Rhode Island — Workplace Discrimination

Rhode Island prohibits employment discrimination under the Fair Employment Practices Act (R.I. Gen. Laws § 28-5-1 et seq.). Section 28-5-7 makes it unlawful for employers to refuse to hire, discharge, or discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin. The statute also bars harassment on these bases, retaliation against individuals who file complaints or participate in investigations, and denial of employment opportunities based on marriage to or association with an individual of a particular race, religion, national origin, or disability. The Rhode Island Commission for Human Rights enforces the Act.

Race—statutory definitions expanded (effective July 1, 2025): Rhode Island law expressly defines "race" to include traits historically associated with race, including hair texture and "protective hairstyles" (meaning hairstyles commonly associated with a particular race or national origin, such as locks, braids, twists, cornrows, Bantu knots, and Afros). Employer policies that restrict or discipline such traits and styles may amount to race discrimination, even if they do not explicitly mention race. These definitions apply under both the Fair Employment Practices Act and the Rhode Island Civil Rights Act of 1990.

Source: R.I. Gen. Laws § 28-5-7 | R.I. Gen. Laws § 28-5-6 | R.I. Gen. Laws § 42-112-1

Rhode Island’s Fair Employment Practices Act (FEPA) applies to employers with four or more individuals under their employ. The controlling statute, R.I. Gen. Laws § 28-5-6(9)(i), does not distinguish among full-time, part-time, seasonal, or temporary workers, nor does it provide exclusions or definitions by category. This means all individuals on payroll—regardless of their schedule or job duration—are counted equally when determining FEPA coverage. This reading aligns with the broader approach found in Rhode Island’s paid sick leave regulations, where 'employee' is expressly defined to include full-time, part-time, per-diem, seasonal, and temporary workers (260-RICR-30-05-5.3). While these sick-leave rules do not govern FEPA, they offer context for interpreting Rhode Island’s use of 'employing' as broadly inclusive; there is no source in statute, regulation, or published Commission guidance that narrows this reach for FEPA as of July 2026.

Fluctuating headcount: FEPA’s statute and implementing regulations are silent on how to calculate the four-employee threshold for employers whose staff count fluctuates—there is no explicit instruction on point-in-time, average, or peak employment. No RI case law or Commission guidance articulates a method. Practitioners should be aware only that statutory silence means there is no binding rule for variable workforce size as of July 2026.

Commonly controlled entities: FEPA does not contain an aggregation rule for combining related businesses, and there is no controlling Rhode Island authority applying the federal 'integrated employer' or 'joint employer' tests from Title VII to FEPA. No court or agency guidance has required aggregation for coverage under FEPA; the law on this point is unsettled and could evolve if the courts or legislature clarify.

Summary:

• All employees (full-time, part-time, seasonal, temporary) count toward the four-employee threshold for FEPA coverage—this is the best reading of statutory text plus analogous regulatory context.
• There is no statutory or regulatory rule in Rhode Island for calculating fluctuating headcount.
• No aggregation for commonly controlled entities is currently required for FEPA coverage under existing authority, but the law is not settled.

Source: R.I. Gen. Laws § 28-5-6(9)(i) | 260-RICR-30-05-5.3

Rhode Island’s Fair Employment Practices Act (FEPA) requires that a verified complaint alleging employment discrimination must be filed with the Rhode Island Commission for Human Rights (RICHR) within one year of the alleged act of discrimination. The statute specifically states that the complaint "shall be filed within one year after the alleged act of discrimination," and this deadline applies to complaints under all protected classes covered by the statute (including race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin).

No Statutory Tolling or Extension: The text of R.I. Gen. Laws § 28-5-17 does not specify any tolling provisions or exceptions to the one-year filing period. The statute is silent on whether pursuing internal complaint procedures, federal EEOC processing, or other remedies tolls or extends the time to file with RICHR. Absent statutory direction to the contrary, the plain language sets a strict one-year window.

What the Statute Does Not Say:

• The statute does not expressly address the consequences of missing the one-year deadline (such as jurisdiction, loss of rights, or possible exceptions).
• It does not state whether filing with the EEOC or pursuing employer policies pauses or extends the statutory period.

Practitioners should take the statutory one-year period at face value unless further guidance is provided by RICHR regulations or Rhode Island case law.

Source: R.I. Gen. Laws § 28-5-17

Rhode Island’s Fair Employment Practices Act (FEPA) contains a specific religious employer exemption, which is strictly set out in statute. Under R.I. Gen. Laws § 28-5-6(9)(ii), the term “employer” does not include “a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities.”

Scope of the Exemption

• The statutory language means religious organizations—such as churches, religious schools, or religious associations—are not subject to FEPA when hiring employees “of its religion” for work that is “connected with the carrying on of its activities.”
• The statute does not explain or define what qualifies as “connected with the carrying on of its activities,” nor does it clarify whether secular (non-religious) roles are encompassed by this exemption. There is no direct statutory language or official agency publication broadening or limiting the carve-out to specific job functions beyond the quoted terms.
• The statute is silent as to whether the exemption allows any types of discrimination other than preference based on religion. There are no provisions addressing race, disability, or other bases in this carve-out, nor guidance on what happens when doctrinal incompatibility is asserted. Practitioners should note that FEPA’s religious exemption is closely tracked to the statutory text and does not establish the broader “ministerial exception” recognized under federal constitutional law.

Summary: The FEPA exemption for religious employers in Rhode Island is limited to what is specified in R.I. Gen. Laws § 28-5-6(9)(ii). Where the statute is silent, no additional rules or exclusions should be inferred from this statutory language alone.

Source: R.I. Gen. Laws § 28-5-6(9)(ii)

Rhode Island’s Pregnant Workers Fairness Act (R.I. Gen. Laws § 28-5-7.4) requires employers covered by the Fair Employment Practices Act to provide reasonable accommodations for employees and applicants with conditions related to pregnancy, childbirth, lactation, and menopause, unless doing so would impose a significant difficulty or expense (the statute’s definition of “undue hardship”).

Who is Covered: The accommodation requirement applies to employers as defined in § 28-5-6 (generally, those with four or more employees—see the 'Employer coverage threshold' section). Protections extend to both employees and applicants affected by pregnancy, childbirth, or related medical conditions, including explicit coverage for lactation and menopause.

Obligation to Accommodate: Upon request, employers must provide reasonable accommodations, such as:

• Frequent or longer breaks
• Time off to recover from childbirth
• Acquisition or modification of equipment or seating
• Temporary transfer to less strenuous or hazardous duties
• Job restructuring or modified work schedules
• Private, non-bathroom space for expressing breast milk

Employers may not require an employee to accept an accommodation or take leave if another reasonable accommodation can be provided.

Notice Requirements: Employers must provide written notice detailing these rights: (1) to new employees at the time of hire; (2) to existing employees within 120 days after June 25, 2015 (the statute’s effective date); and (3) to any employee informing the employer of pregnancy or a related condition.

Undue Hardship: An employer can only decline an accommodation if it can “demonstrate that the accommodation would impose a significant difficulty or expense in light of the size of the business, the resources available, and the nature of its operations,” as phrased in the statute. This is a fact-specific standard tied directly to the Rhode Island law.

No Adverse Action: The law prohibits employers from denying employment opportunities, taking adverse actions, or limiting benefits because an individual may require or has requested a pregnancy-, childbirth-, lactation-, or menopause-related accommodation. Forcing an employee to take leave, when another accommodation could be made, is expressly barred.

Rhode Island thus provides a specific statutory structure for workplace accommodation related to pregnancy, childbirth, lactation, and menopause, distinct from—but complementary to—general disability accommodation law.

Source: R.I. Gen. Laws § 28-5-7.4