Discrimination - Other - Rhode Island

Summary of differences between federal and state regulations

The federally protected classes in employment discrimination include race, color, religion, national origin, age (40 and over), sex (including pregnancy, sexual orientation, and gender identity), disability, and genetic information.

The Rhode Island Fair Employment Practice Act identifies the following protected classes for purposes of employment discrimination:

• Race,
• Color,
• Religion (all aspects of religious observance and practice, as well as belief),
• Sex (including pregnancy, childbirth, related medical conditions, and sexual harassment),
• Sexual orientation (having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality),
• Gender identity or expression (includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self-image, gender-related appearance, or gender-related expression; whether or not it is traditionally associate with the person’s sex at birth),
• Disability (physical and mental impairment that substantially limits one or more major life activities as defined in R.I. Gen. Laws § 42-87-1),
• Age (40 and over),
• Country of ancestral origin,
• Conviction status (employer prohibited from inquiring, with certain exceptions),

Under another Rhode Island law, genetic testing as a condition of employment is also prohibited.

The state also prohibits discrimination on the basis of a positive HIV test result, or perception of a positive test, and prohibits requiring an HIV test as a condition of employment.

Employer defined

“Employer” includes the state and all political subdivisions of the state and any person in this state employing four or more individuals, and any person acting in the interest of an employer directly or indirectly.

It is unlawful for any employer to include on any application for employment, except applications for law enforcement agency positions or positions related to law enforcement agencies, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested, charged with or convicted of any crime.

Sexual orientation / Gender identity or expression

The unlawful employment practices and exemptions are similar to those for other protected classes. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. “Gender identity or expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity is different from that traditionally associated with the person’s sex at birth.

Arrest and conviction status

It is unlawful for any employer to include on any application for employment, except applications for law enforcement agency positions or positions related to law enforcement agencies, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested, charged with or convicted of any crime. Provided, that:

• If a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a person’s conviction of one or more specified criminal offenses, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses;
• If a standard fidelity bond or an equivalent bond is required for the position for which the applicant is seeking employment and his or her conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; and
• Any employer may ask an applicant for information about his or her criminal convictions at the first interview or thereafter, in accordance with all applicable state and federal laws.

Posting

Every covered employer, employment agency, and labor union must post in a conspicuous place or places on his or her premises a notice prepared or approved by the Commission for Human Rights which sets forth excerpts of this law and other relevant information which the Commission deems necessary.

HIV testing

No person, agency, organization, or legal entity may discriminate against an individual on the basis of a positive HIV test result, or perception of a positive test, in housing, education, employment, the granting of credit, public accommodation, or delivery of services, nor shall an HIV test be required as a condition of employment.

State

Related information

Protected classes ezExplanation

Contact

Commission for Human Rights

Regulations

Rhode Island General Laws Title 28, Chapter 5, Fair Employment Practices
www.rilin.state.ri.us/Statutes/TITLE28/28-5/INDEX.HTM

R.I. Gen. Laws § 28-5-7 Fair Employment Practices; Unlawful employment practices

R.I. Gen. Laws § 28-6.7-1 Genetic Testing as a Condition of Employment; Genetic testing prohibited

Rhode Island General Laws Title 42, Chapter 112, The Civil Rights Act of 1990
www.rilin.state.ri.us/Statutes/TITLE42/42-112/INDEX.HTM

R.I. Gen. Laws § 42-87-1 Civil Rights of People with Disabilities; Definitions of disability

Commission Rules and Regulations
www.richr.ri.gov/rules.html

HIV testing, Rhode Island General Laws Title 23, Chapter 6.3, Section 23-6.3-11
http://webserver.rilin.state.ri.us/Statutes/TITLE23/23-6.3/23-6.3-11.HTM

Federal

Contact

Equal Employment Opportunity Commission (EEOC)

Regulations

See applicable discrimination topic.