(a)  No employer shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any proceeding; or because of the exercise by that employee on behalf of himself or herself or others of any right afforded by this chapter.

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Terms Used In Rhode Island General Laws 28-20-21

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Director: means the director of labor and training or his or her duly authorized representative. See Rhode Island General Laws 28-20-1
  • Employee: means an individual who is employed by an employer. See Rhode Island General Laws 28-20-1
  • Employer: means a person, firm, corporation, partnership, association, receiver or trustee in bankruptcy having one or more persons in his, her, or its employ, a state agency, or an agency of a political subdivision of the state, or any person acting, directly or indirectly, in the interest of an employer. See Rhode Island General Laws 28-20-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Testify: Answer questions in court.

(b)  Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of this section may, within thirty (30) days after the violation occurs, file a written complaint with the director alleging the discrimination. Upon receipt of the complaint, the director shall cause any investigation to be made that he or she deems appropriate. If upon the investigation the director determines that the provisions of this section have been violated and the employer fails or refuses to take remedial action ordered by the director, he or she shall then bring an action in any superior court against that person. In any action the courts shall have jurisdiction for cause shown to restrain violations of subsection (a) of this section and order all appropriate relief including rehiring or reinstatement of the employee to his or her former position with back pay and any other benefits to which he or she was entitled.

(c)  Within ninety (90) days of the receipt of a complaint filed under this subsection the director shall notify the complainant of his or her determination under subsection (b) of this section.

History of Section.
P.L. 1973, ch. 260, § 2.