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.