§ 28-5-7. Unlawful employment practices.
It shall be an unlawful employment practice:
(1) For any employer:
(i) To refuse to hire any applicant for employment because of his or her race or color,
religion, sex, sexual orientation, gender identity or expression, disability, age,
or country of ancestral origin;
(ii) Because of those reasons, to discharge an employee or discriminate against him or
her with respect to hire, tenure, compensation, terms, conditions or privileges of
employment, or any other matter directly or indirectly related to employment. However,
if an insurer or employer extends insurance-related benefits to persons other than
or in addition to the named employee, nothing in this subdivision shall require those
benefits to be offered to unmarried partners of named employees;
(iii) In the recruiting of individuals for employment or in hiring them, to utilize any
employment agency, placement service, training school or center, labor organization,
or any other employee referring source that the employer knows, or has reasonable
cause to know, discriminates against individuals because of their race or color, religion,
sex, sexual orientation, gender identity or expression, disability, age, or country
of ancestral origin;
(iv) To refuse to reasonably accommodate an employee's or prospective employee's disability
unless the employer can demonstrate that the accommodation would pose a hardship on
the employer's program, enterprise, or business;
(v) When an employee has presented to the employer an internal complaint alleging harassment
in the workplace on the basis of race or color, religion, sex, disability, age, sexual
orientation, gender identity or expression, or country of ancestral origin, to refuse
to disclose in a timely manner in writing to that employee the disposition of the
complaint, including a description of any action taken in resolution of the complaint;
provided, however, no other personnel information shall be disclosed to the complainant;
or
(vi) To require an employee as a condition of employment, to execute a nondisclosure agreement
that requires alleged violations of civil rights remain confidential, or a non-disparagement
agreement concerning alleged violations of civil rights or alleged unlawful conduct,
or any agreement with a clause that requires alleged violations of civil rights remain
confidential. Any contract provision in violation of this subsection shall be void
as a violation of public policy;
(2)(i) For any employment agency to fail or refuse to properly classify or refer for employment
or otherwise discriminate against any individual because of his or her race or color,
religion, sex, sexual orientation, gender identity or expression, disability, age,
or country of ancestral origin; or
(ii) For any employment agency, placement service, training school or center, labor organization,
or any other employee referring source to comply with an employer's request for the
referral of job applicants if the request indicates, either directly or indirectly,
that the employer will not afford full and equal employment opportunities to individuals
regardless of their race or color, religion, sex, sexual orientation, gender identity
or expression, disability, age, or country of ancestral origin;
(3) For any labor organization:
(i) To deny full and equal membership rights to any applicant for membership because of
his or her race or color, religion, sex, sexual orientation, gender identity or expression,
disability, age, or country of ancestral origin;
(ii) Because of those reasons, to deny a member full and equal membership rights, expel
him or her from membership, or otherwise discriminate in any manner against him or
her with respect to his or her hire, tenure, compensation, terms, conditions or privileges
of employment, or any other matter directly or indirectly related to membership or
employment, whether or not authorized or required by the constitution or bylaws of
the labor organization or by a collective labor agreement or other contract;
(iii) To fail or refuse to classify properly or refer for employment, or otherwise to discriminate
against any member because of his or her race or color, religion, sex, sexual orientation,
gender identity or expression, disability, age, or country of ancestral origin; or
(iv) To refuse to reasonably accommodate a member's or prospective member's disability
unless the labor organization can demonstrate that the accommodation would pose a
hardship on the labor organization's program, enterprise, or business;
(4) Except where based on a bona fide occupational qualification certified by the commission
or where necessary to comply with any federal mandated affirmative action programs,
for any employer or employment agency, labor organization, placement service, training
school or center, or any other employee referring source, prior to employment or admission
to membership of any individual, to:
(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to
his or her race or color, religion, sex, sexual orientation, gender identity or expression,
disability, age, or country of ancestral origin;
(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation,
gender identity or expression, disability, age, or country of ancestral origin;
(iii) Use any form of application for employment, or personnel or membership blank containing
questions or entries directly or indirectly pertaining to race or color, religion,
sex, sexual orientation, gender identity or expression, disability, age, or country
of ancestral origin;
(iv) Print or publish, or cause to be printed or published, any notice or advertisement
relating to employment or membership indicating any preference, limitation, specification,
or discrimination based upon race or color, religion, sex, sexual orientation, gender
identity or expression, disability, age, or country of ancestral origin; or
(v) Establish, announce, or follow a policy of denying or limiting, through a quota system
or otherwise, employment or membership opportunities of any group because of the race
or color, religion, sex, sexual orientation, gender identity or expression, disability,
age, or country of ancestral origin of that group;
(5) For any employer or employment agency, labor organization, placement service, training
school or center, or any other employee referring source to discriminate in any manner
against any individual because he or she has opposed any practice forbidden by this
chapter, or because he or she has made a charge, testified, or assisted in any manner
in any investigation, proceeding, or hearing under this chapter;
(6) For any person, whether or not an employer, employment agency, labor organization,
or employee, to aid, abet, incite, compel, or coerce the doing of any act declared
by this section to be an unlawful employment practice, or to obstruct or prevent any
person from complying with the provisions of this chapter or any order issued pursuant
to this chapter, or to attempt directly or indirectly to commit any act declared by
this section to be an unlawful employment practice;
(7) For any employer to include on any application for employment, except applications
for law enforcement agency positions or positions related to law enforcement agencies,
a question inquiring or to otherwise inquire either orally or in writing whether the
applicant has ever been arrested, charged with or convicted of any crime; provided,
that:
(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification
from employment based on a person's conviction of one or more specified criminal offenses,
an employer may include a question or otherwise inquire whether the applicant has
ever been convicted of any of those offenses; or
(ii) If a standard fidelity bond or an equivalent bond is required for the position for
which the applicant is seeking employment and his or her conviction of one or more
specified criminal offenses would disqualify the applicant from obtaining such a bond,
an employer may include a question or otherwise inquire whether the applicant has
ever been convicted of any of those offenses; and
(iii) Notwithstanding, any employer may ask an applicant for information about his or her
criminal convictions at the first interview or thereafter, in accordance with all
applicable state and federal laws;
(8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment
or by making contributions to a fringe benefit fund or insurance program, benefits
in violation with §§ 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988, or if there is an
applicable collective bargaining agreement in effect on June 7, 1988, until the termination
of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5-38, to reduce the benefits or the compensation provided any employee on June 7, 1988,
either directly or by failing to provide sufficient contributions to a fringe benefit
fund or insurance program.
(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers
and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28-5-38 may be made by employers and employees in the same proportion.
(iii) Nothing in this section shall prevent the readjustment of benefits or compensation
for reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.