§ 28-5-24. Injunctive and other remedies — Compliance.
(a)(1) If upon all the testimony taken the commission determines that the respondent has engaged in or is engaging in unlawful employment practices, the commission shall state its findings of fact and shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from the unlawful employment practices, and to take any further affirmative or other action that will effectuate the purposes of this chapter, including, but not limited to, hiring, reinstatement, or upgrading of employees with or without back pay, or admission or restoration to union membership, including a requirement for reports of the manner of compliance. Back pay shall include the economic value of all benefits and raises to which an employee would have been entitled had an unfair employment practice not been committed, plus interest on those amounts.
(2) Where an unlawful employment practice has been established under § 28-5-7.3, the commission need not award hiring, reinstatement, or upgrading with back pay if the respondent establishes by a preponderance of the evidence that it would have taken the same action in the absence of any unlawful motivating factor.
(3) In appropriate circumstances, attorney’s fees, including expert fees and other litigation expenses, may be granted to the attorney for the plaintiff if he or she prevails. Upon the submission of reports of compliance the commission, if satisfied with the reports, may issue its finding that the respondent has ceased to engage in unlawful employment practices.
(b) If the commission finds that the respondent has engaged in intentional discrimination in violation of this chapter, the commission, in addition, may award compensatory damages. The complainant shall not be required to prove that he or she has suffered physical harm or physical manifestation of injury in order to be awarded compensatory damages. As used in this section, the term “compensatory damages” does not include back pay or interest on back pay, and the term “intentional discrimination in violation of this chapter” means any unlawful employment practice except one that is solely based on a demonstration of disparate impact.
History of Section.P.L. 1949, ch. 2181, § 8; G.L. 1956, § 28-5-24; P.L. 1981, ch. 323, § 1; P.L. 1991, ch. 135, § 2; P.L. 1991, ch. 343, § 2; P.L. 1992, ch. 447, § 1.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-5 - Fair Employment Practices
Section 28-5-1. - Short title.
Section 28-5-2. - Legislative findings.
Section 28-5-3. - Declaration of policy.
Section 28-5-4. - Exercise of police power.
Section 28-5-5. - Right to equal employment opportunities.
Section 28-5-5.1 - — 28-5-5.3. [Repealed.]
Section 28-5-6. - Definitions.
Section 28-5-7. - Unlawful employment practices.
Section 28-5-7.1. - Exemption of firefighter and law enforcement officer.
Section 28-5-7.2. - Proof of unlawful employment practices in disparate impact cases.
Section 28-5-7.3. - Discriminatory practice need not be sole motivating factor.
Section 28-5-7.4. - Accommodation of pregnancy-related conditions.
Section 28-5-8. - Rhode Island commission for human rights — Composition.
Section 28-5-9. - Terms of commission members.
Section 28-5-10. - Quorum of commission.
Section 28-5-11. - Compensation of commission members — Reappointment.
Section 28-5-12. - Removal of commission members.
Section 28-5-13. - Powers and duties of commission.
Section 28-5-14. - Educational program.
Section 28-5-15. - Acceptance of contributions — Cooperation of private agencies.
Section 28-5-16. - Power to prevent unlawful practices — Preference for informal methods.
Section 28-5-17. - Conciliation of charges of unlawful practices.
Section 28-5-18. - Complaint and notice of hearing.
Section 28-5-20. - Answer to complaint — Respondent’s rights at hearing.
Section 28-5-20.1. - Proceedings before other state administrative agencies.
Section 28-5-21. - Rules of evidence.
Section 28-5-22. - Evidence of predetermined pattern.
Section 28-5-23. - Testimony at hearing.
Section 28-5-24. - Injunctive and other remedies — Compliance.
Section 28-5-24.1. - Proceedings in superior court.
Section 28-5-25. - Order dismissing complaint.
Section 28-5-26. - Modification of findings or orders.
Section 28-5-27. - [Repealed.]
Section 28-5-28. - Right to judicial review or enforcement.
Section 28-5-29. - Initiation of judicial proceedings — Powers of court.
Section 28-5-29.1. - Punitive damages.
Section 28-5-30. - Objections not urged before commission.
Section 28-5-31. - Additional evidence in court.
Section 28-5-32. - Modification of commission’s findings and orders on additional evidence.
Section 28-5-33. - Exclusive jurisdiction of court — Appeal to supreme court.
Section 28-5-34. - Commission’s copy of testimony — Hearing on transcript.
Section 28-5-35. - Commission’s attorneys.
Section 28-5-36. - Decree for enforcement of commission’s order.
Section 28-5-37. - Posting of statutory provisions.
Section 28-5-38. - Liberal construction.
Section 28-5-39. - Severability.
Section 28-5-40. - Affirmative action report.
Section 28-5-41. - Right to fair employment practices.
Section 28-5-41.1. - Right to fair employment practices — Gender identity or expression.
Section 28-5-42. - Receipt of assistance — No estoppel effect.