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Rhode Island Department of Administration State Equal Opportunity Office |
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| Table of Contents Section
1) The following link will access information on Chapter 42-119-3 State Affairs & Government, RI Commission on Women. Chapter 42-119-3 RI Commission on Women The following link will access information on Chapter 28-5.1 Equal Opportunity and Affirmative Action. It is broken up into sections using links for easy navigation and information access. Chapter 28-5.1 Equal Opportunity and Affirmative Action The following link will access information on Chapter 28-6-17 information on Wage Discrimination Based on gender Chapter 28-6 Wage Discrimination Based on Sex |
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RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN: Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination in hiring, promotion, discharge, pay, fringe benefits, and other aspects of employment, on the basis of race, color, religion, sex or national origin. The law covers applicants to and employees of most private employers, state and local governments and public or private educational institutions. Employment agencies, labor unions and apprenticeship programs also are covered. AGE: The Age Discrimination Act of 1967, as amended, prohibits age discrimination and protects applicants and employees 40 years of age or older from discrimination on account of age in hiring, promotion, discharge, compensation, terms, conditions, or privileges of employment. The law covers applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations. SEX (WAGES): In addition to sex discrimination prohibited by the Title VII of the Civil Rights Act (see above), the Equal Pay Act of 1963, as amended, prohibits sex discrimination in payment of women and men performing substantially equal work in the same establishment. The law covers applicants to and employees of most private employers, state and local governments and educational institutions. Labor organizations cannot cause employers to violate the law. Many employers not covered by Title VII, because of size, are covered by the Equal Pay Act. DISABILITY: The Americans with Disabilities Act of 1990, as amended, prohibits discrimination on the basis of disability, and protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits, and other aspects of employment. The law also requires that covered entities provide qualified applicants and employees with disabilities reasonable accommodations that do not impose undue hardship. The law covers applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations. EMPLOYERS
HOLDING FEDERAL RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN: Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment. INDIVIDUALS WITH HANDICAPS: Section 503 of the Rehabilitation Act of 1973, as amended, prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified individuals with handicaps who, with reasonable accommodation, can perform the essential functions of a job. VIETNAM ERA AND SPECIAL DISABLED VETERANS: 38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Act of 1974 prohibits job discrimination and requires affirmative action to employee and advance in employment qualified Vietnam era veterans and qualified disabled veterans. Applicants to and employees of companies with a Federal government contract or subcontract are protected under the authorities above. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under Executive Order 11246, as amended, Section 503 of the Rehabilitation Act or 38 U.S.C. 4212 of the Vietnam Era Veterans Readjustment Assistance Act should contact immediately: The
Office of Federal Contract Compliance Programs (OFCCP) Employment
Standards Administration, U.S. Department of Labor, 200 Constitution
Avenue, N.W., Washington, D.C. 20210, (202) 523-9368, or an
OFCCP regional or district office, listed in most directories
under U.S. Government, Department of Labor.
PROGRAMS OR ACTIVITIES RECEIVING RACE, COLOR NATIONAL ORIGIN, SEX: In addition to the protection of the Title VII of the Civil Rights Act of 1964, Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal assistance. If you believe you have been discriminated against in a program of any institution which receives Federal assistance, you should contact immediately the Federal agency providing such assistance. INDIVIDUALS WITH HANDICAPS Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of handicap in any program or activity which receives Federal assistance. Discrimination is prohibited in all aspects of employment against handicapped persons who, with reasonable accommodation, can perform the essential functions of a job. |
PROMOTION OF EQUAL OPPORTUNITY AND THE PREVENTION OF SEXUAL HARASSMENT IN STATE GOVERNMENT WHEREAS, there is a compelling interest in the promotion and achievement of equal opportunity; and concerted commitment is necessary to prevent discrimination and sexual harassment in all departments and agencies of Rhode Island state government; and WHEREAS, Rhode Island has an unwavering commitment to providing equal employment opportunity in state government to all qualified individuals without sexual harassment or discrimination on the basis of race, color, creed, religion, age, sex, ethnicity, national origin, veteran status, marital status, sexual orientation, gender identity, or the presence of a sensory, mental, or physical disability; and WHEREAS, the prevention and elimination of discrimination and sexual harassment requires continued action to ensure that all employment opportunities existing in or through state government are available to all qualified individuals; and WHEREAS, to provide equal opportunity for all employees and applicants in all aspects of employment including, but not limited to recruitment, hiring, retention, training, compensation, benefits, leave, assignment, transfer, promotion, discipline, demotion, terminations, and layoffs, and to ensure reasonable steps are taken to actively promote employment opportunities to all qualified individuals that historically have been underutilized in the state government workforce there is a need to reaffirm policies, practices consistent with State and Federal law. NOW,
THEREFORE, I, DONALD L. CARCIERI, by the authority vested
in me as Governor of the State of Rhode Island and Providence
Plantations, do hereby order as follows: 2. Pursuant to all applicable Federal and State law, all Agencies are to develop, promote, monitor, implement, and maintain equal employment opportunity policies and practices that: a) do not discriminate against any employees or applicants for state employment in all aspects of employment including contract procurement and service delivery, b) establish guidelines to prevent discrimination and sexual harassment of any employees or applicants for state employment; c) identify and actively promote employment opportunities for qualified individuals that historically have been underutilized in the state government workforce; d) describe the notice and filing provisions that enable any employee or applicant for state employment who believes he/she has been discriminated against or sexually harassed to immediately report such conduct to appropriate official(s). 3.
All Agency Directors shall designate an individual as the
Agency’s Equal Employment Opportunity Officer and American
with Disabilities Act Coordinator (the Officer). Such Officers,
with the assistance of the State Equal Opportunity Office
(EOO) as set forth in Title 28, Chapter 5.1 et seq. of the
Rhode Island General Laws, shall be responsible for the formulation,
drafting and reporting of plans and policies relating to nondiscrimination
as well as the prevention of sexual harassment as required
by Title 28, Chapter 51-2. All Agency Officers shall annually
attend one (1) Equal Employment Opportunity training session
and one (1) training session on the prevention of sexual harassment.
Each Agency Officer shall work cooperatively with the Diversity
Advisory Council as established by Executive Order 05-02 and
the State EOO to conduct a semi-annual review and evaluation
of hiring/promotion activity within their unit. All Agency
Directors shall work cooperatively with the Agency Officer
to monitor and maintain compliance according to the guidelines
outlined in the Agency’s EOO plan. 5.
All Agencies of Rhode Island State Government shall also comply
with State laws pertaining to the promotion of equal opportunity
for all qualified individuals and the prevention of sexual
harassment including but not limited to Article 1, Section
2 of the Rhode Island Constitution; all applicable provisions
of Rhode Island General Laws Chapter 5 through 6, and Chapter
51 of Title 28. These statutes require Fair Employment Practices
regardless of race, color, religion, sex, sexual orientation,
gender identity, expression, disability, age, or country of
origin; positive action be taken to affirm the civil rights
of protected classes of individuals; promote nondiscrimination,
and prohibit sexual harassment. 7. Pursuant to Rhode Island General Laws Title 28 Chapter 51, the Office of Labor Relations within the Department of Administration shall be responsible for assuring compliance with State and Federal laws prohibiting sexual harassment and all applicable provisions of this Executive Order. 8. Pursuant to Rhode Island General Laws Title 28, Chapter 5 Sections 8 through 40, the Rhode Island Commission for Human Rights shall be responsible for assuring compliance with State and Federal laws and all applicable provisions of this Executive Order. 9. Pursuant to Rhode Island General Laws Title 42, Chapter 51, the Governor’s Commission on Disabilities shall be responsible for assuring compliance with State and Federal laws and all applicable provisions of this Executive Order. 10. Pursuant to Rhode Island General Laws Title 23 Chapter 23-1.8, the Commission on Deaf and Hard-of-Hearing shall be responsible for assuring compliance with all applicable provisions of this Executive Order. 11. Pursuant to Rhode Island General Laws Title 28-5.1-5 and Title 36 Chapter 4-26.1, the Office of Personnel Administration within the Department of Administration and the State EOO shall be responsible for assuring compliance with State and Federal laws and all applicable provisions of this Executive Order. 12.
Pursuant to Rhode Island General Laws Title 28-5.1-3.1 each
Agency of State Government is responsible for assuring compliance
with all applicable provisions of this Executive Order. Individuals
believing that they have been discriminated against or sexually
harassed in employment by or through state government should
immediately contact: Rhode Island State Equal Opportunity
Office Department of Administration, Personnel Office One
Capitol Hill Providence, RI 02908 Tel (401) 222-3090; Fax
(401) 222-6391; TTD (401) 222-6144 Rhode Island Commission
for Human Rights |
PROMOTION OF A DIVERSE STATE GOVERNMENT WORKFORCE WHEREAS, Rhode Island State Government is committed to fostering a competitive and diverse workforce composed of highly skilled and capable employees through the recruitment, training, retention, and promotion of qualified men and women from diverse racial, ethnic, linguistic, socioeconomic, and educational backgrounds as well as individuals with disabilities; and WHEREAS, it is in the best interests of business and government to create an open, inclusive and equitable human resources paradigm that capitalizes on workforce excellence and the strength of individual differences; and WHEREAS, the Rhode Island General Assembly has determined there exists a compelling interest in promoting equal opportunity; and WHEREAS, diversity requires leadership commitment and accountability, along with the assessment and development of policies and practices to assure that the State’s operating system is based on principles of equity and inclusion; and WHEREAS, the state’s commitment to equal opportunity, diversity, and conduct that fosters respect in the workplace is unwavering. NOW, THEREFORE, I, DONALD L. CARCIERI, by the authority vested in me as Governor of the State of Rhode Island and Providence Plantations, do hereby order as follows: 1.
There shall be established within the Department of Administration
a Human Resources Outreach and Diversity Office. This Office
shall report directly to 2. The Human Resources Outreach and Diversity Office responsibilities shall include: • Developing guidelines to effectuate its mission; • Researching and developing best practices for the promotion of diversity throughout State government; • Providing guidance and technical support to state entities; • Developing a strategic and focused recruitment and tracking initiative for individuals interested in state employment including fostering relationships with community-based organizations to strengthen and support recruitment and outreach activities; • Initiating training seminars including a diversity awareness program to share the benefits of diversity and to encourage a culturally sensitive workforce environment; • Submitting an annual benchmark report to the Director of the Department of Administration or designee. 3.
To assist the Office in carrying out its responsibilities
there shall be established a Diversity Advisory Council, selected
and appointed by the Governor, and comprised of fifteen (15)
members, consisting of four (4) members of the public and
one (1) member from each of the following governmental entities:
Office of the Governor Human Resources Outreach and Diversity
Office Department of Labor & Training Office of Personnel
Administration Human Resources Office of Labor Relations Office
of Equal Opportunity Governor’s Commission on Women
Governor’s Commission on Disabilities Office of Higher
Education Rhode Island Commission on the Deaf and Hard of
Hearing Division of Legal Services within the Department of
Administration |
Compliance with the Americans with Disabilities Act. WHEREAS, The Americans with disabilities act (ADA) was enacted by the United States Congress on July 26, 1990 to expand the civil rights of individuals with disabilities in the areas of employment, transportation, public accommodations and communications; and WHEREAS, the primary objective of the ADA is to require employers and public service providers to eliminate any and all barriers, practices or policies that may discriminate against or otherwise deprive individuals with disabilities of the full use and enjoyment of public accommodations, public transportation, telecommunication systems and employment opportunities; and WHEREAS, it was anticipated that the process of removing any and all such barriers would best be effectuated by developing a comprehensive statewide plan; and WHEREAS, in June of 1991, I directed the Governors's Commission on the Handicapped to create a Coordinating Committee on the ADA that would bring representatives from all segments of State government together to participate in joint self evaluation and ADA compliance planning; and WHEREAS, the Coordinating Committee, chaired by Nancy Husted-Jensen has developed and presented me with a statewide plan for meeting the mandates of the ADA entitled "Americans With Disabilities ACT; Self Evaluation And Compliance Plan For The State Of Rhode Island;" (hereinafter "ADA Compliance Plan") NOW, THERFORE, I, BRUCE SUNDLUN, by virtue of the authority vested in me as Governor of the State of Rhode Island and Providence Plantations, do hereby order as follows; 1. The Rhode Island State ADA Compliance Plan shall be implemented forthwith so that individuals with disabilities may be fully integrated into all aspects of Rhode Island life in the most expeditious manner possible. 2. There shall be a State ADA Coordinator to assume overall, day-to-day responsibility for implementing the ADA Compliance Plan. 3. The Chairperson of the Governor's Commission on the Handicapped is hereby designated to serve at the Governor's pleasure as the state ADA Coordinator. The Executive Secretary of the Governor's Commission on the handicapped is hereby designated to serve as Deputy Coordinator. 4. The duties of the ADA Coordinator shall include: A. monitoring the State's compliance with all federal and state laws and regulations affecting individuals with handicaps, including but not limited to Section 504 for the 1973 Rehabilitation Act and the Americans with Disabilities Act; B. establishing a technical assistance program to inform and advise State and local government agencies, human service providers, providers of public accommodations, real estate agents, brokers, developers, architects, landlords, builders, and other affected entities and individuals on their obligations under the ADA; C. establishing a grievance procedure to promptly and equitably resolve complaints of noncompliance with the ADA involving departments, agencies or divisions of State government; D. establishing a procedure for initiating complaints against any department, agency or division within State government what willfully fails to comply with the requirements of the ADA or the ADA Compliance Plan. E. developing, making periodic revisions to, and overseeing implementation of an ADA Transition Plan for the removal of environmental and communication barriers in State owned facilities; F. presiding at future meetings of the State Coordinating Committee on the ADA. 5. The State Coordinating Committee on the ADA shall continue to exist and shall continue to be staffed by the Governor's Commission on the Handicapped. The Committee shall advise and assist the ADA Coordinator in the implementation of the ADA Compliance Plan. It shall also prepare a status report to the Governor on or before October 1. 1992, and annually thereafter. 6. The Governor's Commission on the Handicapped, the State Building Commission and the Commission for Human Rights shall, whenever possible and appropriate, cooperate with and assist the ADA Coordinator to; A. Assure compliance with the building accessibility and public accommodations sections of the ADA; and B. carry out the duties of the ADA Coordinator enumerated above. |
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Refugee Policy WHEREAS, the State of Rhode Island has been a home and a haven for immigrants and refugees since the beginning of its recorded history; and WHEREAS, for more than three centuries people driven from their homelands by various forms of persecution have come to Rhode Island and found the opportunity and the means to establish a new life here; and WEHREAS, the United States Refugee Act of 1980, Pub. L. No. 96212, authorizes the grant of asylum to refugees who are defined as any person outside his o her country of nationality "who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion"; and WHEREAS, Rhode Island accepts and welcomes the opportunity to take part in our national refugee resettlement program and to carry out our state's exemplary historical role in assisting people fleeing dangers and undue hardships; and WHEREAS, the refugee experience is a major upheaval in the lives of these individuals, and in order for them to adjust successfully to a new country and culture, a period of transition is necessary to learn a new language and culture; and WHEREAS, Rhode Island recognizes that refugees have great potential to contribute to the state and its communities, and that it is in the interest of all that their potential be nurtured and encouraged; and WHEREAS, the Rhode Island Office of Refugee Resettlement was created for the purpose of implementing the requirements of the Refugee Act of 1980 (P.L.96-212) to assist refugees in the state to become self-sufficient as rapidly as possible; and WHEREAS, the Governor's Advisory Council on Refugee Resettlement, created by Executive Order 85-24, was established for the purpose of forging a linkage between the refugee community and the larger Rhode Island society; and NOW, THEREFORE, I, Edward D. DiPrete, by virtue of the authority vested in me as Governor of the State of Rhode Island and Providence Plantations, hereby order and direct the following; 1. The Rhode Island Office of Refugee Resettlement shall be authorized to coordinate consultations among the following entities and agencies; voluntary agencies ("VOLAGs") and their national offices; local officials; state departments; namely, the Department of Employment Security, the Department of Health, the Department of Human Services, the Department of Mental Health, Retardation and Hospitals, the Department for Children and Their Families, the Department of Economic Development, the Department of Transportation, the Department of Education, the Office of the Attorney General and other appropriate public and private agencies. 2. The above consultations shall be to determine the availability of needed services such as housing availability and community responsiveness; to evaluate economic conditions, and to determine the proximity of organizations and institutions which provide support. 3. All transitional services shall be provided with a view to maximize their accessibility and cultural appropriateness. The characteristics and concerns of the refugee communities should be taken into account in the shaping of specific service delivery procedures and mechanisms and the determination of their cultural and linguistic sensitivity. 4. Those state agencies as previously stated that conduct programs and activities directly or indirectly relating to the service needs of the refugee population shall immediately undertake an affirmative planning process with regard to refugees. This planning process shall be completed by October 1, 1986, and shall include the following elements; A. Needs Assessment: Determining the current and potential requirements refugees have for the agencies' services; B. Current Use: measuring and documenting the extent to which refugees now use the services; C. Agency Service Plan For Refugees: Formulating a plan, including a timetable for implementation, that ensures that delivery of the agencies' services to refugees meets the needs identified in the needs assessment and are in compliance with Title VI of the United States Civil Rights Act of 1964. 5. Rhode Island Office of Refugee Resettlement and Rhode Island Equal Opportunity Office Assistance: The Rhode Island Office of Refugee Resettlement and the Rhode Island Office of Equal Opportunity shall provide technical assistance to the agencies throughout the planning process and shall monitor the agencies' progress in the implementation of their plans. Technical assistance when necessary will be requested from the Federal Offices for Civil Rights Compliance. 6. State Agencies Preparing Agency Service Plans: The following state agencies shall engage in the planning process: the Department of Employment Security, the Department of Health, the Department of Human Services, the Department of Mental Health, Retardation and Hospitals, the Department for Children and Their Families, the Department of Education, the Department of Economic Development, and the Department of Transportation. 7. Transitional Education Program: RIOOR shall meet regularly with the Department of Education to coordinate the provision of the transitional program for refugee children, bilingual education programs, adult education services, and other educational programs of special concern to the refugee communities. 8. Consultation with Attorney General: RIORR shall work with the Office of the Attorney General, specifically the Civil Rights Division and the Division of Consumer Protection, in its effort to ensure that necessary state protection and services are available to the refugee population. |
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IN AMENDMENT FO THE EXECUTIVE ORDER No. 15 DATED APRIL 16, 1970 WHEREAS, persons with criminal records who have spent portions of their lives in prisons in payment for mistakes of their past lives eventually return to society without jobs and without the confidence, skill or education to obtain useful employment; and WHEREAS, such persons are often the victims of public mistrust and suspicion, notwithstanding whatever constructive transformation they may have undergone during the time spent in prison; and WHEREAS, statistics reveal that the unemployment rate of ex prisoners is inordinately high and that such unemployment often precipitates a return for these persons to a life of criminal conduct; and WHEREAS, former prisoners upon their release from custody should be given a fair opportunity to rehabilitate themselves and to demonstrate their capacity to live useful, productive lives; NOW, THEREFORE, by the virtue of authority vested in me as Governor of the State of Rhode Island and Providence Plantations and in amendment of EXecutive Order No. 15 dated April 16, 1970, I hereby order and direct all directors of state agencies and departments to give every consideration practicable to applicants who have prison records. Under no circumstances should a prison record be considered an automatic bar to state employment. If such an applicant is found unqualified for the particular employment sought, all directors should consider the availability of other positions in their departments which may be more suitable for the skills of the applicant. Moreover, whenever a director believes the particular applicant possess the qualifications for employment in a capacity not available or offered in some other department, the director is hereby instructed to refer the applicant to the state personnel director and to forward to the state personnel director his or her recommendation concerning the applicant's employment potential. |
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