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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public employers and private employers. RIGL §28-5-7. E
Effective January 1, 2014, Rhode Island prohibits employers from asking about convictions on job applications, or otherwise prior to the first interview, unless the inquiry is required by law. The term “conviction” includes guilty pleas as well as “no contest” pleas. Also, an applicant whose conviction records have been expunged may state that he/she has never been convicted, except for law enforcement, court, or child education jobs.
Discrimination against the homeless
In June 2012, the state's Homeless Bill of Rights was signed into law. The law guarantees that homeless individuals have the right not to face discrimination while seeking or maintaining employment due to lack of a permanent mailing address or a mailing address that is a shelter or social service provider. The law went into effect upon its passage.
State
Contacts
Employer immunity from disclosure claims
Rhode Island Department of Labor and Training
Arrest record inquiries
Rhode Island Commission for Human Rights
Conviction record inquiries
Rhode Island Commission for Human Rights
Rhode Island State Police
Regulations
Employer immunity from disclosure claims
Rhode Island General Law 28-6.4-1, Inspection of files
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-6.4/28-6.4-1.HTM
Rhode Island General Law 28-6.4-2, Violation – penalties
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-6.4/28-6.4-2.HTM
Rhode Island General Law 28-7-13, Unfair labor practices
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-7/28-7-13.HTM
Arrest record inquiries
Rhode Island General Law 28-5-6, Definitions
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-5/28-5-6.HTM
Rhode Island General Law 28-5-7, Unlawful employment practices
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-5/28-5-7.HTM
Rhode Island General Law 12-1.3-4, Effect of expungement of records—Access to expunged records—Wrongful disclosure
http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-1.3/12-1.3-4.HTM
Conviction record inquiries
Rhode Island General Law 28-5-6, Definitions
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-5/28-5-6.HTM
Rhode Island General Law 28-5-7, Unlawful employment practices
http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-5/28-5-7.HTM
Rhode Island General Law 12-1.3-4, Effect of expungement of records—Access to expunged records—Wrongful disclosure
http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-1.3/12-1.3-4.HTM
Discrimination against the homeless
Rhode Island General Law 34-37.1
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.