Rhode Island General Laws 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, gender identity or expression, disability, age, or country of ancestral origin was a motivating factor for any employment practice, even though the practice was also motivated by other factors. Nothing contained in this section shall be construed as requiring direct evidence of unlawful intent or as limiting the methods of proof of unlawful employment practices under § 28-5-7.
History of Section.
P.L. 1991, ch. 135, § 1; P.L. 1991, ch. 343, § 1; P.L. 1992, ch. 447, § 1; 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 28-5-7.3
- Age: means anyone who is at least forty (40) years of age. 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
- 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
- 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