AN ACT RELATING TO LABOR AND LABOR RELATIONS -- FAIR EMPLOYMENT PRACTICES (Prohibits an employer, employment agency, labor organization, or employee, to commit any act declared to be an unlawful employment practice; individuals would be held personally liable for such conduct.)

S3200

2026 -- S 3200
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LC005222
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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 McKenney, and LaMountain

Date Introduced:
April 03, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 28-5-7 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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28-5-7. Unlawful employment practices.
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It shall be an unlawful employment practice:
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(1) For any employer:
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(i) To refuse to hire any applicant for employment because of his or her race or color,
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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of
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ancestral origin;
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(ii) Because of those reasons, to discharge an employee or discriminate against him or her
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with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any
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other matter directly or indirectly related to employment. However, if an insurer or employer
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extends insurance-related benefits to persons other than or in addition to the named employee,
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nothing in this subdivision shall require those benefits to be offered to unmarried partners of named
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employees;
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(iii) In the recruiting of individuals for employment or in hiring them, to utilize any
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employment agency, placement service, training school or center, labor organization, or any other
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employee referring source that the employer knows, or has reasonable cause to know, discriminates
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against individuals because of their race or color, religion, sex, sexual orientation, gender identity
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or expression, disability, age, or country of ancestral origin;

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(iv) To refuse to reasonably accommodate an employee’s or prospective employee’s
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disability unless the employer can demonstrate that the accommodation would pose a hardship on
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the employer’s program, enterprise, or business;
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(v) When an employee has presented to the employer an internal complaint alleging
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harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual
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orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a
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timely manner in writing to that employee the disposition of the complaint, including a description
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of any action taken in resolution of the complaint; provided, however, no other personnel
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information shall be disclosed to the complainant; or
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(vi) To require an employee as a condition of employment, to execute a nondisclosure
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agreement that requires alleged violations of civil rights remain confidential, or a non-
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disparagement agreement concerning alleged violations of civil rights or alleged unlawful conduct,
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or any agreement with a clause that requires alleged violations of civil rights remain confidential.
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Any contract provision in violation of this subsection shall be void as a violation of public policy;
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(2)(i) For any employment agency to fail or refuse to properly classify or refer for
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employment or otherwise discriminate against any individual because of his or her race or color,
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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of
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ancestral origin; or
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(ii) For any employment agency, placement service, training school or center, labor
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organization, or any other employee referring source to comply with an employer’s request for the
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referral of job applicants if the request indicates, either directly or indirectly, that the employer will
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not afford full and equal employment opportunities to individuals regardless of their race or color,
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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of
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ancestral origin;
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(3) For any labor organization:
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(i) To deny full and equal membership rights to any applicant for membership because of
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his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability,
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age, or country of ancestral origin;
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(ii) Because of those reasons, to deny a member full and equal membership rights, expel
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him or her from membership, or otherwise discriminate in any manner against him or her with
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respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or
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any other matter directly or indirectly related to membership or employment, whether or not
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authorized or required by the constitution or bylaws of the labor organization or by a collective
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labor agreement or other contract;

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(iii) To fail or refuse to classify properly or refer for employment, or otherwise to
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discriminate against any member because of his or her race or color, religion, sex, sexual
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orientation, gender identity or expression, disability, age, or country of ancestral origin; or
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(iv) To refuse to reasonably accommodate a member’s or prospective member’s disability
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unless the labor organization can demonstrate that the accommodation would pose a hardship on
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the labor organization’s program, enterprise, or business;
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(4) Except where based on a bona fide occupational qualification certified by the
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commission or where necessary to comply with any federal mandated affirmative action programs,
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for any employer or employment agency, labor organization, placement service, training school or
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center, or any other employee referring source, prior to employment or admission to membership
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of any individual, to:
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(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her
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race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or
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country of ancestral origin;
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(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation,
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gender identity or expression, disability, age, or country of ancestral origin;
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(iii) Use any form of application for employment, or personnel or membership blank
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containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual
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orientation, gender identity or expression, disability, age, or country of ancestral origin;
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(iv) Print or publish, or cause to be printed or published, any notice or advertisement
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relating to employment or membership indicating any preference, limitation, specification, or
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discrimination based upon race or color, religion, sex, sexual orientation, gender identity or
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expression, disability, age, or country of ancestral origin; or
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(v) Establish, announce, or follow a policy of denying or limiting, through a quota system
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or otherwise, employment or membership opportunities of any group because of the race or color,
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religion, sex, sexual orientation, gender identity or expression, disability, age, or country of
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ancestral origin of that group;
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(5) For any employer or employment agency, labor organization, placement service,
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training school or center, or any other employee referring source to discriminate in any manner
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against any individual because he or she has opposed any practice forbidden by this chapter, or
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because he or she has made a charge, testified, or assisted in any manner in any investigation,
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proceeding, or hearing under this chapter;
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(6) For any person, whether or not an employer, employment agency, labor organization,
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or employee,
to directly or indirectly commit any act declared by this section to be an unlawful

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employment practice, or
to aid, abet, incite, compel, or coerce the doing of any act declared by this
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section to be an unlawful employment practice, or to obstruct or prevent any person from
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complying with the provisions of this chapter or any order issued pursuant to this chapter, or to
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attempt directly or indirectly to commit any act declared by this section to be an unlawful
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employment practice
, it being the legislative intent that individuals may be held personally liable
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for such conduct including, but not limited to, individual employees of employers
;
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(7) For any employer to include on any application for employment, except applications
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for law enforcement agency positions or positions related to law enforcement agencies, a question
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inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been
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arrested, charged with or convicted of any crime; provided, that:
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(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification
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from employment based on a person’s conviction of one or more specified criminal offenses, an
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employer may include a question or otherwise inquire whether the applicant has ever been
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convicted of any of those offenses; or
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(ii) If a standard fidelity bond or an equivalent bond is required for the position for which
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the applicant is seeking employment and his or her conviction of one or more specified criminal
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offenses would disqualify the applicant from obtaining such a bond, an employer may include a
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question or otherwise inquire whether the applicant has ever been convicted of any of those
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offenses; and
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(iii) Notwithstanding, any employer may ask an applicant for information about his or her
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criminal convictions at the first interview or thereafter, in accordance with all applicable state and
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federal laws;
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(8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment
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or by making contributions to a fringe benefit fund or insurance program, benefits in violation with
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§§ 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988, or if
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there is an applicable collective bargaining agreement in effect on June 7, 1988, until the
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termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-
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38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either
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directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance
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program.
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(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers
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and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-
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5-38 may be made by employers and employees in the same proportion.
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(iii) Nothing in this section shall prevent the readjustment of benefits or compensation for

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reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.
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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 prohibit an employer, employment agency, labor organization, or employee,
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to directly or indirectly commit any act declared to be an unlawful employment practice, it being
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the legislative intent that individuals would be held personally liable for such conduct, including,
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but not limited to, individual employees of employers.
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This act would take effect upon passage.
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