A recent change to the Rhode Island discrimination law means that an employer can be sued three years later, if an employee feels he or she has been the victim of discrimination. The new law goes into effect immediately.
Under the previous law, there was a one-year statute of limitations on employment discrimination.
The Rhode Island Civil Rights Act prohibits discrimination based on color, race, religion, disability, sex, age or national origin. It outlaws employment discrimination and retaliation.
This extension overturns a Rhode Island Supreme Court ruling in Horn v. Southern Union, which established a (more…)
As a citizen you are afforded basic rights and liberties and these should be protected in the workplace as well. You should be free to seek employment or to work in an environment absent of harassment or discrimination based on personal traits or characteristics. Everyone should have equal rights and opportunities in the workplace. There are federal laws in place which protect such rights and many states have their own laws as well. Many states establish an agency or department specifically to deal with harassment and discrimination. Rhode Island (RI) Job Discrimination Law in the Workplace is protected by such an agency.
In Rhode Island, The Commission for Human Rights or RICHR is the primary agency responsible for enforcing anti-discrimination laws in the state. The agency has the power to enforce the law in employment, housing, public accommodations and credit. When it comes to employment, race, color, country of ancestral origin, sex (including pregnancy and sexual harassment), age, physical disability, mental disability, religion, sexual orientation and gender identity or expression are the areas protected by the law. In addition to state anti discrimination statutes the Commission maintains agreements with the federal government and can investigate specific cases under both jurisdictions. Through an agreement with the U.S. Equal Employment Opportunity Commission they can enforce the Civil Rights Act of 1964, as amended, the Age discrimination in Employment Act and Title III of the Americans with Disabilities Act.
Rhode Island (RI) Job Discrimination Law in the Workplace is known as the Fair Employment Practices Act. The law covers such issues as harassment, hiring, promotion, salary, terms and conditions, and termination. The law also prohibits retaliation against people who bring charges, assist in investigations or oppose unlawful employment practices. Companies of four or more employees are covered by this act; the act covers both private and public sector employees.
Rhode Island sexual discrimination law in the workplace is outlined by the Rhode Island Fair Employment Practices Act. According to this law, an employer is anyone who employs four or more employees including the State of Rhode Island and any agents working for the employer either directly or indirectly. This differs from the federal law because Title VII applies only to those who have fifteen or more employees. Employees in Rhode Island are those who are employed by an employer as defined above except for those who are employed by their parents, spouse or child and those who are in the domestic service of their employer.
Rhode Island prohibits employers from discriminating against employees on the basis of sex when hiring, firing or determining job conditions, terms or compensation. The law also includes a prohibition of discrimination of the basis of pregnancy and its related conditions which need to be treated like any other temporary disability.
Any Rhode Island employee who feels that their civil rights have been violated can file a complaint with the Rhode Island Commission for Human Rights within one year of the alleged discriminatory act. You can file the complaint by calling the Commission or by filling out the Information Questionnaire online.
The Commission will then draft a formal complaint, send the complaint to your employer and then give him or her a chance to respond to the complaint. From there, an investigator will begin gathering information about your case and will use this information to decide if there is reasonable cause to believe that your rights have been violated.
If the investigator does find reasonable cause, you and your employer will enter a settlement phase. If you are unable to negotiate a settlement your case will go to public hearing.
If you decide, instead of the Rhode Island Commission’s investigative process, to go through the court process, that you want to take your case to the federal or state courts, you can request a “Right to Sue” letter from the EEOC or the Rhode Island Commission.
Employers and employees need to stay informed when it comes to sexual discrimination law in the workplace. Furthermore, employers should also keep a Rhode Island Complete Labor Law Poster posted in the workplace.
I would like to take a few minutes and discuss the Rhode Island state discrimination posters with you. These posters are required by law to be displayed in places of employment. It’s also a requirement that the Rhode Island state discrimination posters be placed in an area where employees are known to gather. The posters should be visible and free of any obstructions.
The Rhode Island state discrimination posters let employees know what type of treatment is considered illegal. Rhode Island basically follows the United States anti-discrimination laws but they have added to the federal laws with their own state laws. No worker can be discriminated against because of his/her race, religion, age, sexual orientation, sex, ancestral origin, gender identity or expression, color, or physical or mental disabilities. Workers are also protected from any type of retaliation for speaking out against or filing a complaint dealing with acts of discrimination.
It is the employee’s responsibility to know where the Rhode Island state discrimination posters are located. It’s also the employee’s responsibility to know what information is on the poster and to protect him/herself from illegal discrimination.
If a person feels he/she has been discriminated against, that person should file a complaint with the Rhode Island Commission for Human Rights. The complaint must be filed within one year. It will take a significant amount of time for the Commission to investigate the complaint. There is no fee for filing a discrimination complaint.
Employers must make sure that they are familiar with both the federal and state laws regarding the Rhode Island state discrimination posters. The law dictates the exact information that must be included on the poster and the types of places where the posters must be displayed. Failure to comply with the law will result in the employers being fined and/or penalized.
I found that Rhode Island has been protecting their employees and citizens since May of 1995. As such, employees are outlawed from discrimination in the workplace based on their sexual orientation, appearance or gender.
The anti-discrimination law is the specific law that covers all subjects related to Rhode Island Sexual Harassment. As such, not only are employees protected from discrimination in general, but from discrimination and sexual harassment. The state sees sexual harassment and discrimination as the same, if not very similar, items.
The anti-discrimination/sexual harassment laws apply to all employees of organizations that have more than four employees. However, it does not apply to the employment of persons by religious institutions when the employee is working directly with the institution.
However, it is important to note that if a person if employed by a parent, spouse or child, he or she cannot claim discrimination or sexual harassment in the workplace. Additionally, domestic workers may not claim harassment. If the employee is a state employee, he or she certainly is covered under the Rhode Island law.
Rhode Island goes to great lengths to help identify exactly what constitutes sexual harassment. For example, they say that is an employee feels that he or she is being harassed, but cannot pinpoint the source of the harassment, he or she will need to try to get to the bottom of the cause. If an employer remarks about an employee’s sexual orientation, the employer is being harassing. If an employer treats an employee differently based on sexual orientation, then the employer is likewise being harassing and discriminatory.
The key in pinpointing sexual harassment is to look for repeated use of the same words and strategies. For example, an employer might have a pattern of discriminating or the employer might knowingly look over a particular employee for a position based on his knowledge of the employee’s sexual orientation.