Commission Overview
The Commission enforces Rhode Island antidiscrimination laws in the areas of employment, housing, public accommodations, credit and delivery of services. Through impartial investigation, formal and informal resolution efforts, predetermination conferences and administrative hearings, the Commission seeks to ensure due process for both complainants (charging parties) and respondents, to provide redress for victims of discrimination, and to properly dismiss cases against businesses and individual respondents when charges of discrimination lack evidentiary support.
Protected Categories
The employment and public accommodations statutes prohibit discrimination based on race, color, sex (including pregnancy), disability, ancestral origin, religion, sexual orientation, gender identity/expression and age. The credit statute, in addition to prohibiting discrimination on these bases, also prohibits discrimination based on marital status, familial status and association with members of a protected class. The housing statute covers all of the previously mentioned areas in addition to status as a victim of domestic abuse.
Commission
Process
Intake involves
the receipt and evaluation of inquiries. If the allegations are jurisdictional, a formal charge of discrimination is
filed and
forwarded to the respondent. Investigators conduct an impartial analysis of
evidence obtained from both parties, compare all elements of the case and
attempt to negotiate a resolution. Where resolution is not achieved,
investigators make a recommendation on the merits of the charge to a Preliminary
Investigating Commissioner (“PIC”). The PIC makes a formal ruling as to whether
there is “Probable Cause” or “No Probable Cause” in respect to the allegations
of the charge.
Upon a “Probable Cause” ruling, the Commission attempts to conciliate the matter. The parties have the opportunity to elect that the matter be heard in Superior Court. Where conciliation is unsuccessful, and the parties have elected to proceed at the Commission, an administrative hearing is conducted. At the administrative hearing, evidence is admitted and sworn testimony is heard before a Commissioner; a court stenographer also is present. The Commission renders a formal Decision and Order following an administrative hearing. If discrimination is found, the Commission orders appropriate remedies and awards appropriate damages.
Laws Enforced
The Commission was created and empowered in 1949 by Title 28, Chapter 5 of the
General Laws of Rhode Island (the Fair Employment Practices Act). The Commission
has been given statutory responsibility to enforce the following laws: R.I.G.L.
§ 28-5-1 et seq. (Fair Employment Practices Act), R.I.G.L. § 34-37-1 et seq.
(Fair Housing Practices Act), R.I.G.L. 11-24-1 et seq. (Hotels and Public
Places), R.I.G.L. §§ 23-6-22 and 23-6-23 (Prevention and Suppression of
Contagious Diseases); R.I.G.L. § 42-87-1 et seq. (Civil Rights of People with
Disabilities); and R.I.G.L. § 40-9.1-1 et seq. (Equal Rights of Blind and Deaf
Persons to Public Facilities).
In addition to enforcing state laws, the Commission has contractual agreements
with the federal government (Equal Employment Opportunity Commission and U.S.
Department of Housing and Urban Development) to assist in the enforcement of the
following federal laws: Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Americans with Disabilities Act and Title
VIII of the Federal Fair Housing Law. Through the agreements with EEOC and HUD,
the Commission can investigate charges which fall under both state and federal
jurisdiction.