Rhode Island General Laws 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, that may tend to prove the existence of a predetermined pattern of employment or membership. Nothing in this section shall be construed to authorize or require any employer or labor organization to employ or admit applicants for employment or membership in the proportion to which their race or color, religion, sex, sexual orientation, gender identity or expression, disability, 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.
History of Section.
P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-22; P.L. 1973, ch. 132, § 1; P.L. 1986, ch. 198, § 15; P.L. 1995, ch. 32, § 4; P.L. 1997, ch. 150, § 4; P.L. 2001, ch. 340, § 3.
Terms Used In Rhode Island General Laws 28-5-22
- Age: means anyone who is at least forty (40) years of age. See Rhode Island General Laws 28-5-6
- Commission: means the Rhode Island commission against discrimination created by this chapter. See Rhode Island General Laws 28-5-6
- Disability: means a disability as defined in § 42-87-1. See Rhode Island General Laws 28-5-6
- Employer: includes the state and all political subdivisions of the state 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. See Rhode Island General Laws 28-5-6
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gender identity or expression: includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. See Rhode Island General Laws 28-5-6
- Labor organization: includes any organization that 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. See Rhode Island General Laws 28-5-6
- Religion: includes all aspects of religious observance and practice, as well as belief, unless an employer, union, or employment agency demonstrates that it is unable to reasonably accommodate to an employee's or prospective employee's or union member's religious observance or practice without undue hardship on the conduct of its business. See Rhode Island General Laws 28-5-6
- Sexual orientation: means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. See Rhode Island General Laws 28-5-6