Date: Thu, 6 Jul 1995 21:17:34 -0500 From: Jonathan_Lubin@Brown.edu (Jonathan Lubin) Note: The square brackets, [ and ], indicate where the insertions or changes are located in the law. Deletions are indicated by [* and *]. 95-H 6678 Substitute A UNOFFICIAL COPY STATE OF RHODE ISLAND IN GENERAL ASSEMBLY JANUARY SESSION A.D. 1995 AN ACT RELATING TO CIVIL RIGHTS It is enacted by the General Assembly as follows: SECTION 1. Chapter 34-37 of the general laws entitled "Rhode Island Fair Housing Law" is hereby amended by adding thereto the following section: [34-37-2.2. Right to equal housing opportunities sexual orientation. Whenever in this chapter there shall appear the word "sex" there shall be inserted immediately thereafter the words "sexual orientation".] [34-37-4.4. Discrimination based on sexual orientation -- Exemption.-- Nothing in this title shall prohibit an owner of a housing accommodation from refusing to rent to a person based on his or her sexual orientation if the housing accommodation is three (3) units or less, one (1) of which is occupied by the owner.] SECTION 2. Sections 34-37-1, 34-37-2, 34-37-3, 34-37-4, 34-37-4.2, 34-37-4.3, 34-37-5.2, 34-37-5.3, and 34-37-5.4 of the General Laws in Chapter 34-37 entitled "Rhode Island Fair Housing Practices Law" are hereby amended to read as follows: 34-37-1. Finding and declaration of policy. -- In the State of Rhode Island and Providence Plantations, hereinafter referred to as the state, many people are denied equal opportunity in obtaining housing accommodations and are forced to live in circumscribed area because of discriminatory housing practices based upon race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status. Such practices tend unjustly to condemn large groups of inhabitants to dwell in segregated districts or under depressed living conditions in crowded, unsanitary, substandard and unhealthful accommodations. Such conditions breed intergroup tension as veil as vice, disease, juvenile delinquency and crime; increase the fire hazard; endanger the public health; jeopardize the public safety, general welfare and good order of the entire state; and impose substantial burdens on the public revenues for the abatement and relief of conditions so created. Such discriminatory and segregative housing practices are inimical to and subvert the basic principles upon which the Colony of Rhode Island and Providence Plantations was founded and upon which the state and the United States were later established. Discrimination and segregation in housing tend to result in segregation in our public schools and other public facilities, which is contrary to the policy of the state and the constitution of the United States. Further, discrimination and segregation in housing adversely affect urban renewal programs and the growth, progress and prosperity of the state. In order to aid in the correction of these evils, it is necessary to safeguard the right of all individuals to equal opportunity in obtaining housing accommodations free of such discrimination. It is hereby declared to be the policy of the state to assure to all individuals regardless of race, color, religion, sex, [sexual orientation,] marital status, or country of ancestral origin or handicap, age or familial status equal opportunity to live in decent safe, sanitary and healthful accommodations anywhere within the state in order that the peace, health, safety and general welfare of all the inhabitants of the state may be protected and insured. The practice of discrimination in rental housing based on the potential at actual tenancy of a person with a minor child is declared to be against public policy. This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health and peace of the people of the state. 34-37-2. Right to equal housing opportunities -- Civil rights. The right of all individuals in the state to equal housing opportunities and regardless of race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status, is hereby recognized as, and declared to be, a civil right. 34-37-3. Definitions. -- When used in this chapter: (A) The term "person" includes one or more individuals, partnerships, associations, organizations, corporations, labor organizations, mutual companies, joint-stock companies, trusts, receivers, legal representatives, trustees, other fiduciaries, or real estate brokers or real estate salespersons as defined in chapter 20.5 of title 5. (B) The term "owner" includes any person having the right to sell, rent, lease or manage a housing accommodation. (C) The term "housing accommodation" includes any building or structure, or portion thereof, or any parcel of land, developed or undeveloped, which is occupied or is intended, designed, or arranged to be occupied, or to be developed for occupancy, as the home or residence of one or mote persons. (D) The term "commission" means the Rhode Island Commission for Human Rights created by sections 28-5-1 to 28-5-39, inclusive. (E) The term "discriminate" includes segregate, separate or otherwise differentiate between or among individuals, because of race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age, or familial status or because of the race or color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status of any person with whom they are or may wish to be associated. (F) The term "age" means anyone over the age of eighteen (18). (G) The term "senior citizen" means a person (62) years of age or older. (H) "Familial status" means one (1) or more individuals (who have not attained the age of eighteen (18) years) being domiciled with: (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person provided that if such an individual is not a relative or legal dependent of the designee, that such an individual shall have been domiciled with the designee for at least six (6) months. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years. (I) The term "infirm person" means a person who is disabled or suffering from a chronic illness. (J) The term "handicap" means any person who: (1) Has a physical or mental impairment which substantially limits one or more major life activities; (2) Has a record of such an impairment; or (3) Is regarded as having such an impairment; and (4) Is otherwise qualified ;but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of The Controlled Substances Act (21 USC 802)). (K) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs: Respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation; organic brain syndrome, emotional or mental illness, and specific learning disabilities. (L) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (M) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (N) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of those toward such impairment; or has none of the impairments but is treated as having such an impairment. (O) "Otherwise qualified" includes any handicapped person who with respect to the rental of property, personally or with assistance arranged by said handicapped person is capable of performing all the responsibilities of a tenant as contained in chapter 34-18-24 "tenant to maintain dwelling unit". [(P) The term "sexual orientation" means, having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to hold and convey property and to give and obtain credit, regardless of such status.] 34-37-4. Unlawful housing practices. -- (A) No owner having the right to sell, rent, lease or manage a housing accommodation as defined in subsection (B) of section 34-37-3, or an agent of any of these shall, directly or indirectly, make or cause to be made any written or oral inquiry concerning the race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin or handicap, age or familial status of any prospective purchaser, occupant or tenant of such housing accommodation; or shall, directly of indirectly, refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual such housing accommodation because of the race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status of such individual or the race, color, religion, sex, [sexual orientation,] marital status country of ancestral origin or handicap, age or familial status of any person with wham such individual is or may wish to be associated; or shall, directly or indirectly, issue any advertisement relating to the sale, rental or lease of such housing accommodation which indicates any preference, limitation, specification or discrimination based upon race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status or shall, directly or indirectly, discriminate against any individual because of his or her race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status in the terms, conditions or privileges of the sale, rental or lease of any such housing accommodation or in the furnishing of facilities or services in connection therewith. Nothing in this subsection shall be construed to prohibit any oral or written inquiry as to whether the prospective purchaser or tenant is over the age of eighteen (18). (B) No person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured shall directly or indirectly, make or cause co be made any written or oral inquiry concerning the race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status of any individual seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodation; nor shall any such person to whom such application is made in the manner hereinbefore provided, directly or indirectly, discriminate in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance against any applicant because of the race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap, age or familial status of such applicant or of the existing or prospective occupants or tenants. Nothing in this subsection shall be construed to prohibit any written or oral inquiry as to whether the applicant is over the age of eighteen (18). (C) Nothing in this section contained shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person having the right to sell, rent, lease or manage a housing accommodation to establish standards and preferences and set terms, conditions, limitations or specifications in the selling, renting, leasing or letting thereof or in the furnishing of facilities or services in connection therewith which do not discriminate on the basis of the race, color, religion, sex, [sexual orientation,] marital status or country of ancestral origin or handicap or age or familial status of any prospective purchaser, lessee, tenant or occupant thereof or on the race, color, religion, sex, [sexual orientation,] marital status or country of ancestral origin or handicap or age or familial status of any person with whom such prospective purchaser, lessee, tenant or occupant is or may wish to be associated. Nothing in this section contained shall be construed in any manner to prohibit or limit the exercise of the privilege of every person and the agent of any person making loans for or offering financial assistance in the acquisition, construction, rehabilitation, repair or maintenance of housing accommodations to set standards and preferences, terms, conditions, limitations, or specifications for the granting of such loans or financial assistance which do not discriminate on the basis of the race, color, religion, sex, [sexual orientation,] marital status or country of ancestral origin or handicap or age or familial status of the applicant for such loan or financial assistance or of any existing or prospective owner, lessee, tenant or occupant of such housing accommodation. (D) An owner may not refuse to allow a handicapped person to make, at his/her expense, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the owner may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. Where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring thee the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. Such a restoration deposition shall be exempt from Rhode Island General Laws section 34- 18-19(A) but will be subject to Rhode Island General Laws section 34- 18-19(B-F). (E) An owner may not refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped occupant equal opportunity to use and enjoy a dwelling. Every totally or partially blind person or other handicapped person who has a guide dog, or other personal assistive animal, or who obtains a guide dog, or other personal assistive animal, shall be entitled to full and equal access to all housing accommodations provided for in this subsection, and shall not be required to pay extra compensation for such guide dog, or other personal assistive animal, but shall be liable for any damage done to the premises by such a guide dog or other personal assistive animal. For the purposes of this subsection a "personal assistive animal" is an animal specifically trained, by a certified animal training program, to assist a handicapped person perform independent living tasks. (F) Any housing accommodation of four (4) units or more constructed for first occupancy after March 13, 1991 shall be designed and constructed in such a manner that: (1) the public use and common use portions of such dwellings are readily accessible to and useable by handicapped persons; (2) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; (3) all premises within such dwellings contain the following features of adaptive design: (a) accessible route into and through the dwelling; (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; (c) reinforcements in bathroom walls to allow later installation of grab bars; and (d) useable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. To the extent that any state or local building codes, statutes or ordinances are inconsistent with this section, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with this section as soon as possible, but no later than September 30, 1990. (G) Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and useability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of section (F). (H) As used in section (F), the term "housing accommodation of four (4) units or more" means: (1) buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and (2) ground floor units in other buildings consisting of four (4) or more units; (I) Nothing in section (F) shall be construed to limit any law, statute or regulation which requires a greater degree of accessibility to handicapped persons. (J) Nothing in this section requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (K) Nothing contained in this chapter shall be construed to prohibit an owner, lessee, sublessee or assignee from advertising or selecting a person of the same or opposite gender to rent, lease or share the housing unit which the owner, lessee, sublessee or assignee will occupy with the person selected. (L) No person shall aid, abet, incite, compel or coerce the doing of any act declared by this section to be an unlawful housing practice, or obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder, or attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice. (M) No owner, person defined in section 34-37-2(A), no person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured, no financial organization governed by the provisions of title 19 entitled "Financial Institutions" or any other credit granting commercial institution, no respondent under this chapter or any agent of these shall discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding or hearing under this chapter. 34-37-4.2. Exemptions -- General. -- (A) Nothing in this subchapter shall prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than commercial purposes to persons of the same religion or from giving preference to such persons unless membership in such religion is restricted on account of sex, [sexual orientation,] race, color or national origin or handicap. Nor shall anything in this subchapter prohibit a private club not in fact open to the public which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other then a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (B) Nothing in this title limits the applicability of any reasonable local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. 34-37-4.3. Discrimination in granting credit or loans prohibited. -- No financial organization governed by the provisions of title 19 of the general laws, entitled "Financial Institutions" or any other credit granting commercial institution may discriminate in the granting or extension of any form of loan or credit, or the privilege or capacity to obtain any form of loan or credit, on the basis of the applicant's sex, marital status, race or color, religion or country of ancestral origin, handicap or age or familial status[, or sexual orientation] and such form of loan and credit shall not be limited to those concerned with housing accommodations end the commission shall prevent any violation hereof in the same manner as it is to prevent unlawful housing practices under the provisions of this chapter. 34-37-5.2. Discrimination in brokerage services. -- It shall be unlawful to deny any person who meets licensing and other non- discriminatory requirements which are also applied to other applicants and members access to or membership or participation in any real estate listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling, leasing or renting a housing accommodation, or to discriminate against him/her in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, [sexual orientation,] marital status, country of ancestral origin, handicap. age or familial status. 34-37-5.3. Fostering of segregated housing prohibited. -- It shall be an unlawful discriminatory housing practice to, for profit, induce, or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, marital status, country of ancestral origin, sex, [sexual orientation,] age, handicap or familial status. 34-37-5.4. Discrimination in residential real estate-related transactions. -- (A) It shell be unlawful for any person or other entity whose business includes engaging in residential real estate- related transactions to discriminate against any person in making available such a transaction, or in the terms and conditions of such a transaction, because of race, color, religion, marital status, country of ancestral origin, sex, [sexual orientation,] age, handicap or familial status. (B) Definition. -- As used in this section, the term "residential real estate-related transaction" means any of the following: (1) The making or purchasing of loans or providing other financial assistance: (a) for purchasing constructing, improving, repairing, or maintaining a dwelling; or (b) secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. (C) Appraisal Exemption. -- Nothing in this act prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, marital status, country of ancestral origin, sex, [sexual orientation,] age, handicap or familial status. SECTION 3. Section 34-37-7 of the General Laws in Chapter 34- 37 entitled 'Rhode Island Fair Housing Practices Act' is hereby repealed in its entirety. [* 34-37-7. Educational program. -- (a) In order to eliminate the discriminatory practices, based upon race, color, religion, sex, marital status, country of ancestral origin, age, familial status or handicap, and the resulting conditions therefrom, as more fully set forth in section 34-37-1, the commission and the state department of elementary and secondary education are jointly directed to prepare a comprehensive educational program, designed for the students of the public schools of this state and for all other residents thereof, calculated to emphasize the origin of prejudice, its harmful effects, and its incompatibility with American principles of equality and fair play. (b) The commission is hereby authorized to accept contributions from any person to assist in the effectuation of this section and may seek and enlist the cooperation of private charitable, religious, labor, civic, and benevolent organizations for the purposes of this section. *] SECTION 4. Sections 28-5-2, 28-5-3, 28-5-5, 28-5-6, 28-5-7, 28-5-7.2, 28-5-7.3, 28-5-13, 28-5.22 and 28-5-38 of the General Laws in Chapter 28-5 entitled "Fair Employment Practices" are hereby amended to read as follows: 28-5-2. Statement as to results of discriminatory practices. - - The practice or policy of discrimination against individuals because of their race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin is a matter of state concern. Such discrimination foments domestic strife and unrest, threatens the rights and privileges of the inhabitants of the state, and undermines the foundations of a free democratic state. The denial of equal employment opportunities because of such discrimination and the consequent failure to utilize the productive capacities of individuals to their fullest extent deprive large segments of the population of the state of earnings necessary to maintain decent standards of living, necessitates their resort to public relief, and intensifies group conflicts, thereby resulting in grave injury to the public safety, health, and welfare. 28-5-3. Public policy. -- It is hereby declared to be the public policy of this state to foster the employment of all individuals in this state in accordance with their fullest capacities, regardless of their race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin, end to safeguard their right to obtain and hold employment without such discrimination. 28-5-5. Right to equal employment opportunities. -- The right of all individuals in this state to equal employment opportunities, regardless of race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin, is hereby recognized as, and declared to be a civil right. 28-5-6. Definitions. -- When used in this chapter: (1) The term "person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. (2)(A) The term "employer" includes the state and all political subdivisions thereof and any person in this state employing four (4) or more individuals, and any person acting in the interest of an employer directly or indirectly. (B) Nothing herein shall be construed to apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities. (C) The term "employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person. (3) The term "labor organization" includes any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment. (4) The term "employment agency" includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees. (5) The term "commission" means the Rhode Island commission against discrimination created by this chapter. (6) The term "discriminate" includes segregate or separate. (7) The term "handicap" means any physical or mental impairment which substantially limits one or more major life activities, a record of such impairment or is regarded as having such an impairment by any person, employer, labor organization or employment agency subject to this chapter. As used in this subdivision, the phrase: (A) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (B) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (C) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (D) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments but is treated as having such an impairment. (8) The term "age" means anyone who is at least forty (40) but not seventy (70) years of age. (9) The terms "because of sex" or "on the basis of sex" include, but are not limited to, because of or on the basis of pregnancy, childbirth or related medical conditions, and women affected by pregnancy, childbirth or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this chapter shall be interpreted to permit otherwise. (10) The term "firefighter" means an employee, the duties of whose position includes work connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred or promoted to a supervisory or administrative position. (11) The term "law enforcement officer" means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state, including an employee engaged in such activity who is transferred or promoted to a supervisory or administrative position. For the purpose of this subsection, "detention" includes the duties of employees assigned to guard individuals incarcerated in any penal institution. [(12) The term "sexual orientation" means, having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to obtain and hold employment, regardless of such status.] 28-5-7. -- It shall be an unlawful employment practice: (1) For any employer: (A) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, handicap, age, [sexual orientation,] or country of ancestral origin; or (B) Because of such reasons, to discharge an employee or discriminate against him or her with respect to hire, tenure, compensation, terms, conditions or privileges or employment, or any other matter directly or indirectly related to employment[, provided however, if an insurer or employer extends insurance related benefits to persons other than or in addition to the named employee, nothing herein shall require those benefits to be offered to unmarried partners of named employees]; or (C) In the recruiting of individuals for employment or in hiring them, to utilize any employment agency, placement service, training school or center, labor organization, or any other employee referring source which such employer knows, or has reasonable cause to know, discriminates against individuals because of their race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin; or (D) To refuse to reasonably accommodate an employee's or prospective employee's handicap unless the employer can demonstrate that the accommodation would pose a hardship on the employer's program, enterprise or business; (2) For any employment agency: (A) To fail or refuse to classify properly or refer for employment or otherwise discriminate against any individual because of his or her race or color, religion, sex handicap, age, [sexual orientation,] or country of ancestral origin; or (B) For any employment agency, placement service, training school or center, labor organization, or any other employee referring source to comply with an employer's request for the referral of job applicants if such request indicates either directly or indirectly that such employer will not afford full and equal employment opportunitites to individuals regardless of their race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin; (3) For any labor organization: (A) To deny full and equal membership rights to any applicant for membership because of his or her race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin; or (B) Because of such reasons, to deny a member full and equal membership rights, expel him or her from membership, or otherwise discriminate in any manner against him or her with respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or by-laws of such labor organization or by a collective labor agreement or other contract; or; (C) To fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any member because of his or her race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin; or (D) To refuse to reasonably accommodate a member's or prospective member's handicap unless the labor organization can demonstrate that the accommodation would pose a hardship on the labor organization's program, enterprise or business; (4) Except where based on a bona fide occupational qualification certified by the commission or where necessary to comply with any federal mandated affirmative action programs, for any employer or employment agency, labor organization, placement service, training school or center, or any other employee referring source, prior to employment or admission to membership of any individual, to: (A) Elicit or attempt to elicit any information directly or indirectly pertaining to his or her race or color, religion, sex, handicap, age, [sexual orientation,] or country of ancestral origin; (B) Make or keep a record of his or her race or color, religion, sex, handicap, age, [sexual orientation,] or country of ancestral origin; (C) Use any form of application for employment, or personnel or membership blank containing questions or entries directly or indirectly pertaining to race or color, religion, sex, handicap, age, [sexual orientation,] or country of ancestral origin; (D) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination based upon race or color, religion, sex, handicap, age, [sexual orientation,] or country of ancestral origin; (E) Establish, announce, or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race or color, religion, sex, handicap, age, [sexual orientation,] or country of ancestral origin of such group; (5) For any employer or employment agency, labor organization, placement service, training school or center, or any other employee referring source to discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this chapter; (6) For any person, whether or not an employer, employment agency, labor organization, or employee, to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful employment practice, or to obstruct or prevent any person from complying with the provisions of this chapter or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful employment practice; (7) For any employer to include on any application for employment a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested or charged with any crime; provided, however, that nothing herein shall prevent an employer from inquiring whether the applicant has ever ben convicted of any crime. (8) For any person who, on [June 7, 1988] is providing either by direct payment or by making contributions to a fringe benefit fund or insurance program, benefits in violation with sections 28-5-6, 28-5-7 and 28-5-8, until the expriation of a period of one year from [June 7, 1988] or if there is an applicable collective bargaining agreement in effect on [June 7, 1988], until the termination of that agreement, in order to come into compliance with sections 28-5-6, 28-5-7 and 28- 5-8, to reduce the benefits or the compensation provided any employee on [June 7, 1988], either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program; Provided, that where the costs of such benefits on [June 7, 1988] are apportioned between employers and employees, the payments or contributions required to comply with sections 28-5-6, 28-5-7 and 28-5-8 may be made by employers and employees in the same proportion: And provided further, That nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with sections 28-5-6, 28-5-7 and 28-5-8. 28-5-7.2. Proof of unlawful employment practices in disparate impact cases. -- (1) An unlawful employment practice prohibited by section 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when: (A) a complainant demonstrates that an employment practice results in a disparate impact on the basis of race, color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin, and the respondent fails to demonstrate that such practice is required by business necessity; or (B) a complainant demonstrates that a group of empoyment practices results in disparate impact on the basis of race, color, religion, sex, [sexual orientation,] handcap, age, or country of ancestral origin, and the respondent fails to demonstrate that such practices are required by business necessity; provided that: (i) if a complainant demonstrates that a group of employment practices results in a disparate impact, said complainant shall not be required to demonstrate which specific practice or practices within the group results in such disparate impact, and (ii) if the respondent demonstrates that a specific employment practice within such group of employment practices does not contribute to the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. (2) A demonstation that an employment practice is required by business necessity may be used as a defense only against a claim under this section. (3) As used in this section -- (A) The terms "complainant" and "respondent" mean those individuals or entities defined as such in sextion 28-5-17; (B) the term "demonstrates" means meets the burdens of production and persuasion; (C) the term "group of employment practices" means a combination of employment practices or an overall employment process; and (D) the term "required by business necessity" means essential to effective job performance. (4) Nothing contained herein shall be construed as limiting the methods of proof of unlawful employment practices under scetion 28-5- 7 to the methods set in this section. 28-5-7.3. Discriminatory practice need not be sole motivating factor. -- An unlawful employment practice may be established in an action or proceeding under this chapter when the complainant demonstrates that race, color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin was a motivating factor for any employment practice, even though such practice was also motivated by other factors. Nothing contained herein shall be construed as requiring direct evidence of unlawful intent or as limiting the methods of proof of unlawful employment practices under section 28-5-7. 28-5-13. Powers and duties of commission. -- The commission shall have the following powers and duties: (1) To establish and maintain a principal office in the city of Providence, Rhode Island, and such other offices within the state as it may deem necessary. (2) To meet and function at any place within the state. (3) To appoint such attornesy, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. Provided, however, That the provisions of chapter 4 of title 36 shall not apply to the chapter. (4) To adopt, promulgate, amend, and rescind rules and regulations to effectuate the provisions of this chapter, and the policies and practice of the commission in connection therewith. (5) To formulate policies to effectuate the purposes of this chapter. (6) To receive, investigate, and pass upon charges of unlawful employment practices. (7)(A) In connection with any investigation or hearing held pursuant to the provisions of this chapter, to hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and, in connection therewith, to require the production for examination of any books and papers relating to any matter under investigation or in question before the commission. (B) The commission may make rules as to the issuance of subpoenas by individual commissioners. (C) Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt punishable, upon the application of the commission, by the superior court in the county in which the hearing is held or in which the witness resides or transacts business. (8) To utilize voluntary and uncompensated services of private individuals and organizations as may from time to time be offered and needed. (9)(A) To create such advisory agencies and conciliation councils, local or state-wide, as will aid in effectuating the purposes of this chapter. The commission may itself, or it may empower these agences and councils to: (i) Study the problems of discrimination in all or specific fields of human relationships when based on race or color, religion, sex, [sexual orientation,] handicap, or country of ancestral origin, and (ii) Foster through community effort or otherwise good will among the groups and elements of the population of the state. (B) Such agencies and councils may make recommendations to the commission for the development of policies and procedure in general. (C) Advisory agencies and conciliation councils created by the commission shall be composed of representative citizens serving without pay, but with reimbursement for actual an necessary traveling expenses. (10) To issue such publications and such results of investigations and research as in its judgment will tend to promote good will and minimize or eliminate discrimination based on race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin. (11) From time to time, but not less than once a year, to report to the legislature and the governor, describing the investigations, proceedings, and hearings the commission has conducted and their outcome, the decisions it has rendered, and the other work performed by it, and make recommendations for such further legislation, concerning abuses and discrimination based on race or color, religion, sex, [sexual orientation,] handicap, age or country of ancestral origin, as may be desirable. 28-5-22. Evidence of predetermined pattern. -- The commission shall in ascertaining the practices followed by the respondent, take into account all evidence, statistical or otherwise, which may tend to prove the existence of a predetermined pattern of employment or membership; Provided, That nothing herein contained shall be construed to authorize or require any employer or labor organization to employ or admit applicants for employment or membership in the proportion which their race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin bears to the total population or in accordance with any criterion other than the individual qualifications of the applicant. 28-5-38. Liberal construction. -- The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof, and any law inconsistent with any provision hereof shall not apply. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race or color, religion, sex, [sexual orientation,] handicap, age, or country of ancestral origin. Nothing contained in this chapter shall be deemed to repeal any of the provisions of any law of this state relating to parental leave. SECTION 5. Chapter 28-5 of the general laws entitled "Fair Employment Practices" is hereby amended by adding thereto the following section: [28-5-41. Right to fair employment practices. -- Whenever in this chapter there shall appear the terms, "race or color, religion, sex, handicap, age, or country of ancestral origin" there shall be inserted immediately thereafter the words "sexual orientation."] SECTION 6. Sections 11-24-2, 11-24-2.1 and 11-24-5 of the General Laws in Chapter 11-24 entitled "Hotels and Public Places" are hereby amended to read as follows: 11-24-2. Discriminatory practices prohibited. -- No person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement shall directly or indirectly refuse, withhold from or deny to any person on account of race or color, religion or country of ancestral origin, handicap, age, or sex[, or sexual orientation] any of the accommodations, advantages, facilities or privileges thereof, and no person shall directly or indirectly publish, circulate, issue, display, post or mail any written, printed or painted communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilites and privileges of any such place shall be refused, withheld from or denied to any person on account of race or color, religion or country of ancestral origin, handicap, sex[, or sexual orientation] or age or that the patronage or custom thereat of any person belonging to or purporting to be of any particular race or color, religion or country of ancestral origin, handicap, age or sex[, or sexual orientation] is unwelcome, objectionable or not acceptable, desired or solicited. The production of any such written, printed or painted communication, notice or advertisement, purporting to relate to any such place and to be made by any person being the owner, lessee, proprietor, superintendent or manager thereof, shall be presumptive evidence in any action that the same was authorized by such person. 11-24-2.1. Discrimination based on handicap, age or sex prohibited. -- (A) Whenever in this chapter there shall appear the words "ancestral origin" there shall be inserted immediately thereafter the words "handicap, age, or sex." (1) The term "handicap" means any person who (a) has a physical or mental impairment which substantially limits one or more major life activities, (b) has a record of such an impairment, or (c) is regarded as having such an impairement, and (d) is otherwise qualified. (2) "Physical or mental impairment" means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. (3) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. (4) "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. (5) "Regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or has none of the impairments but is treated as having such an impairment. (6) "Otherwise qualified" means a handicapped person who meets the essential eligibility requirements for participation in or receipt of benefits from the program or activity. (B) Any handicapped persons shall be entitled to full and equal access, as other members of the general public to all public accommodations, subject to the conditions and limitations established by law and applicable alike to all persons. (C) Every handicapped person who has a personal assistive animal or who obtains a personal assistive animal, shall be entitled to full and equal access to all public accommodations provided for in this chapter, and shall not be required to pay extra compensation for such personal assistive animal, but shall be liable for any damage done to the premises by such a personal assistive animal. (D) Nothing in this subsection shall require any person providing a place of public accommodation to, in any way, incur any greater liability or obligation, or provide a highter degree of care for handicapped person than for a person who is not handicapped. (E) The term "sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of said status, but is intended to assure the basic human rights of persons to partake of public accommodations, regardless of such status. 11-24-5. Liberal construction of provisions. -- The provisions of sections 11-24-1 to 11-24-6, inclusive, shall be construed liberally for the accomplishment of the purposes thereof, and any law inconsistent with any provisions thereof shall not apply. Nothing contained in said sections shall be deemed to repeal any of the provisions of any law of this state relating to discrimination because of race or color, religion or country of ancestral origin, handicap, age, or sex[ or sexual orientation]. SECTION 7. Chapter 11-24 of the general laws entitled "Hotels and Public Places" is hereby amended by adding the following section: [11-24-2.2. Discrimination based on sexual orientation. -- Whenever in this chapter the terms "race or color, religion or country of ancestral origin, handicap, age or sex" shall appear, there shall be inserted immediately thereafter the words "sexual orientation."] SECTION 8 . Sections 28-5.1-7, 28-5.1-8, and 28-5.1-9 of the General Laws in Chapter 28-5.1 entitled "Equal Opportunity and Affirmative Action" are hereby amended to read as follows: 28-5.1-7. State services and facilities. -- Every state agency shall render service to the citizens of this state without discrimination based on race, color, religion, sex, [sexual orientation,] age, national origin, or handicap. No state facility shall be used in furtherance of any discriminatory practice nor shall any state agency become a party to any agreements, arrangement, or plan which has the effect of sanctioning such patterns or practices. At the request of the state equal opportunity office, each appointing authority shall critically analyze all of its operations to ascertain possible instances of noncompliance with this policy and shall initiate sustained, comprehensive programs based on the guidelines of the state equal opportunity office to remedy any defects found to exist. 28-5.1-8. Education, training and apprenticeship programs. -- All educational programs and activities of state agencies, or in which state agencies participate, shall be open to all qualified persons, without regard to race, color, religion, sex, [sexual orientation,] national origin, or handicap. Such programs shall be conducted to encourage the fullest development of the interests, aptitudes, skills and capacities of all participants. Those state agencies responsible for educational programs and activities shall take positive steps to insure that all such programs are free from either conscious or inadvertant bias, and shall make quarterly reports to the state equal opportunity office with regard to the number of persons being served and to the extent to which the goals of the chapter are being met by such programs. Expansion of training opportunities shall also be encouraged with a view toward involving large numbers of participants from those segments of the labor force where the need for upgrading levels of skill is greatest. 28-5.1-9. State employment services. -- All state agencies (including educational institutions) which provide employment referral or placement services to public or private employees, shall accept job orders, refer for employment, test, classify, counsel and train only on a nondiscriminatory basis. They shall refuse to fill any job order which has the effect of excluding any persons, because of race, color, religion, sex, [sexual orientation,] age, national origin, or handcap. Such agencies shall advise the commission for human rights promptly of any employers, employment agencies, or unions suspected of practicing unlawful discrimination. They shall assist employers and unions seeking to broaden their recruitment programs to include qualified applicants from minority groups. In addition, the department of employment security, the department of labor, the governor's commission on the handicapped, the advisory commisson on women, and the department of economic development shall fully utilize their knowledge of the labor market and economic conditions of the state, and their contacts with job applicants, employers, and unions to promote equal employment opportunities and shall require and assist all persons within their jurisdictions to initiate actions which shall remedy any situations or programs which have a negative impact on protected classes within the state. SECTION 9. This act shall take effect upon passage.