AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Changes the definition of employee to include individuals employed in the domestic service of any person.)

S2921

2026 -- S 2921
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LC005660
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES

Introduced By:
Senators Murray, Thompson, Gu, DiMario, Mack, Euer, Lauria, Ujifusa,
Valverde, and Vargas

Date Introduced:
March 04, 2026

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

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(8) “Employee” does not include any individual employed by their parents, spouse, or
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child
, or in the domestic service of any person
.
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(9)(i) “Employer” includes the state and all political subdivisions of the state and any
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person in this state employing four (4) or more individuals, and any person acting in the interest of
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an employer directly or indirectly.
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(ii) Nothing in this subdivision shall be construed to apply to a religious corporation,
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association, educational institution, or society with respect to the employment of individuals of its
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religion to perform work connected with the carrying on of its activities.
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(10) “Employment agency” includes any person undertaking, with or without
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compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees.
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(11) “Firefighter” means an employee the duties of whose position include work connected
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with the control and extinguishment of fires or the maintenance and use of firefighting apparatus
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and equipment, including an employee engaged in this activity who is transferred or promoted to a
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supervisory or administrative position.
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(12) “Gender identity or expression” includes a person’s actual or perceived gender, as
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well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-
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related expression; whether or not that gender identity, gender-related self image, gender-related
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appearance, or gender-related expression is different from that traditionally associated with the
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person’s sex at birth.
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(13) “Labor organization” includes any organization that exists for the purpose, in whole
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or in part, of collective bargaining or of dealing with employers concerning grievances, terms or
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conditions of employment, or of other mutual aid or protection in relation to employment.
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(14) “Law enforcement officer” means an employee the duties of whose position include
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investigation, apprehension, or detention of individuals suspected or convicted of offenses against
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the criminal laws of the state, including an employee engaged in such activity who is transferred or
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promoted to a supervisory or administrative position. For the purpose of this subdivision,
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“detention” includes the duties of employees assigned to guard individuals incarcerated in any
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penal institution.
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(15) “Non-disparagement agreement” means an agreement which restricts an individual
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from taking any action to include, but not be limited to, speaking or publicizing information that
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negatively impacts the other party to the agreement to include the reputation, products, services,
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employees, and management of the protected party.
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(16) “Person” includes one or more individuals, partnerships, associations, organizations,
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corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.

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(17) “Protective hairstyles” means and includes, but is not limited to, hair texture or
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hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or
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national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks,
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cornrows, twists, braids, Bantu knots, and Afros).
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(18) “Race” means and includes traits historically associated with the race, including, but
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not limited to, hair texture and protective hairstyles.
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(19) “Religion” includes all aspects of religious observance and practice, as well as belief,
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unless an employer, union, or employment agency demonstrates that it is unable to reasonably
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accommodate to an employee’s or prospective employee’s or union member’s religious observance
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or practice without undue hardship on the conduct of its business.
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(20) “Sexual orientation” means having or being perceived as having an orientation for
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heterosexuality, bisexuality, or homosexuality.
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(21) The terms, as used regarding persons with disabilities:
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(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same
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meaning as those items are defined in § 42-87-1.1; and
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(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES
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This act would change the definition of employee to include individuals employed in the
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domestic service of any person.
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This act would take effect upon passage.
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