Rhode Island General Laws 28-5-7.2. Proof of unlawful employment practices in disparate impact cases
(a) An unlawful employment practice prohibited by § 28-5-7 may be established by proof of disparate impact. An unlawful employment practice by proof of disparate impact is established when:
(1) A complainant demonstrates that an employment practice results in a disparate impact on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, and the respondent fails to demonstrate that the practice is required by business necessity; or
(2) A complainant demonstrates that a group of employment practices results in disparate impact on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin, and the respondent fails to demonstrate that the practices are required by business necessity; provided that:
(i) If a complainant demonstrates that a group of employment practices results in a disparate impact, the complainant shall not be required to demonstrate which specific practice or practices within the group results in the disparate impact; and
(ii) If the respondent demonstrates that a specific employment practice within that group of employment practices does not contribute to the disparate impact, the respondent shall not be required to demonstrate that the practice is required by business necessity.
Terms Used In Rhode Island General Laws 28-5-7.2
- 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
- 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
(b) A demonstration that an employment practice is required by business necessity may be used as a defense only against a claim under this section.
(c) As used in this section:
(1) “Complainant” and “respondent” mean those individuals or entities defined as such in § 28-5-17;
(2) “Demonstrates” means meets the burdens of production and persuasion;
(3) “Group of employment practices” means a combination of employment practices or an overall employment process; and
(4) “Required by business necessity” means essential to effective job performance.
(d) Nothing contained in this section shall be construed as limiting the methods of proof of unlawful employment practices under § 28-5-7 to the methods set in this section.
History of Section.
P.L. 1991, ch. 135, § 1; P.L. 1991, ch. 343, § 1; P.L. 1995, ch. 32, § 4; P.L. 1997, ch. 150, § 4; P.L. 2001, ch. 340, § 3.