§ 28-5-7 - Unlawful employment practices.
SECTION 28-5-7
§ 28-5-7 Unlawful employment practices.– It shall be an unlawful employment practice:
(1) For any employer:
(i) To refuse to hire any applicant for employment because ofhis or her race or color, religion, sex, sexual orientation, gender identity orexpression, disability, age, or country of ancestral origin;
(ii) Because of those reasons, to discharge an employee ordiscriminate against him or her with respect to hire, tenure, compensation,terms, conditions or privileges of employment, or any other matter directly orindirectly related to employment. However, if an insurer or employer extendsinsurance related benefits to persons other than or in addition to the namedemployee, nothing in this subdivision shall require those benefits to beoffered to unmarried partners of named employees;
(iii) In the recruiting of individuals for employment or inhiring them, to utilize any employment agency, placement service, trainingschool or center, labor organization, or any other employee referring sourcewhich the employer knows, or has reasonable cause to know, discriminatesagainst individuals because of their race or color, religion, sex, sexualorientation, gender identity or expression, disability, age, or country ofancestral origin;
(iv) To refuse to reasonably accommodate an employee's orprospective employee's disability unless the employer can demonstrate that theaccommodation would pose a hardship on the employer's program, enterprise, orbusiness; or
(v) When an employee has presented to the employer aninternal complaint alleging harassment in the workplace on the basis of race orcolor, religion, sex, disability, age, sexual orientation, gender identity orexpression, or country of ancestral origin, to refuse to disclose in a timelymanner in writing to that employee the disposition of the complaint, includinga description of any action taken in resolution of the complaint; provided,however, no other personnel information shall be disclosed to the complainant.
(2) For any employment agency to fail or refuse to properlyclassify or refer for employment or otherwise discriminate against anyindividual because of his or her race or color, religion, sex, sexualorientation, gender identity or expression, disability, age, or country ofancestral origin; or
(ii) For any employment agency, placement service, trainingschool or center, labor organization, or any other employee referring source tocomply with an employer's request for the referral of job applicants if therequest indicates either directly or indirectly that the employer will notafford full and equal employment opportunities to individuals regardless oftheir race or color, religion, sex, sexual orientation, gender identity orexpression, disability, age, or country of ancestral origin;
(3) For any labor organization:
(i) To deny full and equal membership rights to any applicantfor membership because of his or her race or color, religion, sex, sexualorientation, gender identity or expression, disability, age, or country ofancestral origin;
(ii) Because of those reasons, to deny a member full andequal membership rights, expel him or her from membership, or otherwisediscriminate in any manner against him or her with respect to his or her hire,tenure, compensation, terms, conditions or privileges of employment, or anyother matter directly or indirectly related to membership or employment,whether or not authorized or required by the constitution or bylaws of thelabor organization or by a collective labor agreement or other contract;
(iii) To fail or refuse to classify properly or refer foremployment, or otherwise to discriminate against any member because of his orher race or color, religion, sex, sexual orientation, gender identity orexpression, disability, age, or country of ancestral origin; or
(iv) To refuse to reasonably accommodate a member's orprospective member's disability unless the labor organization can demonstratethat the accommodation would pose a hardship on the labor organization'sprogram, enterprise, or business;
(4) Except where based on a bona fide occupationalqualification certified by the commission or where necessary to comply with anyfederal mandated affirmative action programs, for any employer or employmentagency, labor organization, placement service, training school or center, orany other employee referring source, prior to employment or admission tomembership of any individual, to:
(i) Elicit or attempt to elicit any information directly orindirectly pertaining to his or her race or color, religion, sex, sexualorientation, gender identity or expression, disability, age, or country ofancestral origin;
(ii) Make or keep a record of his or her race or color,religion, sex, sexual orientation, gender identity or expression, disability,age, or country of ancestral origin;
(iii) Use any form of application for employment, orpersonnel or membership blank containing questions or entries directly orindirectly pertaining to race or color, religion, sex, sexual orientation,gender identity or expression, disability, age, or country of ancestral origin;
(iv) Print or publish or cause to be printed or published anynotice or advertisement relating to employment or membership indicating anypreference, limitation, specification, or discrimination based upon race orcolor, religion, sex, sexual orientation, gender identity or expression,disability, age, or country of ancestral origin; or
(v) Establish, announce, or follow a policy of denying orlimiting, through a quota system or otherwise, employment or membershipopportunities of any group because of the race or color, religion, sex, sexualorientation, gender identity or expression, disability, age, or country ofancestral origin of that group;
(5) For any employer or employment agency, labororganization, placement service, training school or center, or any otheremployee referring source to discriminate in any manner against any individualbecause he or she has opposed any practice forbidden by this chapter, orbecause he or she has made a charge, testified, or assisted in any manner inany investigation, proceeding, or hearing under this chapter;
(6) For any person, whether or not an employer, employmentagency, labor organization, or employee, to aid, abet, incite, compel, orcoerce the doing of any act declared by this section to be an unlawfulemployment practice, or to obstruct or prevent any person from complying withthe provisions of this chapter or any order issued pursuant to this chapter, orto attempt directly or indirectly to commit any act declared by this section tobe an unlawful employment practice;
(7) For any employer to include on any application foremployment, except applications for law enforcement agency positions orpositions related to law enforcement agencies, a question inquiring or tootherwise inquire either orally or in writing whether the applicant has everbeen arrested or charged with any crime; provided, that nothing in thissubdivision shall prevent an employer from inquiring whether the applicant hasever been convicted of any crime;
(8) For any person who, on June 7, 1988, is providing eitherby direct payment or by making contributions to a fringe benefit fund orinsurance program, benefits in violation with §§ 28-5-6, 28-5-7 and28-5-38, until the expiration of a period of one year from June 7, 1988 or ifthere is an applicable collective bargaining agreement in effect on June 7,1988, until the termination of that agreement, in order to come into compliancewith §§ 28-5-6, 28-5-7 and 28-5-38, to reduce the benefits or thecompensation provided any employee on June 7, 1988, either directly or byfailing to provide sufficient contributions to a fringe benefit fund orinsurance program.
(ii) Where the costs of these benefits on June 7, 1988 areapportioned between employers and employees, the payments or contributionsrequired to comply with §§ 28-5-6, 28-5-7 and 28-5-38 may be made byemployers and employees in the same proportion.
(iii) Nothing in this section shall prevent the readjustmentof benefits or compensation for reasons unrelated to compliance with§§ 28-5-6, 28-5-7 and 28-5-38.