Rhode Island Code of Regulations › Title 515 - Commission for Human Rights › Chapter 10 - Operation › Subchapter 00 - N/A › Part 1 - Definitions and General Applicability › Section 515-RICR-10-00-1.3 - Harassment

Current through June 14, 2024
1.3.1
Sexual Harassment.
A. Harassment on the basis of sex is a
				 violation of the Fair Employment Practices Act.
B. Unwelcome sexual advances, requests for
				 sexual favors, and other verbal or physical conduct of a sexual nature
				 constitute sexual harassment when:
1.
				 submission to such conduct is made either explicitly or implicitly a term or
				 condition of an individual's employment;
2. submission to or rejection of such conduct
				 by an individual is used as the basis for employment decisions affecting such
				 individual; or,
3. such conduct has
				 the purpose or effect of unreasonably interfering with an individual's work
				 performance or creating an intimidating, hostile, or offensive working
				 environment.
C. In
				 determining whether alleged conduct constitutes sexual harassment, the
				 Commission shall look at the record as a whole and at the totality of the
				 circumstances, such as the nature of the sexual advances and the context in
				 which the alleged incidents occurred. The determination of the legality of a
				 particular action will be made from the facts, on a case by case
				 basis.
D. Applying general Fair
				 Employment Practices Act principles, an employer, employment agency,
				 employee-referring source or labor organization (hereinafter collectively
				 referred to as "employer") is responsible for its acts and those of its agents
				 and supervisory employees with respect to sexual harassment, regardless of
				 whether the specific acts complained of were authorized or even forbidden by
				 the employer and regardless of whether the employer knew of their occurrence.
				 The Commission shall examine the circumstances of the particular employment
				 relationship and the job functions performed by the individual in determining
				 whether an individual acts in either a supervisory or agency
				 capacity.
E. With respect to
				 conduct between fellow employees, an employer is responsible for acts of sexual
				 harassment in the workplace where the employer (or its agents or supervisory
				 employees) knows or should have known of the conduct, unless it can show that
				 it took immediate and appropriate corrective action.
F. An employer may also be responsible for
				 the acts of non-employees, with respect to sexual harassment of employees in
				 the workplace, where the employer (or its agents or supervisory employees)
				 knows or should have known of the conduct and fails to take immediate and
				 appropriate corrective action. In reviewing these cases, the Commission shall
				 consider the extent of the employer's control and any other legal
				 responsibility which the employer may have with respect to the conduct of such
				 non-employees.
G. An employer is
				 liable for sexual harassment by a supervisor that results in a tangible
				 employment action such as termination, failure to promote or hire, or loss of
				 wages.
H. If a supervisor's
				 harassment results in a hostile work environment, an employer can avoid
				 liability for that environment if they/it can prove that:
1. they/it reasonably tried to prevent and
				 promptly correct the harassing behavior; and,
2. the employee unreasonably failed to take
				 advantage of any preventative or corrective opportunities provided by the
				 employer.
I. Where
				 employment opportunities or benefits are granted because of an individual's
				 submission to the employer's sexual advances or requests for sexual favors, the
				 employer may be held liable for other unlawful sex discrimination against other
				 persons who were qualified for but denied that employment opportunity or
				 benefit.