right to fair employment practices.
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.”
History of Section.
P.L. 1995, ch. 32, § 5; P.L. 1997, ch. 150, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-41.1. - Right to fair employment practices — Gender identity or expression.

§ 28-5-41.1. Right to fair employment practices — Gender identity or expression.
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.”
History of Section.
P.L. 2001, ch. 340, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-42. - Receipt of assistance — No estoppel effect.

§ 28-5-42. Receipt of assistance — No estoppel effect.
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 obligations under this chapter, but may be considered as evidence by the commission or court in its determination, nor does such a fact serve as an estoppel or otherwise preclude an individual with a disability from obtaining the protections of this chapter.
History of Section.
P.L. 1996, ch. 280, § 2; P.L. 1997, ch. 150, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5 - Fair Employment Practices › Section 28-5-43. - [Repealed.]

§ 28-5-43. [Repealed.]
History of Section.
P.L. 2015, ch. 244, § 1; P.L. 2015, ch. 273, § 1; Repealed by P.L. 2016, ch. 114, § 2, effective June 22, 2016; P.L. 2016, ch. 119, § 2, effective June 22, 2016.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-1. - Declaration of policy.

§ 28-5.1-1. Declaration of policy.
(a)(1)
Equal opportunity and affirmative action toward its achievement is the policy of all units of Rhode Island state government, including all public and quasi-public agencies, commissions, boards, and authorities, and in the classified, unclassified, and nonclassified services of state employment. This policy applies in all areas where the state dollar is spent, in employment, public service, grants and financial assistance, and in state licensing and regulation.
(2)
All policies, programs, and activities of state government shall be periodically reviewed and revised to assure their fidelity to this policy.
(3)
Each department head shall make a report to the governor and the general assembly not later than September 30 of each year on the statistical results of the implementation of this chapter and to the state equal opportunity office; provided, that the mandatory provisions of this section do not apply to the legislative branch of state government.
(b)
The provisions of this chapter shall in no way impair any contract or collective bargaining agreement currently in effect. Any contract or collective bargaining agreements entered into or renewed after July 6, 1994, shall be subject to the provisions of this chapter.
History of Section.
P.L. 1988, ch. 149, § 1; P.L. 1994, ch. 133, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-2. - State equal opportunity office.

§ 28-5.1-2. State equal opportunity office.
(a)
There shall be a state equal opportunity office. This office, under the direct administrative supervision of the office of diversity, equity and opportunity, shall report to the governor and to the general assembly on state equal opportunity programs. The state equal opportunity office shall be responsible for ensuring compliance with the requirements of all federal agencies for equal opportunity and shall provide training and technical assistance as may be requested by any company doing business in Rhode Island and all state departments as is necessary to comply with the intent of this chapter.
(b)
The state equal opportunity office shall issue any guidelines, directives, or instructions that are necessary to effectuate its responsibilities under this chapter, and is authorized to investigate possible discrimination, hold hearings, and direct corrective action to the discrimination.
History of Section.
P.L. 1988, ch. 149, § 1; P.L. 2016, ch. 142, art. 4, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-3.1. - Appointments to state boards, commissions, public authorities, and quasi-public corporations.

§ 28-5.1-3.1. Appointments to state boards, commissions, public authorities, and quasi-public corporations.
(a)
The general assembly finds that, as a matter of public policy, the effectiveness of each appointed state board, commission, and the governing body of each public authority and quasi-public corporation is enhanced when it reflects the diversity, including the racial and gender composition, of Rhode Island’s population. Consequently, each person responsible for appointing one or more individuals to serve on any board or commission or to the governing body of any public authority or board shall endeavor to ensure that, to the fullest extent possible, the composition of the board, commission, or governing body reflects the diversity of Rhode Island’s population.
(b)
During the month of January in each year the boards, agencies, commissions, or authorities are requested to file with the state equal opportunity office a list of its members, designating their race, gender, and date of appointment.
(c)
Of the candidates considered for appointment by the governor and the general assembly, the governor and the general assembly shall give due consideration to recommendations made by representatives of Rhode Island’s minority community-based organizations. The human resources outreach and diversity office shall act as the liaison with state government and shall forward the recommendations to appointing authorities.
(d)
The appointing authority, in consultation with the equal employment opportunity administrator and the human resources outreach and diversity administrator within the department of administration, shall annually conduct a utilization analysis of appointments to state boards, commissions, public authorities, and quasi-public corporations based upon the annual review conducted pursuant to § 28-5.1-3.
(e)
The equal employment opportunity administrator shall report the results of the analysis to the Rhode Island commission for human rights and to the general assembly by or on January 31 and July 31 of each year, consistent with § 28-5.1-17. The report shall be a public record and shall be made available electronically on the secretary of state’s website.
History of Section.
P.L. 1993, ch. 275, § 1; P.L. 2007, ch. 502, § 1; P.L. 2007, ch. 514, § 1; P.L. 2016, ch. 142, art. 4, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-3.2. - Enforcement.

§ 28-5.1-3.2. Enforcement.
(a)
The state equal opportunity administrator is authorized to initiate complaints against any agencies, administrators, or employees of any department or division within state government, excluding the legislative branch, who or that willfully fail to comply with the requirements of any applicable affirmative action plan or of this chapter or who or that fail to meet the standards of good faith effort, reasonable basis, or reasonable action, as defined in guidelines promulgated by the federal Equal Employment Opportunity Commission as set forth in 29 C.F.R. Part 1607.
(b)
Whenever the equal employment opportunity administrator initiates a complaint, he or she shall cause to be issued and served in the name of the equal employment opportunity office a written notice, together with a copy of the complaint, requiring that the agency, administrator, agent, or employee respond and appear at a hearing at a time and place specified in the notice. The equal employment opportunity office shall follow its lawfully adopted rules and regulations concerning hearings of discrimination complaints.
(c)
The equal employment opportunity office shall have the power, after a hearing, to issue an order requiring a respondent to a complaint to cease and desist from any unlawful discriminatory practice and/or to take any affirmative action, including, but not limited to, hiring, reinstatement, transfer, or upgrading employees, with or without back pay, or dismissal, that may be necessary to secure compliance with any applicable affirmative action plan or with state or federal law.
(d)
A final order of the equal employment opportunity office constitutes an “order” within the meaning of § 42-35-1; is enforceable as an order; is to be rendered in accordance with § 42-35-12; and is subject to judicial review in accordance with § 42-35-15.
History of Section.
P.L. 1994, ch. 133, § 4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-4. - Employment policies for state employees.

§ 28-5.1-4. Employment policies for state employees.
(a)
Each appointing authority shall review the recruitment, appointment, assignment, upgrading, and promotion policies and activities for state employees without regard to race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. All appointing authorities shall hire and promote employees without discrimination.
(b)
Special attention shall be given to the parity of classes of employees doing similar work and the training of supervisory personnel in equal opportunity/affirmative action principles and procedures.
(c)
Annually, each appointing authority shall include in its budget presentation any necessary programs, goals, and objectives that shall improve the equal opportunity aspects of their department’s employment policies.
(d)
Each appointing authority shall make a monthly report to the state equal opportunity office on persons hired, disciplined, terminated, promoted, transferred, and vacancies occurring within their department.
History of Section.
P.L. 1988, ch. 149, § 1; P.L. 1997, ch. 150, § 5; P.L. 2004, ch. 6, § 44.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-5. - Personnel administration.

§ 28-5.1-5. Personnel administration.
(a)(1)
The office of personnel administration of the department of administration, in consultation with the office of diversity, equity and opportunity, shall prepare a comprehensive plan indicating the appropriate steps necessary to maintain and secure the equal opportunity responsibility and commitment of that division. The plan shall set forth attainable goals and target dates based upon a utilization study for achievement of the goals, together with operational assignment for each element of the plan to ensure measurable progress.
(2)
The office of personnel administration shall:
(i)
Take positive steps to ensure that the entire examination and testing process, including the development of job specifications and employment qualifications, is free from either conscious or inadvertent bias; and
(ii)
Review all recruitment procedures for all state agencies covered by this chapter for compliance with federal and state law, and bring to the attention of the equal opportunity administrator matters of concern to its jurisdiction.
(3)
The division of budget shall indicate in the annual personnel supplement progress made toward the achievement of equal employment goals.
(4)
The division of purchases shall cooperate in administering the state contract compliance programs.
(5)
The division of statewide planning shall cooperate in ensuring compliance from all recipients of federal grants.
(b)
The office of labor relations shall propose in negotiations the inclusion of affirmative action language suitable to the need for attaining and maintaining a diverse workforce.
(c)
There is created a six-member (6) committee that shall monitor negotiations with all collective bargaining units within state government specifically for equal opportunity and affirmative action interests. The members of that committee shall include the director of the Rhode Island commission for human rights, the associate director of the office of diversity, equity and opportunity, the equal opportunity administrator, the personnel administrator, one member of the house of representatives appointed by the speaker, and one member of the senate appointed by the president of the senate.
History of Section.
P.L. 1988, ch. 149, § 1; P.L. 1994, ch. 133, § 5; P.L. 2001, ch. 180, § 59; P.L. 2016, ch. 142, art. 4, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-6. - Commission for human rights.

§ 28-5.1-6. Commission for human rights.
The Rhode Island commission for human rights shall exercise its enforcement powers as defined in chapter 5 of this title and in this chapter, and shall have the full cooperation of all state agencies. Wherever necessary, the commission shall, at its own initiative or upon a complaint, bring charges of discrimination against those agencies and their personnel who fail to comply with the applicable state laws and this chapter. This commission also has the power to order discontinuance of any departmental or division employment pattern or practice deemed discriminatory in intent by the commission, after a hearing on the record, and may seek court enforcement of such an order. The commission shall utilize the state equal opportunity office as its liaison with state government. The Rhode Island commission for human rights is authorized to make any rules and regulations that it deems necessary to carry out its responsibilities under this chapter, and to establish any sanctions that may be appropriate within the rules and regulations of the state.
History of Section.
P.L. 1988, ch. 149, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-7. - State services and facilities.

§ 28-5.1-7. State services and facilities.
(a)
Every state agency shall render service to the citizens of this state without discrimination based on race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. No state facility shall be used in furtherance of any discriminatory practice nor shall any state agency become a party to any agreement, arrangement, or plan that has the effect of sanctioning those patterns or practices.
(b)
At the request of the state equal opportunity office, each appointing authority shall critically analyze all of its operations to ascertain possible instances of noncompliance with this policy and shall initiate sustained, comprehensive programs based on the guidelines of the state equal opportunity office to remedy any defects found to exist.
History of Section.
P.L. 1988, ch. 149, § 1; P.L. 1995, ch. 32, § 8; P.L. 1997, ch. 150, § 5; P.L. 2001, ch. 340, § 7.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-5.1 - Equal Opportunity and Affirmative Action › Section 28-5.1-8. - Education, training, and apprenticeship programs.

§ 28-5.1-8. Education, training, and apprenticeship programs.
(a)
All educational programs and activities of state agencies, or in which state agencies participate, shall be open to all qualified persons without regard to race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. The programs shall be conducted to encourage the fullest development of the interests, aptitudes, skills, and capacities of all participants.
(b)
Those state agencies responsible for educational programs and activities shall take positive steps to ensure that all programs are free from either conscious or inadvertent bias, and shall make quarterly reports to the state equal opportunity office with regard to the number of persons being served and to the extent to which the goals of the chapter are being met by the programs.
(c)
Expansion of training opportunities shall also be encouraged with a view toward involving larger numbers of participants from those segments of the labor force where the need for upgrading levels of skill is greatest.
History of Section.
P.L. 1988, ch. 149, § 1; P.L. 1995, ch. 32, § 8; P.L. 1997, ch. 150, § 5; P.L. 2001, ch. 340, § 7; P.L. 2004, ch. 6, § 44.