Employment Laws in Rhode Island
Definition of employee. Employee does not include any individual employed by his or her parents, spouse or child or in the domestic service of any person.
Definition of employer. Employer includes the state and all its political subdivisions and any person in Rhode Island employing four or more individuals, as well as any agent of an employer. "Employer" does not include religious corporations, associations, educational institutions, or societies with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities.
Prohibited employment discrimination. It is an unlawful employment practice to base employment decisions or refuse to hire any individual because of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, age (40 and over), sexual orientation, gender identity or expression, national origin, use of tobacco during nonworking hours, or seeking (or refusing to seek) a protective order under domestic abuse laws.
When a employee has made an internal complaint alleging harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual orientation, gender identity or expression or country of ancestral origin, it is an unlawful employment practice for an employer to refuse to disclose in a timely manner in writing to that employee the disposition of the complaint.
AIDS. Employment discrimination based on a positive AIDS test or the perception of a positive AIDS test is prohibited.
Sexual orientation. Rhode Island employers are prohibited from discriminating against any individual on the basis of sexual orientation. Employers are not, however, required to extend insurance-related benefits to unmarried partners of employees.
Same-sex marriages. Effective February 20, 2007, Rhode Island will recognize a same-sex marriage lawfully performed in Massachusetts as a marriage in Rhode Island.
Arrest records. Employers may not include on any employment application, except for applications for law enforcement agency positions or related positions, a question inquiring either orally or in writing whether the person has ever been arrested or charged with any crime. Employers may inquire whether the individual has ever been convicted of any crime.
Smoking. Employers are prohibited from requiring an employee to refrain from smoking as a condition of employment or continued employment or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, unless the employer is a nonprofit organization with one of its primary purposes or objectives being to discourage the use of tobacco products by the general public.
An employer may not discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by the Public Health and Workplace Safety Act or reports or attempts to prosecute a violation of this law.
Recordkeeping/posting requirements. Every employer must post notices approved by the Rhode Island Commission for Human Rights in a conspicuous place.
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