Section 28-5-1. – Short title.
§ 28-5-1. Short title. This chapter may be cited as the “State Fair Employment Practices Act.” History of Section.P.L. 1949, ch. 2181, § 13; G.L. 1956, § 28-5-1.
Section 28-5-10. – Quorum of commission.
§ 28-5-10. Quorum of commission. Three (3) members of the commission shall constitute a quorum for the purpose of conducting its business. A vacancy in the commission does not impair the right of the remaining members to exercise all the powers of the commission. This section does not preclude one commissioner or a hearing examiner […]
Section 28-5-11. – Compensation of commission members — Reappointment.
§ 28-5-11. Compensation of commission members — Reappointment. Members of the commission shall not be compensated for the discharge of their official duties but shall be entitled to the reimbursement of expenses actually and necessarily incurred by them in the performance of their duties. All members of the commission shall be eligible for reappointment. History […]
Section 28-5-12. – Removal of commission members.
§ 28-5-12. Removal of commission members. Any member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct, or malfeasance in office, after being given a written statement of the charges and an opportunity to be publicly heard on them. History of Section.P.L. 1949, ch. 2181, § 5; G.L. 1956, […]
Section 28-5-13. – Powers and duties of commission.
§ 28-5-13. Powers and duties of commission. The commission shall have the following powers and duties: (1) To establish and maintain a principal office in the city of Providence, Rhode Island, and any other offices within the state that it may deem necessary. (2) To meet and function at any place within the state. (3) […]
Section 28-5-14. – Educational program.
§ 28-5-14. Educational program. In order to eliminate prejudice among the various ethnic groups in this state and to further good will among those groups, the commission and the state council on elementary and secondary education are jointly directed to prepare a comprehensive educational program, designed for the students of the public schools of this […]
Section 28-5-15. – Acceptance of contributions — Cooperation of private agencies.
§ 28-5-15. Acceptance of contributions — Cooperation of private agencies. The commission is authorized to accept contributions from any person and may seek and enlist the cooperation of private charitable, religious, labor, civic, and benevolent organizations for the purposes of § 28-5-14. All contributions shall be deposited as general revenues of the state. History of […]
Section 28-5-16. – Power to prevent unlawful practices — Preference for informal methods.
§ 28-5-16. Power to prevent unlawful practices — Preference for informal methods. The commission is empowered and directed, as subsequently provided, to prevent any person from engaging in unlawful employment practices, provided that before instituting the formal hearing authorized by §§ 28-5-18 — 28-5-27, it shall attempt, by informal methods of conference, persuasion, and conciliation, […]
Section 28-5-17. – Conciliation of charges of unlawful practices.
§ 28-5-17. Conciliation of charges of unlawful practices. (a) Upon the commission’s own initiative or whenever an aggrieved individual or an organization chartered for the purpose of combating discrimination, racism, or of safeguarding civil liberties, or of promoting full, free, or equal employment opportunities, that individual or organization being subsequently referred to as the complainant, […]
Section 28-5-18. – Complaint and notice of hearing.
§ 28-5-18. Complaint and notice of hearing. (a) If the commission fails to effect the elimination of the unlawful employment practices and to obtain voluntary compliance with this chapter, or, if the circumstances warrant, in advance of any preliminary investigation or endeavors, the commission shall have the power to issue and cause to be served […]
Section 28-5-19. – Amendment of complaint and answer — Participation by commissioner assigned to preliminary hearing.
§ 28-5-19. Amendment of complaint and answer — Participation by commissioner assigned to preliminary hearing. The commission, member of the commission, or hearing examiner conducting the hearing shall have the power to reasonably and fairly amend any written complaint at any time prior to the issuance of an order based on the complaint. The respondent […]
Section 28-5-2. – Legislative findings.
§ 28-5-2. Legislative findings. The practice or policy of discrimination against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin is a matter of state concern. Such discrimination foments domestic strife and unrest; threatens the rights and privileges of the inhabitants of […]
Section 28-5-20. – Answer to complaint — Respondent’s rights at hearing.
§ 28-5-20. Answer to complaint — Respondent’s rights at hearing. The respondent shall have the right to file an answer to the complaint, and shall appear at the hearing in person, or otherwise, with or without counsel, to present evidence and to examine and cross-examine witnesses. History of Section.P.L. 1949, ch. 2181, § 8; G.L. […]
Section 28-5-20.1. – Proceedings before other state administrative agencies.
§ 28-5-20.1. Proceedings before other state administrative agencies. (a) The commission shall not be precluded from investigating, taking evidence, considering claims or issuing findings on matters that could have been presented to any other state administrative agency, but which were not actually presented and decided in a contested case as defined under the administrative procedures […]
Section 28-5-21. – Rules of evidence.
§ 28-5-21. Rules of evidence. In any proceeding pursuant to this chapter the commission, its member, or its agent shall not be bound by the rules of evidence prevailing in the courts. History of Section.P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-21.
Section 28-5-22. – Evidence of predetermined pattern.
§ 28-5-22. Evidence of predetermined pattern. The commission shall, in ascertaining the practices followed by the respondent, take into account all evidence, statistical or otherwise, that may tend to prove the existence of a predetermined pattern of employment or membership. Nothing in this section shall be construed to authorize or require any employer or labor […]
Section 28-5-23. – Testimony at hearing.
§ 28-5-23. Testimony at hearing. The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Subsequently, in its discretion, the commission upon notice may take further testimony or hear argument. History of Section.P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-23.
Section 28-5-24. – Injunctive and other remedies — Compliance.
§ 28-5-24. Injunctive and other remedies — Compliance. (a)(1) If upon all the testimony taken the commission determines that the respondent has engaged in or is engaging in unlawful employment practices, the commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent […]
Section 28-5-24.1. – Proceedings in superior court.
§ 28-5-24.1. Proceedings in superior court. (a) A complainant may ask for a right to sue in state court if not less than one hundred and twenty (120) days and not more than two (2) years have elapsed from the date of filing of a charge, if the commission has been unable to secure a […]
Section 28-5-25. – Order dismissing complaint.
§ 28-5-25. Order dismissing complaint. If the commission finds that no probable cause exists for crediting the charges, or, if upon all the evidence it finds that a respondent has not engaged in unfair employment practices, the commission shall state its findings of fact and shall issue and cause to be served on the complainant […]