Note: The square brackets, [ and ], indicate where the insertions
or changes are located in the law. Deletions are indicated by [* and
*].
95-H 6678 Substitute A
UNOFFICIAL COPY
STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION A.D. 1995
AN ACT RELATING TO CIVIL RIGHTS
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 34-37 of the general laws entitled "Rhode Island
Fair Housing Law" is hereby amended by adding thereto the following
section:
[34-37-2.2. Right to equal housing opportunities sexual orientation.
Whenever in this chapter there shall appear the word "sex" there
shall be inserted immediately thereafter the words "sexual orientation".]
[34-37-4.4. Discrimination based on sexual orientation -- Exemption.-- Nothing
in this title shall prohibit an owner of a housing accommodation from refusing
to rent to a person based on his or her sexual orientation if the housing
accommodation is three (3) units or less, one (1) of which is occupied by
the owner.]
SECTION 2. Sections 34-37-1, 34-37-2, 34-37-3, 34-37-4, 34p;37p;4.2,
34-37-4.3, 34-37-5.2, 34-37-5.3, and 34-37-5.4 of the General Laws in Chapter
34-37 entitled "Rhode Island Fair Housing Practices Law" are hereby
amended to read as follows:
34-37-1. Finding and declaration of policy. -- In the State of Rhode Island
and Providence Plantations, hereinafter referred to as the state, many people
are denied equal opportunity in obtaining housing accommodations and are
forced to live in circumscribed area because of discriminatory housing practices
based upon race, color, religion, sex, [sexual orientation,] marital
status, country of ancestral origin, handicap, age or familial status. Such
practices tend unjustly to condemn large groups of inhabitants to dwell
in segregated districts or under depressed living conditions in crowded,
unsanitary, substandard and unhealthful accommodations. Such conditions
breed intergroup tension as veil as vice, disease, juvenile delinquency
and crime; increase the fire hazard; endanger the public health; jeopardize
the public safety, general welfare and good order of the entire state; and
impose substantial burdens on the public revenues for the abatement and
relief of conditions so created. Such discriminatory and segregative housing
practices are inimical to and subvert the basic principles upon which the
Colony of Rhode Island and Providence Plantations was founded and upon which
the state and the United States were later established. Discrimination and
segregation in housing tend to result in segregation in our public schools
and other public facilities, which is contrary to the policy of the state
and the constitution of the United States. Further, discrimination and segregation
in housing adversely affect urban renewal programs and the growth, progress
and prosperity of the state. In order to aid in the correction of these
evils, it is necessary to safeguard the right of all individuals to equal
opportunity in obtaining housing accommodations free of such discrimination.
It is hereby declared to be the policy of the state to assure to all individuals
regardless of race, color, religion, sex, [sexual orientation,] marital
status, or country of ancestral origin or handicap, age or familial status
equal opportunity to live in decent safe, sanitary and healthful accommodations
anywhere within the state in order that the peace, health, safety and general
welfare of all the inhabitants of the state may be protected and insured.
The practice of discrimination in rental housing based on the potential
at actual tenancy of a person with a minor child is declared to be against
public policy.
This chapter shall be deemed an exercise of the police power of the state
for the protection of the public welfare, prosperity, health and peace of
the people of the state.
34-37-2. Right to equal housing opportunities -- Civil rights.
The right of all individuals in the state to equal housing opportunities
and regardless of race, color, religion, sex, [sexual orientation,]
marital status, country of ancestral origin, handicap, age or familial status,
is hereby recognized as, and declared to be, a civil right.
34-37-3. Definitions. -- When used in this chapter:
(A) The term "person" includes one or more individuals, partnerships,
associations, organizations, corporations, labor organizations, mutual companies,
joint-stock companies, trusts, receivers, legal representatives, trustees,
other fiduciaries, or real estate brokers or real estate salespersons as
defined in chapter 20.5 of title 5.
(B) The term "owner" includes any person having the right to sell,
rent, lease or manage a housing accommodation.
(C) The term "housing accommodation" includes any building or
structure, or portion thereof, or any parcel of land, developed or undeveloped,
which is occupied or is intended, designed, or arranged to be occupied,
or to be developed for occupancy, as the home or residence of one or mote
persons.
(D) The term "commission" means the Rhode Island Commission for
Human Rights created by sections 28-5-1 to 28-5-39, inclusive.
(E) The term "discriminate" includes segregate, separate or otherwise
differentiate between or among individuals, because of race, color, religion,
sex, [sexual orientation,] marital status, country of ancestral origin,
handicap, age, or familial status or because of the race or color, religion,
sex, [sexual orientation,] marital status, country of ancestral origin,
handicap, age or familial status of any person with whom they are or may
wish to be associated.
(F) The term "age" means anyone over the age of eighteen (18).
(G) The term "senior citizen" means a person (62) years of age
or older.
(H) "Familial status" means one (1) or more individuals (who have
not attained the age of eighteen (18) years) being domiciled with:
(1) a parent or another person having legal custody of such individual or
individuals; or
(2) the designee of such parent or other person having such custody, with
the written permission of such parent or other person provided that if such
an individual is not a relative or legal dependent of the designee, that
such an individual shall have been domiciled with the designee for at least
six (6) months.
The protections afforded against discrimination on the basis of familial
status shall apply to any person who is pregnant or is in the process of
securing legal custody of any individual who has not attained the age of
eighteen (18) years.
(I) The term "infirm person" means a person who is disabled or
suffering from a chronic illness.
(J) The term "handicap" means any person who:
(1) Has a physical or mental impairment which substantially limits one or
more major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment; and
(4) Is otherwise qualified ;but such term does not include current, illegal
use of or addiction to a controlled substance (as defined in section 102
of The Controlled Substances Act (21 USC 802)).
(K) "Physical or mental impairment" means any physiological disorder
or condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems: neurological; musculoskeletal; special
sense organs: Respiratory, including speech organs; cardiovascular; reproductive,
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
any mental or psychological disorder, such as mental retardation; organic
brain syndrome, emotional or mental illness, and specific learning disabilities.
(L) "Major life activities" means functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(M) "Has a record of such an impairment" means has a history of,
or has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(N) "Regarded as having an impairment" means has a physical or
mental impairment that does not substantially limit major life activities
but that is treated as constituting such a limitation; has a physical or
mental impairment that substantially limits major life activities only as
a result of the attitudes of those toward such impairment; or has none of
the impairments but is treated as having such an impairment.
(O) "Otherwise qualified" includes any handicapped person who
with respect to the rental of property, personally or with assistance arranged
by said handicapped person is capable of performing all the responsibilities
of a tenant as contained in chapter 34-18-24 "tenant to maintain dwelling
unit".
[(P) The term "sexual orientation" means, having or being perceived
as having an orientation for heterosexuality, bisexuality, or homosexuality.
This definition is intended to describe the status of persons and does not
render lawful any conduct prohibited by the criminal laws of this state
nor impose any duty on a religious organization. This definition does not
confer legislative approval of said status, but is intended to assure the
basic human rights of persons to hold and convey property and to give and
obtain credit, regardless of such status.]
34-37-4. Unlawful housing practices. -- (A) No owner having the right to
sell, rent, lease or manage a housing accommodation as defined in subsection
(B) of section 34-37-3, or an agent of any of these shall, directly or indirectly,
make or cause to be made any written or oral inquiry concerning the race,
color, religion, sex, [sexual orientation,] marital status, country
of ancestral origin or handicap, age or familial status of any prospective
purchaser, occupant or tenant of such housing accommodation; or shall, directly
of indirectly, refuse to sell, rent, lease, let or otherwise deny to or
withhold from any individual such housing accommodation because of the race,
color, religion, sex, [sexual orientation,] marital status, country
of ancestral origin, handicap, age or familial status of such individual
or the race, color, religion, sex, [sexual orientation,] marital
status country of ancestral origin or handicap, age or familial status of
any person with wham such individual is or may wish to be associated; or
shall, directly or indirectly, issue any advertisement relating to the sale,
rental or lease of such housing accommodation which indicates any preference,
limitation, specification or discrimination based upon race, color, religion,
sex, [sexual orientation,] marital status, country of ancestral origin,
handicap, age or familial status or shall, directly or indirectly, discriminate
against any individual because of his or her race, color, religion, sex,
[sexual orientation,] marital status, country of ancestral origin,
handicap, age or familial status in the terms, conditions or privileges
of the sale, rental or lease of any such housing accommodation or in the
furnishing of facilities or services in connection therewith. Nothing in
this subsection shall be construed to prohibit any oral or written inquiry
as to whether the prospective purchaser or tenant is over the age of eighteen
(18).
(B) No person to whom application is made for a loan or other form of financial
assistance for the acquisition, construction, rehabilitation, repair or
maintenance of any housing accommodation, whether secured or unsecured shall
directly or indirectly, make or cause co be made any written or oral inquiry
concerning the race, color, religion, sex, [sexual orientation,]
marital status, country of ancestral origin, handicap, age or familial status
of any individual seeking such financial assistance, or of existing or prospective
occupants or tenants of such housing accommodation; nor shall any such person
to whom such application is made in the manner hereinbefore provided, directly
or indirectly, discriminate in the terms, conditions or privileges relating
to the obtaining or use of any such financial assistance against any applicant
because of the race, color, religion, sex, [sexual orientation,]
marital status, country of ancestral origin, handicap, age or familial status
of such applicant or of the existing or prospective occupants or tenants.
Nothing in this subsection shall be construed to prohibit any written or
oral inquiry as to whether the applicant is over the age of eighteen (18).
(C) Nothing in this section contained shall be construed in any manner to
prohibit or limit the exercise of the privilege of every person and the
agent of any person having the right to sell, rent, lease or manage a housing
accommodation to establish standards and preferences and set terms, conditions,
limitations or specifications in the selling, renting, leasing or letting
thereof or in the furnishing of facilities or services in connection therewith
which do not discriminate on the basis of the race, color, religion, sex,
[sexual orientation,] marital status or country of ancestral origin
or handicap or age or familial status of any prospective purchaser, lessee,
tenant or occupant thereof or on the race, color, religion, sex, [sexual
orientation,] marital status or country of ancestral origin or handicap
or age or familial status of any person with whom such prospective purchaser,
lessee, tenant or occupant is or may wish to be associated. Nothing in this
section contained shall be construed in any manner to prohibit or limit
the exercise of the privilege of every person and the agent of any person
making loans for or offering financial assistance in the acquisition, construction,
rehabilitation, repair or maintenance of housing accommodations to set standards
and preferences, terms, conditions, limitations, or specifications for the
granting of such loans or financial assistance which do not discriminate
on the basis of the race, color, religion, sex, [sexual orientation,]
marital status or country of ancestral origin or handicap or age or familial
status of the applicant for such loan or financial assistance or of any
existing or prospective owner, lessee, tenant or occupant of such housing
accommodation.
(D) An owner may not refuse to allow a handicapped person to make, at his/her
expense, reasonable modifications of existing premises occupied or to be
occupied by such person if such modifications may be necessary to afford
such person full enjoyment of the premises, except that, in the case of
a rental, the owner may where it is reasonable to do so condition permission
for a modification on the renter agreeing to restore the interior of the
premises to the condition that existed before the modification, reasonable
wear and tear excepted. Where it is necessary in order to ensure with reasonable
certainty that funds will be available to pay for the restorations at the
end of the tenancy, the landlord may negotiate as part of such a restoration
agreement a provision requiring thee the tenant pay into an interest bearing
escrow account, over a reasonable period, a reasonable amount of money not
to exceed the cost of the restorations. The interest in any such account
shall accrue to the benefit of the tenant. Such a restoration deposition
shall be exempt from Rhode Island General Laws section 34-18-19(A) but will
be subject to Rhode Island General Laws section 34-18-19(B-F).
(E) An owner may not refuse to make reasonable accommodations in rules,
policies, practices, or services, when such accommodations may be necessary
to afford a handicapped occupant equal opportunity to use and enjoy a dwelling.
Every totally or partially blind person or other handicapped person who
has a guide dog, or other personal assistive animal, or who obtains a guide
dog, or other personal assistive animal, shall be entitled to full and equal
access to all housing accommodations provided for in this subsection, and
shall not be required to pay extra compensation for such guide dog, or other
personal assistive animal, but shall be liable for any damage done to the
premises by such a guide dog or other personal assistive animal. For the
purposes of this subsection a "personal assistive animal" is an
animal specifically trained, by a certified animal training program, to
assist a handicapped person perform independent living tasks.
(F) Any housing accommodation of four (4) units or more constructed for
first occupancy after March 13, 1991 shall be designed and constructed in
such a manner that:
(1) the public use and common use portions of such dwellings are readily
accessible to and useable by handicapped persons;
(2) all the doors designed to allow passage into and within all premises
within such dwellings are sufficiently wide to allow passage by handicapped
persons in wheelchairs;
(3) all premises within such dwellings contain the following features of
adaptive design:
(a) accessible route into and through the dwelling;
(b) light switches, electrical outlets, thermostats, and other environmental
controls in accessible locations;
(c) reinforcements in bathroom walls to allow later installation of grab
bars; and
(d) useable kitchens and bathrooms such that an individual in a wheelchair
can maneuver about the space. To the extent that any state or local building
codes, statutes or ordinances are inconsistent with this section, they are
hereby repealed. The state building code standards committee is hereby directed
to adopt rules and regulations consistent with this section as soon as possible,
but no later than September 30, 1990.
(G) Compliance with the appropriate requirements of the American National
Standard for buildings and facilities providing accessibility and useability
for physically handicapped people (commonly cited as "ANSI A117.1")
suffices to satisfy the requirements of section (F).
(H) As used in section (F), the term "housing accommodation of four
(4) units or more" means:
(1) buildings consisting of four (4) or more units if such buildings have
one (1) or more elevators; and
(2) ground floor units in other buildings consisting of four (4) or more
units;
(I) Nothing in section (F) shall be construed to limit any law, statute
or regulation which requires a greater degree of accessibility to handicapped
persons.
(J) Nothing in this section requires that a dwelling be made available to
an individual whose tenancy would constitute a direct threat to the health
or safety of other individuals or whose tenancy would result in substantial
physical damage to the property of others.
(K) Nothing contained in this chapter shall be construed to prohibit an
owner, lessee, sublessee or assignee from advertising or selecting a person
of the same or opposite gender to rent, lease or share the housing unit
which the owner, lessee, sublessee or assignee will occupy with the person
selected.
(L) No person shall aid, abet, incite, compel or coerce the doing of any
act declared by this section to be an unlawful housing practice, or obstruct
or prevent any person from complying with the provisions of this chapter
or any order issued thereunder, or attempt directly or indirectly to commit
any act declared by this section to be an unlawful housing practice.
(M) No owner, person defined in section 34-37-2(A), no person to whom application
is made for a loan or other form of financial assistance for the acquisition,
construction, rehabilitation, repair or maintenance of any housing accommodation,
whether secured or unsecured, no financial organization governed by the
provisions of title 19 entitled "Financial Institutions" or any
other credit granting commercial institution, no respondent under this chapter
or any agent of these shall discriminate in any manner against any individual
because he or she has opposed any practice forbidden by this chapter, or
because he or she has made a charge, testified, or assisted in any manner
in any investigation, proceeding or hearing under this chapter.
34-37-4.2. Exemptions -- General. -- (A) Nothing in this subchapter shall
prohibit a religious organization, association or society or any nonprofit
institution or organization operated, supervised or controlled by or in
conjunction with a religious organization, association or society from limiting
the sale, rental or occupancy of a dwelling which it owns or operates for
other than commercial purposes to persons of the same religion or from giving
preference to such persons unless membership in such religion is restricted
on account of sex, [sexual orientation,] race, color or national
origin or handicap. Nor shall anything in this subchapter prohibit a private
club not in fact open to the public which as an incident to its primary
purpose or purposes provides lodgings which it owns or operates for other
then a commercial purpose from limiting the rental or occupancy of such
lodgings to its members or from giving preference to its members.
(B) Nothing in this title limits the applicability of any reasonable local,
state or federal restrictions regarding the maximum number of occupants
permitted to occupy a dwelling.
34-37-4.3. Discrimination in granting credit or loans prohibited. -- No
financial organization governed by the provisions of title 19 of the general
laws, entitled "Financial Institutions" or any other credit granting
commercial institution may discriminate in the granting or extension of
any form of loan or credit, or the privilege or capacity to obtain any form
of loan or credit, on the basis of the applicant's sex, marital status,
race or color, religion or country of ancestral origin, handicap or age
or familial status[, or sexual orientation] and such form of loan
and credit shall not be limited to those concerned with housing accommodations
end the commission shall prevent any violation hereof in the same manner
as it is to prevent unlawful housing practices under the provisions of this
chapter.
34-37-5.2. Discrimination in brokerage services. -- It shall be unlawful
to deny any person who meets licensing and other non-discriminatory requirements
which are also applied to other applicants and members access to or membership
or participation in any real estate listing service, real estate brokers'
organization or other service, organization, or facility relating to the
business of selling, leasing or renting a housing accommodation, or to discriminate
against him/her in the terms or conditions of such access, membership, or
participation, on account of race, color, religion, sex, [sexual orientation,]
marital status, country of ancestral origin, handicap. age or familial status.
34-37-5.3. Fostering of segregated housing prohibited. -- It shall be an
unlawful discriminatory housing practice to, for profit, induce, or attempt
to induce any person to sell or rent any dwelling by representations regarding
the entry or perspective entry into the neighborhood of a person or persons
of a particular race, color, religion, marital status, country of ancestral
origin, sex, [sexual orientation,] age, handicap or familial status.
34-37-5.4. Discrimination in residential real estate-related transactions.
-- (A) It shell be unlawful for any person or other entity whose business
includes engaging in residential real estate-related transactions to discriminate
against any person in making available such a transaction, or in the terms
and conditions of such a transaction, because of race, color, religion,
marital status, country of ancestral origin, sex, [sexual orientation,]
age, handicap or familial status.
(B) Definition. -- As used in this section, the term "residential real
estate-related transaction" means any of the following:
(1) The making or purchasing of loans or providing other financial assistance:
(a) for purchasing constructing, improving, repairing, or maintaining a
dwelling; or
(b) secured by residential real estate.
(2) The selling, brokering, or appraising of residential real property.
(C) Appraisal Exemption. -- Nothing in this act prohibits a person engaged
in the business of furnishing appraisals of real property to take into consideration
factors other than race, color, religion, marital status, country of ancestral
origin, sex, [sexual orientation,] age, handicap or familial status.
SECTION 3. Section 34-37-7 of the General Laws in Chapter 34-37 entitled
'Rhode Island Fair Housing Practices Act' is hereby repealed in its entirety.
[* 34-37-7. Educational program. -- (a) In order to eliminate the discriminatory
practices, based upon race, color, religion, sex, marital status, country
of ancestral origin, age, familial status or handicap, and the resulting
conditions therefrom, as more fully set forth in section 34-37-1, the commission
and the state department of 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
thereof, calculated to emphasize the origin of prejudice, its harmful effects,
and its incompatibility with American principles of equality and fair play.
(b) The commission is hereby authorized to accept contributions from any
person to assist in the effectuation of this section and may seek and enlist
the cooperation of private charitable, religious, labor, civic, and benevolent
organizations for the purposes of this section. *]
SECTION 4. Sections 28-5-2, 28-5-3, 28-5-5, 28-5-6, 28-5-7, 28-5-7.2, 28-5-7.3,
28-5-13, 28-5.22 and 28-5-38 of the General Laws in Chapter 28-5 entitled
"Fair Employment Practices" are hereby amended to read as follows:
28-5-2. Statement as to results of discriminatory practices. -- The practice
or policy of discrimination against individuals because of their race or
color, religion, sex, [sexual orientation,] handicap, age, or country
of ancestral origin is a matter of state concern. Such discrimination foments
domestic strife and unrest, threatens the rights and privileges of the inhabitants
of the state, and undermines the foundations of a free democratic state.
The denial of equal employment opportunities because of such discrimination
and the consequent failure to utilize the productive capacities of individuals
to their fullest extent deprive large segments of the population of the
state of earnings necessary to maintain decent standards of living, necessitates
their resort to public relief, and intensifies group conflicts, thereby
resulting in grave injury to the public safety, health, and welfare.
28-5-3. Public policy. -- It is hereby declared to be the public policy
of this state to foster the employment of all individuals in this state
in accordance with their fullest capacities, regardless of their race or
color, religion, sex, [sexual orientation,] handicap, age, or country
of ancestral origin, end to safeguard their right to obtain and hold employment
without such discrimination.
28-5-5. Right to equal employment opportunities. -- The right of all individuals
in this state to equal employment opportunities, regardless of race or color,
religion, sex, [sexual orientation,] handicap, age, or country of
ancestral origin, is hereby recognized as, and declared to be a civil right.
28-5-6. Definitions. -- When used in this chapter:
(1) The term "person" includes one or more individuals, partnerships,
associations, organizations, corporations, legal representatives, trustees,
trustees in bankruptcy, or receivers.
(2)(A) The term "employer" includes the state and all political
subdivisions thereof and any person in this state employing four (4) or
more individuals, and any person acting in the interest of an employer directly
or indirectly.
(B) Nothing herein shall be construed to apply to a religious corporation,
association, educational institution, or society with respect to the employment
of individuals of its religion to perform work connected with the carrying
on of its activities.
(C) The term "employee" does not include any individual employed
by his or her parents, spouse, or child, or in the domestic service of any
person.
(3) The term "labor organization" includes any organization which
exists for the purpose, in whole or in part, of collective bargaining or
of dealing with employers concerning grievances, terms or conditions of
employment, or of other mutual aid or protection in relation to employment.
(4) The term "employment agency" includes any person undertaking
with or without compensation to procure opportunities to work, or to procure,
recruit, refer, or place employees.
(5) The term "commission" means the Rhode Island commission against
discrimination created by this chapter.
(6) The term "discriminate" includes segregate or separate.
(7) The term "handicap" means any physical or mental impairment
which substantially limits one or more major life activities, a record of
such impairment or is regarded as having such an impairment by any person,
employer, labor organization or employment agency subject to this chapter.
As used in this subdivision, the phrase:
(A) "Physical or mental impairment" means any physiological disorder
or condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs; cardiovascular; reproductive,
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
any mental or psychological disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness, and specific learning disabilities.
(B) "Major life activities" means functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(C) "Has a record of such an impairment" means has a history of,
or has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(D) "Regarded as having an impairment" means has a physical or
mental impairment that does not substantially limit major life activities
but that is treated as constituting such a limitation; has a physical or
mental impairment that substantially limits major life activities only as
a result of the attitudes of others toward such impairment; or has none
of the impairments but is treated as having such an impairment.
(8) The term "age" means anyone who is at least forty (40) but
not seventy (70) years of age.
(9) The terms "because of sex" or "on the basis of sex"
include, but are not limited to, because of or on the basis of pregnancy,
childbirth or related medical conditions, and women affected by pregnancy,
childbirth or related medical conditions shall be treated the same for all
employment-related purposes, including receipt of benefits under fringe
benefit programs, as other persons not so affected but similar in their
ability or inability to work, and nothing in this chapter shall be interpreted
to permit otherwise.
(10) The term "firefighter" means an employee, the duties of whose
position includes work connected with the control and extinguishment of
fires or the maintenance and use of firefighting apparatus and equipment,
including an employee engaged in this activity who is transferred or promoted
to a supervisory or administrative position.
(11) The term "law enforcement officer" means an employee, the
duties of whose position include investigation, apprehension, or detention
of individuals suspected or convicted of offenses against the criminal laws
of the state, including an employee engaged in such activity who is transferred
or promoted to a supervisory or administrative position. For the purpose
of this subsection, "detention" includes the duties of employees
assigned to guard individuals incarcerated in any penal institution.
[(12) The term "sexual orientation" means, having or being
perceived as having an orientation for heterosexuality, bisexuality, or
homosexuality. This definition is intended to describe the status of persons
and does not render lawful any conduct prohibited by the criminal laws of
this state nor impose any duty on a religious organization. This definition
does not confer legislative approval of said status, but is intended to
assure the basic human rights of persons to obtain and hold employment,
regardless of such status.]
28-5-7. -- It shall be an unlawful employment practice:
(1) For any employer:
(A) To refuse to hire any applicant for employment because of his or her
race or color, religion, sex, handicap, age, [sexual orientation,]
or country of ancestral origin; or
(B) Because of such reasons, to discharge an employee or discriminate against
him or her with respect to hire, tenure, compensation, terms, conditions
or privileges or employment, or any other matter directly or indirectly
related to employment[, provided however, if an insurer or employer extends
insurance related benefits to persons other than or in addition to the named
employee, nothing herein shall require those benefits to be offered to unmarried
partners of named employees]; or
(C) In the recruiting of individuals for employment or in hiring them, to
utilize any employment agency, placement service, training school or center,
labor organization, or any other employee referring source which such employer
knows, or has reasonable cause to know, discriminates against individuals
because of their race or color, religion, sex, [sexual orientation,]
handicap, age, or country of ancestral origin; or
(D) To refuse to reasonably accommodate an employee's or prospective employee's
handicap unless the employer can demonstrate that the accommodation would
pose a hardship on the employer's program, enterprise or business;
(2) For any employment agency:
(A) To fail or refuse to classify properly or refer for employment or otherwise
discriminate against any individual because of his or her race or color,
religion, sex handicap, age, [sexual orientation,] or country of
ancestral origin; or
(B) For any employment agency, placement service, training school or center,
labor organization, or any other employee referring source to comply with
an employer's request for the referral of job applicants if such request
indicates either directly or indirectly that such employer will not afford
full and equal employment opportunitites to individuals regardless of their
race or color, religion, sex, [sexual orientation,] handicap, age,
or country of ancestral origin;
(3) For any labor organization:
(A) To deny full and equal membership rights to any applicant for membership
because of his or her race or color, religion, sex, [sexual orientation,]
handicap, age, or country of ancestral origin; or
(B) Because of such reasons, to deny a member full and equal membership
rights, expel him or her from membership, or otherwise discriminate in any
manner against him or her with respect to his or her hire, tenure, compensation,
terms, conditions or privileges of employment, or any other matter directly
or indirectly related to membership or employment, whether or not authorized
or required by the constitution or by-laws of such labor organization or
by a collective labor agreement or other contract; or;
(C) To fail or refuse to classify properly or refer for employment, or otherwise
to discriminate against any member because of his or her race or color,
religion, sex, [sexual orientation,] handicap, age, or country of
ancestral origin; or
(D) To refuse to reasonably accommodate a member's or prospective member's
handicap unless the labor organization can demonstrate that the accommodation
would pose a hardship on the labor organization's program, enterprise or
business;
(4) Except where based on a bona fide occupational qualification certified
by the commission or where necessary to comply with any federal mandated
affirmative action programs, for any employer or employment agency, labor
organization, placement service, training school or center, or any other
employee referring source, prior to employment or admission to membership
of any individual, to:
(A) Elicit or attempt to elicit any information directly or indirectly pertaining
to his or her race or color, religion, sex, handicap, age, [sexual orientation,]
or country of ancestral origin;
(B) Make or keep a record of his or her race or color, religion, sex, handicap,
age, [sexual orientation,] or country of ancestral origin;
(C) Use any form of application for employment, or personnel or membership
blank containing questions or entries directly or indirectly pertaining
to race or color, religion, sex, handicap, age, [sexual orientation,]
or country of ancestral origin;
(D) Print or publish or cause to be printed or published any notice or advertisement
relating to employment or membership indicating any preference, limitation,
specification, or discrimination based upon race or color, religion, sex,
handicap, age, [sexual orientation,] or country of ancestral origin;
(E) Establish, announce, or follow a policy of denying or limiting, through
a quota system or otherwise, employment or membership opportunities of any
group because of the race or color, religion, sex, handicap, age, [sexual
orientation,] or country of ancestral origin of such group;
(5) For any employer or employment agency, labor organization, placement
service, training school or center, or any other employee referring source
to discriminate in any manner against any individual because he or she has
opposed any practice forbidden by this chapter, or because he or she has
made a charge, testified, or assisted in any manner in any investigation,
proceeding, or hearing under this chapter;
(6) For any person, whether or not an employer, employment agency, labor
organization, or employee, to aid, abet, incite, compel, or coerce the doing
of any act declared by this section to be an unlawful employment practice,
or to obstruct or prevent any person from complying with the provisions
of this chapter or any order issued thereunder, or to attempt directly or
indirectly to commit any act declared by this section to be an unlawful
employment practice;
(7) For any employer to include on any application for employment a question
inquiring or to otherwise inquire either orally or in writing whether the
applicant has ever been arrested or charged with any crime; provided, however,
that nothing herein shall prevent an employer from inquiring whether the
applicant has ever ben convicted of any crime.
(8) For any person who, on [June 7, 1988] is providing either by direct
payment or by making contributions to a fringe benefit fund or insurance
program, benefits in violation with sections 28-5-6, 28-5-7 and 28-5-8,
until the expriation of a period of one year from [June 7, 1988] or if there
is an applicable collective bargaining agreement in effect on [June 7, 1988],
until the termination of that agreement, in order to come into compliance
with sections 28-5-6, 28-5-7 and 28-5-8, to reduce the benefits or the compensation
provided any employee on [June 7, 1988], either directly or by failing to
provide sufficient contributions to a fringe benefit fund or insurance program;
Provided, that where the costs of such benefits on [June 7, 1988] are apportioned
between employers and employees, the payments or contributions required
to comply with sections 28-5-6, 28-5-7 and 28-5-8 may be made by employers
and employees in the same proportion: And provided further, That nothing
in this section shall prevent the readjustment of benefits or compensation
for reasons unrelated to compliance with sections 28-5-6, 28-5-7 and 28-5-8.
28-5-7.2. Proof of unlawful employment practices in disparate impact cases.
-- (1) An unlawful employment practice prohibited by section 28-5-7 may
be established by proof of disparate impact. An unlawful employment practice
by proof of disparate impact is established when:
(A) a complainant demonstrates that an employment practice results in a
disparate impact on the basis of race, color, religion, sex, [sexual
orientation,] handicap, age, or country of ancestral origin, and the
respondent fails to demonstrate that such practice is required by business
necessity; or
(B) a complainant demonstrates that a group of empoyment practices results
in disparate impact on the basis of race, color, religion, sex, [sexual
orientation,] handcap, age, or country of ancestral origin, and the
respondent fails to demonstrate that such practices are required by business
necessity; provided that:
(i) if a complainant demonstrates that a group of employment practices results
in a disparate impact, said complainant shall not be required to demonstrate
which specific practice or practices within the group results in such disparate
impact, and
(ii) if the respondent demonstrates that a specific employment practice
within such group of employment practices does not contribute to the disparate
impact, the respondent shall not be required to demonstrate that such practice
is required by business necessity.
(2) A demonstation that an employment practice is required by business necessity
may be used as a defense only against a claim under this section.
(3) As used in this section -- (A) The terms "complainant" and
"respondent" mean those individuals or entities defined as such
in sextion 28-5-17;
(B) the term "demonstrates" means meets the burdens of production
and persuasion;
(C) the term "group of employment practices" means a combination
of employment practices or an overall employment process; and
(D) the term "required by business necessity" means essential
to effective job performance.
(4) Nothing contained herein shall be construed as limiting the methods
of proof of unlawful employment practices under scetion 28-5-7 to the methods
set in this section.
28-5-7.3. Discriminatory practice need not be sole motivating factor. --
An unlawful employment practice may be established in an action or proceeding
under this chapter when the complainant demonstrates that race, color, religion,
sex, [sexual orientation,] handicap, age, or country of ancestral
origin was a motivating factor for any employment practice, even though
such practice was also motivated by other factors. Nothing contained herein
shall be construed as requiring direct evidence of unlawful intent or as
limiting the methods of proof of unlawful employment practices under section
28-5-7.
28-5-13. Powers and duties of commission. -- The commission shall have the
following powers and duties:
(1) To establish and maintain a principal office in the city of Providence,
Rhode Island, and such other offices within the state as it may deem necessary.
(2) To meet and function at any place within the state.
(3) To appoint such attornesy, clerks, and other employees and agents as
it may deem necessary, fix their compensation within the limitations provided
by law, and prescribe their duties. Provided, however, That the provisions
of chapter 4 of title 36 shall not apply to the chapter.
(4) To adopt, promulgate, amend, and rescind rules and regulations to effectuate
the provisions of this chapter, and the policies and practice of the commission
in connection therewith.
(5) To formulate policies to effectuate the purposes of this chapter.
(6) To receive, investigate, and pass upon charges of unlawful employment
practices.
(7)(A) In connection with any investigation or hearing held pursuant to
the provisions of this chapter, to hold hearings, subpoena witnesses, compel
their attendance, administer oaths, take the testimony of any person under
oath, and, in connection therewith, to require the production for examination
of any books and papers relating to any matter under investigation or in
question before the commission.
(B) The commission may make rules as to the issuance of subpoenas by individual
commissioners.
(C) Contumacy or refusal to obey a subpoena issued pursuant to this section
shall constitute a contempt punishable, upon the application of the commission,
by the superior court in the county in which the hearing is held or in which
the witness resides or transacts business.
(8) To utilize voluntary and uncompensated services of private individuals
and organizations as may from time to time be offered and needed.
(9)(A) To create such advisory agencies and conciliation councils, local
or state-wide, as will aid in effectuating the purposes of this chapter.
The commission may itself, or it may empower these agences and councils
to:
(i) Study the problems of discrimination in all or specific fields of human
relationships when based on race or color, religion, sex, [sexual orientation,]
handicap, or country of ancestral origin, and
(ii) Foster through community effort or otherwise good will among the groups
and elements of the population of the state.
(B) Such agencies and councils may make recommendations to the commission
for the development of policies and procedure in general.
(C) Advisory agencies and conciliation councils created by the commission
shall be composed of representative citizens serving without pay, but with
reimbursement for actual an necessary traveling expenses.
(10) To issue such publications and such results of investigations and research
as in its judgment will tend to promote good will and minimize or eliminate
discrimination based on race or color, religion, sex, [sexual orientation,]
handicap, age, or country of ancestral origin.
(11) From time to time, but not less than once a year, to report to the
legislature and the governor, describing the investigations, proceedings,
and hearings the commission has conducted and their outcome, the decisions
it has rendered, and the other work performed by it, and make recommendations
for such further legislation, concerning abuses and discrimination based
on race or color, religion, sex, [sexual orientation,] handicap,
age or country of ancestral origin, as may be desirable.
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, which may tend to prove the existence of a predetermined
pattern of employment or membership; Provided, That nothing herein contained
shall be construed to authorize or require any employer or labor organization
to employ or admit applicants for employment or membership in the proportion
which their race or color, religion, sex, [sexual orientation,] handicap,
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.
28-5-38. Liberal construction. -- The provisions of this chapter shall be
construed liberally for the accomplishment of the purposes thereof, and
any law inconsistent with any provision hereof shall not apply. 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,] handicap, age, or country of
ancestral origin. Nothing contained in this chapter shall be deemed to repeal
any of the provisions of any law of this state relating to parental leave.
SECTION 5. Chapter 28-5 of the general laws entitled "Fair Employment
Practices" is hereby amended by adding thereto the following section:
[28-5-41. Right to fair employment practices. -- Whenever in this chapter
there shall appear the terms, "race or color, religion, sex, handicap,
age, or country of ancestral origin" there shall be inserted immediately
thereafter the words "sexual orientation."]
SECTION 6. Sections 11-24-2, 11-24-2.1 and 11-24-5 of the General Laws in
Chapter 11-24 entitled "Hotels and Public Places" are hereby amended
to read as follows:
11-24-2. Discriminatory practices prohibited. -- No person, being the owner,
lessee, proprietor, manager, superintendent, agent or employee of any place
of public accommodation, resort or amusement shall directly or indirectly
refuse, withhold from or deny to any person on account of race or color,
religion or country of ancestral origin, handicap, age, or sex[, or sexual
orientation] any of the accommodations, advantages, facilities or privileges
thereof, and no person shall directly or indirectly publish, circulate,
issue, display, post or mail any written, printed or painted communication,
notice or advertisement, to the effect that any of the accommodations, advantages,
facilites and privileges of any such place shall be refused, withheld from
or denied to any person on account of race or color, religion or country
of ancestral origin, handicap, sex[, or sexual orientation] or age
or that the patronage or custom thereat of any person belonging to or purporting
to be of any particular race or color, religion or country of ancestral
origin, handicap, age or sex[, or sexual orientation] is unwelcome,
objectionable or not acceptable, desired or solicited. The production of
any such written, printed or painted communication, notice or advertisement,
purporting to relate to any such place and to be made by any person being
the owner, lessee, proprietor, superintendent or manager thereof, shall
be presumptive evidence in any action that the same was authorized by such
person.
11-24-2.1. Discrimination based on handicap, age or sex prohibited. -- (A)
Whenever in this chapter there shall appear the words "ancestral origin"
there shall be inserted immediately thereafter the words "handicap,
age, or sex."
(1) The term "handicap" means any person who
(a) has a physical or mental impairment which substantially limits one or
more major life activities,
(b) has a record of such an impairment, or
(c) is regarded as having such an impairement, and
(d) is otherwise qualified.
(2) "Physical or mental impairment" means any physiological disorder
or condition, cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs; cardiovascular; reproductive,
digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
any mental or psychological disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness, and specific learning disabilities.
(3) "Major life activities" means functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning and working.
(4) "Has a record of such an impairment" means has a history of,
or has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(5) "Regarded as having an impairment" means has a physical or
mental impairment that does not substantially limit major life activities
but that is treated as constituting such a limitation; has a physical or
mental impairment that substantially limits major life activities only as
a result of the attitudes of others toward such impairment; or has none
of the impairments but is treated as having such an impairment.
(6) "Otherwise qualified" means a handicapped person who meets
the essential eligibility requirements for participation in or receipt of
benefits from the program or activity.
(B) Any handicapped persons shall be entitled to full and equal access,
as other members of the general public to all public accommodations, subject
to the conditions and limitations established by law and applicable alike
to all persons.
(C) Every handicapped person who has a personal assistive animal or who
obtains a personal assistive animal, shall be entitled to full and equal
access to all public accommodations provided for in this chapter, and shall
not be required to pay extra compensation for such personal assistive animal,
but shall be liable for any damage done to the premises by such a personal
assistive animal.
(D) Nothing in this subsection shall require any person providing a place
of public accommodation to, in any way, incur any greater liability or obligation,
or provide a highter degree of care for handicapped person than for a person
who is not handicapped.
[(E) The term "sexual orientation" means having or being perceived
as having an orientation for heterosexuality, bisexuality, or homosexuality.
This definition is intended to describe the status of persons and does not
render lawful any conduct prohibited by the criminal laws of this state
nor impose any duty on a religious organization. This definition does not
confer legislative approval of said status, but is intended to assure the
basic human rights of persons to partake of public accommodations, regardless
of such status.]
11-24-5. Liberal construction of provisions. -- The provisions of sections
11-24-1 to 11-24-6, inclusive, shall be construed liberally for the accomplishment
of the purposes thereof, and any law inconsistent with any provisions thereof
shall not apply. Nothing contained in said sections shall be deemed to repeal
any of the provisions of any law of this state relating to discrimination
because of race or color, religion or country of ancestral origin, handicap,
age, or sex[ or sexual orientation].
SECTION 7. Chapter 11-24 of the general laws entitled "Hotels and Public
Places" is hereby amended by adding the following section:
[11-24-2.2. Discrimination based on sexual orientation. -- Whenever in
this chapter the terms "race or color, religion or country of ancestral
origin, handicap, age or sex" shall appear, there shall be inserted
immediately thereafter the words "sexual orientation."]
SECTION 8 . Sections 28-5.1-7, 28-5.1-8, and 28-5.1-9 of the General Laws
in Chapter 28-5.1 entitled "Equal Opportunity and Affirmative Action"
are hereby amended to read as follows:
28-5.1-7. State services and facilities. -- Every state agency shall render
service to the citizens of this state without discrimination based on race,
color, religion, sex, [sexual orientation,] age, national origin,
or handicap. No state facility shall be used in furtherance of any discriminatory
practice nor shall any state agency become a party to any agreements, arrangement,
or plan which has the effect of sanctioning such patterns or practices.
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.
28-5.1-8. Education, training and apprenticeship programs. -- 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,] national origin, or handicap. Such programs
shall be conducted to encourage the fullest development of the interests,
aptitudes, skills and capacities of all participants.
Those state agencies responsible for educational programs and activities
shall take positive steps to insure that all such programs are free from
either conscious or inadvertant 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 such programs.
Expansion of training opportunities shall also be encouraged with a view
toward involving large numbers of participants from those segments of the
labor force where the need for upgrading levels of skill is greatest.
28-5.1-9. State employment services. -- All state agencies (including educational
institutions) which provide employment referral or placement services to
public or private employees, shall accept job orders, refer for employment,
test, classify, counsel and train only on a nondiscriminatory basis. They
shall refuse to fill any job order which has the effect of excluding any
persons, because of race, color, religion, sex, [sexual orientation,]
age, national origin, or handcap. Such agencies shall advise the commission
for human rights promptly of any employers, employment agencies, or unions
suspected of practicing unlawful discrimination. They shall assist employers
and unions seeking to broaden their recruitment programs to include qualified
applicants from minority groups. In addition, the department of employment
security, the department of labor, the governor's commission on the handicapped,
the advisory commisson on women, and the department of economic development
shall fully utilize their knowledge of the labor market and economic conditions
of the state, and their contacts with job applicants, employers, and unions
to promote equal employment opportunities and shall require and assist all
persons within their jurisdictions to initiate actions which shall remedy
any situations or programs which have a negative impact on protected classes
within the state.
SECTION 9. This act shall take effect upon passage.
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last updated 1/22/97