Rhode Island HB 7458: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

Bill Text

2024 -- H 7458
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LC004077
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2024
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES
Introduced By: Representatives Tanzi, Boylan, Spears, Felix, Morales, Ajello, Potter,
Cruz, Henries, and Cotter
Date Introduced: February 02, 2024
Referred To: House Labor

It is enacted by the General Assembly as follows:
SECTION 1. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair 1
Employment Practices" is hereby amended to read as follows: 2
28-5-6. De finitions . 3
When used in this chapter: 4
(1) “Age” means anyone who is at least forty (40) years of age. 5
(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or 6
on the basis of pregnancy, childbirth, or related medical conditions, and women affected by 7
pregnancy, childbirth, or related medical conditions shall be treated the same for all employment 8
related purposes, including receipt of benefits under fringe benefit programs, as other persons not 9
so affected but similar in their ability or inability to work, and nothing in this chapter shall be 10
interpreted to permit otherwise. 11
(3) “Commission” means the Rhode Island commission against discrimination created by 12
this chapter. 13
(4) “Confidential” means to remain secret and not to be disclosed to another person or 14
entity. 15
(5) “Conviction” means, for the purposes of this chapter only, any verdict or finding of 16
guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge. 17
(6) “Disability” means a disability as defined in § 42-87-1. 18
(7) “Discriminate” includes segregate or separate. 19

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(8) “Employee” does not include any individual employed by his or her parents, spouse, or 1
child, or in the domestic service of any person includes any individual under the direction and 2
control of an employer under any appointment or contract of hire or apprenticeship, express or 3
implied, oral or written. "Employee" for purposes of this section shall include volunteers and unpaid 4
interns. "Employee" does not include any individua l employed by their parents, by their spouse, or 5
by their child. 6
(9)(i) “Employer” includes the state and all political subdivisions of the state and any 7
person in this state employing four (4) one or more individuals, and any person acting in the interest 8
of an employer directly or indirectly. 9
(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, 10
association, educational institution, or society with respect to the employment of individua ls of its 11
religion to perform work connected with the carrying on of its activities. 12
(10) “Employment agency” includes any person undertaking, with or without 13
compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees. 14
(11) “Firefighter” means an employee the duties of whose position include work connected 15
with the control and extinguishment of fires or the maintenance and use of firefighting apparatus 16
and equipment, including an employee engaged in this activity who is transferred or promoted to a 17
supervisory or administrative position. 18
(12) “Gender identity or expression” includes a person’s actual or perceived gender, as 19
well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-20
related expression; whether or not that gender identity, gender-related self image, gender-related 21
appearance, or gender-related expression is different from that traditionally associated with the 22
person’s sex at birth. 23
(13) “Labor organization” includes any organization that exists for the purpose, in whole 24
or in part, of collective bargaining or of dealing with employers concerning grievances, terms or 25
conditions of employment, or of other mutual aid or protection in relation to employment. 26
(14) “Law enforcement officer” means an employee the duties of whose position include 27
investigation, apprehension, or detention of individua ls suspected or convicted of offenses against 28
the criminal laws of the state, including an employee engaged in such activity who is transferred or 29
promoted to a supervisory or administrative position. For the purpose of this subdivis ion, 30
“detention” includes the duties of employees assigned to guard individua ls incarcerated in any 31
penal institution. 32
(15) “Non-disparagement agreement” means an agreement which restricts an individual 33
from taking any action to include, but not be limited to, speaking or publicizing information that 34

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negatively impacts the other party to the agreement to include the reputation, products, services, 1
employees, and management of the protected party. 2
(16) “Person” includes one or more individuals, partnerships, associations, organizations, 3
corporations,