(a)  Any person with a disability who is the victim of discrimination prohibited by this chapter may bring an action in the superior court against the person or entity causing the discrimination for equitable relief, compensatory and/or punitive damages or for any other relief that the court deems appropriate.

Terms Used In Rhode Island General Laws 42-87-4

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Disability: means , with respect to an individual:

    (i)  A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

    (ii)  A record of such impairment; or

    (iii)  Being regarded as having such an impairment (as described in paragraph (4));

    (iv)  Includes any disability which is provided protection under the Americans with Disabilities Act, 42 U. See Rhode Island General Laws 42-87-1

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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

(b)  No person with a disability whose action for discrimination is otherwise within the jurisdiction of the commission for human rights under chapter 5 of Title 28, chapter 24 of Title 11 or chapter 37 of Title 34 may bring an action under this section, unless the commission for human rights has failed to act upon that person’s complaint within sixty (60) days of filing, or the commission has issued a final order on the complaint.

History of Section.
P.L. 1983, ch. 271, § 1; P.L. 1988, ch. 144, § 1; P.L. 1997, ch. 150, § 18.