A. Function. In
addition to such other duties as may from time to time be delegated to it by
law, it is the function of the Commission pursuant to the law to enforce R.I.
Gen. Laws Chapters 28-5, 28-5.1, 34-37, 11-24, 40-9.1, 42-87, and R.I. Gen.
Laws §§
23-6.3-11 and
23-6.3-12,
which prohibit discrimination:
1. because of
race, color, religion, country of ancestral origin, disability, sex, sexual
orientation, gender identity or expression, or age (at least forty (40) years
of age) in the area of employment;
2. because of race, color, association,
religion, sex, sexual orientation, gender identity or expression, marital
status, familial status, country of ancestral origin, status as a victim of
domestic abuse, housing status, military status, disability or age (over
eighteen years) in the area of housing;
3. because of race, color, religion, sex,
sexual orientation, gender identity or expression, marital status, familial
status, country of ancestral origin, military status, disability or age (over
eighteen years) in the area of credit;
4. because of race, color, religion, country
of ancestral origin, disability, sex, sexual orientation, gender identity or
expression, or age (over eighteen (18) years) in the area of public
accommodations;
5. because of
disability with respect to any entity doing business in the state, exclusion
from participation in or denial of benefits of any program, activity or service
of, or by any person or entity regulated by the state, or having received
financial assistance from the state (except for complaints concerning the
physical inaccessibility of buildings and structures);
6. because of a positive HIV test result, or
perception of same, in the areas of housing, employment, credit, public
accommodations, education or delivery of services;
7. because of the presence of a personal
assistance animal accompanying a person with disabilities or accompanying a
trainer or puppy raiser of a personal assistance animal in the areas of
housing, public accommodations, and education;
8. because of the presence or desired
presence of a personal assistive animal or emotional support animal for a
person with disabilities, in the area of housing;
9. because of making a charge of
discrimination, testifying or assisting in any manner in any investigation,
proceeding, or hearing under the antidiscrimination laws enforced by the
Commission, or otherwise opposing practices prohibited by the laws governing
the Commission;
10. in the form of
a direct or indirect inquiry as to whether an applicant or employee has been
arrested or charged with any crime, absent the exceptions enumerated in the
Fair Employment Practices Act.
11.
in the form of a direct or indirect inquiry, prior to the first interview, as
to whether an applicant has been convicted of a crime, absent the exceptions
covered in the Fair Employment Practices Act.
B. Method of Operations. The Commission
receives charges of discrimination, investigates the allegations and endeavors
to eliminate unlawful practices by informal methods of conciliation. When
informal methods do not resolve a charge or complaint, the Commission conducts
a hearing on the complaint. When, after said hearing, the Commission finds a
violation, it issues a Decision and Order requiring a respondent to cease and
desist from any unlawful practices and to take such affirmative or other action
as will effectuate the purposes of the law. When, after said hearing, the
Commission does not find a violation, it shall dismiss the complaint against
the respondent in a Decision and Order served on the parties.
C. Meetings. The Commission shall meet at
such times as may be established by the Commission. The Chairperson or any two
members of the Commission may call special meetings of the Commission. Subject
to the provisions of these Regulations governing hearings, any business of the
Commission may be transacted at any meetings, regular or special. Notice of
each meeting shall be provided to the members of the Commission not less than
three days before the date thereof provided that a lesser notice may be given
upon a determination by the Chairperson or any two members of the Commission
that urgent need exists for an emergency meeting of the Commission. The
Commission may consider only the specific emergency matter that warranted
calling the emergency meeting. The Commission shall post written public notice
of its meetings at Commission Headquarters and in the manner prescribed by the
Rhode Island Open Meetings Act.
