 WHAT IS THE COMMISSION?
The Commission was created in 1949 by an act of the General Assembly.
The Commission is a state agency which enforces civil rights law.
WHAT ARE THE LAWS THE COMMISSION ENFORCES?
The Commission enforces the following civil rights laws:
Chapter 28-5 The
Fair Employment Practices Act;
Chapter 34-37 The
Fair Housing Practices Act;
Sections
23-6-22 and
23-6-23 The law regarding services to
persons with AIDS;
Chapter 11-24 The
public accommodations law;
Chapter 42-87 The
disability discrimination law;
Section 34-37-4.3 The
law regarding credit discrimination
Chapter 40-9.1 Equal
Rights of Blind and Deaf Persons to Public Facilities
WHAT IS THE FAIR EMPLOYMENT PRACTICES ACT?
This law makes it illegal to discriminate against an employee
or potential employee because of their race, color, sex, religion,
ancestral origin, disability, age (over 40) or sexual orientation,
and gender identity or expression. The law covers such issues
as hiring, promotion, salary, terms and conditions, termination,
pregnancy, and sexual harassment. Companies of four (4) or more
employees are covered by this act. The law also prohibits
retaliation against people who bring charges, assist in investigations
or oppose unlawful employment practices.
WHAT IS THE FAIR HOUSING PRACTICE ACT?
This law makes it illegal to discriminate against a tenant or
homeseeker because of their race, color, sex, religion, ancestral
origin, disability, age (18+), marital status, familial status
or sexual orientation, gender identity or expression and victims
of domestic abuse. The law covers such issues as denial of rental
or sale, terms and conditions of tenancy and eviction. Most
landlords, property managers, and real estate agents/brokers are
covered by this act. The law also prohibits retaliation
against people who bring charges, assist in investigations or
oppose unlawful housing practices.
WHAT IS THE AIDS SERVICES LAW?
This law makes it illegal to deny services to persons who are
either HIV positive or who have AIDS. This law covers persons,
agencies, organizations, or corporate bodies and makes it illegal
for them to discriminate in housing, employment, public accommodations
or delivery of services.
WHAT IS THE PUBLIC ACCOMMODATIONS
LAW?
This law makes it illegal to discriminate against a person because
of their race, color, sex, religion, ancestral origin, disability,
age (18+) or sexual orientation, and gender identity or expression.
The law covers places of public accommodation such as restaurants,
theaters, public transportation, hotels, stores, gyms, hospitals,
and any other establishment open to the public. Accommodations
which are distinctly private in nature are not covered
by this act.
WHAT IS THE DISABILITY DISCRIMINATION LAW?
This law covers persons with either physical or mental disabilities.
This act which covers issues of employment and services,
makes it illegal to deny a qualified disabled person the benefits
of employment or the benefit of any programs, activity or service
by any person or entity regulated by the state, receiving financial
assistance from the state or doing business in the state.
WHAT IS THE CREDIT LAW?
This law makes it illegal to deny credit or set different credit
terms because of a person's race, sex, religion, ancestral origin,
disability, age (18+), marital status, familial status or sexual
orientation, and gender identity or expression.
WHAT IS THE EQUAL RIGHTS OF BLIND AND DEAF PERSONS TO PUBLIC
FACILITIES LAW?
This law makes it illegal to discriminate against persons with
disabilities in housing, public accommodations and public
conveyances. The law spells out the protections for
persons using or training assistive animals.
WHAT IS THE TIME IN WHICH TO FILE?
Persons who feel they have been discriminated against have one
(1) year from the date of alleged harm to file their charge
with the Commission. The time period for filing a charge with
the Equal Employment Opportunity Commission (EEOC) is shorter.
The Commission encourages persons to contact the Commission
as soon as they believe they are victims of discrimination.
WILL A CHARGE ALSO BE FILED WITH THE FEDERAL GOVERNMENT?
Many of the cases with the Commission are automatically filed
with the federal agency responsible for enforcing the federal
anti-discrimination laws. The EEOC enforces the fair employment
laws and the U.S. Department of Housing and Urban Development
(HUD) enforces the fair housing laws.
WHAT HAPPENS AFTER A CHARGE IS
FILED?
Once the Commission accepts a charge under one or more of the
laws cited above, an impartial investigation is commenced. The
investigator gathers evidence to determine whether or not a
violation of the law(s) likely has been committed. After the
investigation is completed the Commissioner makes a preliminary
ruling based on the evidence presented. If the Commissioner
rules No Probable Cause then the case will be dismissed. If
the Commissioner rules Probable Cause then the case will go
into conciliation. If conciliation fails then the case will
go to a public hearing.
WHO ARE THE COMMISSIONERS?
The Commission has seven (7) Commissioners who are appointed
by the governor with the advice and consent of the Senate. The
Commissioners serve for five (5) years and their terms are staggered.
WHAT CAN THE COMMISSION DO IF DISCRIMINATION IS FOUND?
The Commission has the authority to award damages to victims
of discrimination. The awards vary based on each particular
case. The Commission can award backpay, compensation for pain
and suffering, the next available job or apartment, reasonable
attorney's fees and civil penalties (housing only).
CAN A CASE GO TO COURT?
The Commission has "right to sue" provisions in the
discrimination laws. In most cases, individuals filing charges
can seek a right to sue in state court if their case has been
filed with the Commission for at least 120 days and not more
than two (2) years. Following a finding of Probable Cause
either party may elect to terminate Commission proceedings and
have the matter heard in Superior Court; the election must be
made within 20 days of notice of a Probable Cause finding.
DOES THE COMMISSION CHARGE FOR ITS SERVICES?
The Commission is a state agency and there is
no charge for the services the Commission provides.
HOW LONG DOES THE COMMISSION PROCESS TAKE?
Each case accepted by the Commission takes a
different amount of time to investigate based on the nature
and complexity of the issues. It is impossible to estimate the
time for any case. The process does take time and the cooperation
of the parties is essential. The Commission does have subpoena
powers and can compel the release of documents. The Commission
can also subpoena witnesses.
THE INFORMATION OUTLINED IS
ONLY A SUMMARY OF THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION.
FOR FURTHER INFORMATION PLEASE CALL THE COMMISSION AT ONE OF
THE NUMBERS LISTED BELOW.
IF YOU ARE DISABLED AND NEED AN ACCOMMODATION RELATIVE TO OUR
SERVICES, PLEASE NOTIFY THE COMMISSION.
RHODE ISLAND
COMMISSION FOR HUMAN RIGHTS
180 Westminster Street
Third Floor
Providence, RI 02903
Telephone: (401) 222-2661
TDD # (401) 222-2664
FAX (401) 222-2616
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