§ 28-5-6 - Definitions.
SECTION 28-5-6
§ 28-5-6 Definitions. – When used in this chapter:
(1) "Age" means anyone who is at least forty (40) years ofage.
(2) "Because of sex" or "on the basis of sex" include, butare not limited to, because of or on the basis of pregnancy, childbirth, orrelated medical conditions, and women affected by pregnancy, childbirth, orrelated medical conditions shall be treated the same for all employment relatedpurposes, including receipt of benefits under fringe benefit programs, as otherpersons not so affected but similar in their ability or inability to work, andnothing in this chapter shall be interpreted to permit otherwise.
(3) "Commission" means the Rhode Island commission againstdiscrimination created by this chapter.
(4) "Disability" means a disability as defined in §42-87-1.
(5) "Discriminate" includes segregate or separate.
(6) "Employee" does not include any individual employed byhis or her parents, spouse, or child, or in the domestic service of any person.
(7) "Employer" includes the state and all politicalsubdivisions of the state and any person in this state employing four (4) ormore individuals, and any person acting in the interest of an employer directlyor indirectly.
(ii) Nothing in this subdivision shall be construed to applyto a religious corporation, association, educational institution, or societywith respect to the employment of individuals of its religion to perform workconnected with the carrying on of its activities.
(8) "Employment agency" includes any person undertaking withor without compensation to procure opportunities to work, or to procure,recruit, refer, or place employees.
(9) "Firefighter" means an employee the duties of whoseposition includes work connected with the control and extinguishment of firesor the maintenance and use of firefighting apparatus and equipment, includingan employee engaged in this activity who is transferred or promoted to asupervisory or administrative position.
(10) "Gender identity or expression" includes a person'sactual or perceived gender, as well as a person's gender identity,gender-related self image, gender-related appearance, or gender-relatedexpression; whether or not that gender identity, gender-related self image,gender-related appearance, or gender-related expression is different from thattraditionally associated with the person's sex at birth.
(11) "Labor organization" includes any organization whichexists for the purpose, in whole or in part, of collective bargaining or ofdealing with employers concerning grievances, terms or conditions ofemployment, or of other mutual aid or protection in relation to employment.
(12) "Law enforcement officer" means an employee the dutiesof whose position include investigation, apprehension, or detention ofindividuals suspected or convicted of offenses against the criminal laws of thestate, including an employee engaged in such activity who is transferred orpromoted to a supervisory or administrative position. For the purpose of thissubdivision, "detention" includes the duties of employees assigned to guardindividuals incarcerated in any penal institution.
(13) "Person" includes one or more individuals, partnerships,associations, organizations, corporations, legal representatives, trustees,trustees in bankruptcy, or receivers.
(14) "Religion" includes all aspects of religious observanceand practice, as well as belief, unless an employer, union or employment agencydemonstrates that it is unable to reasonably accommodate to an employee's orprospective employee's or union member's religious observance or practicewithout undue hardship on the conduct of its business.
(15) "Sexual orientation" means having or being perceived ashaving an orientation for heterosexuality, bisexuality, or homosexuality. Thisdefinition is intended to describe the status of persons and does not renderlawful any conduct prohibited by the criminal laws of this state nor impose anyduty on a religious organization. This definition does not confer legislativeapproval of that status, but is intended to assure the basic human rights ofpersons to obtain and hold employment, regardless of that status.
(16) The terms, as used regarding persons with disabilities:
(i) "Auxiliary aids and services" and "reasonableaccommodation" shall have the same meaning as those items are defined in §42-87-1.1; and
(ii) "Hardship" means an "undue hardship" as defined in§ 42-87-1.1.