Fair Employment Practices
28-5
Discrimination in
Employment Prohibited 42-87
Disability Business
Enterprises 37-2.2-3. 7
Worker's Compensation
28-33-17
Medical Rehabilitative
Services 28-33-41
Vocational Rehabilitation
Services 42-12-8 to 17
Workers with
Disabilities--Exemption from minimum wage 28-12-9
Priority for Veterans with
Disabilities 36-4-19
Special List of Persons
Eligible for State Jobs 36-4-61
"The
right of all individuals in this state to equal employment opportunities, regardless of
race or color, religion, sex, disability, age, or country of ancestral origin, is hereby
recognized as, and declared to be a civil right."
To file a complaint contact: Commission for Human Rights
It is illegal for any employer doing
business in Rhode Island to refuse to provide reasonable accommodations for persons with
any disability as defined under the Americans with Disabilities Act, or to otherwise
discriminate in employment activities, including:
a. recruitment/advertising,
b. processing
applications,
c. hiring/rehiring,
d. promotion/tenure/seniority
lists,
e. transfer,
f. layoff/termination,
g. pay rate,
h. job
assignments/classifications,
i. leave provisions,
j. fringe benefits,
k. financial assistance
for training opportunities,
a.social or recreational programs
sponsored by the employer,
b.any other privilege or condition of
employment,
c.for any employer or employment
agency, labor organization, placement service, training school or center or any other
employee referral source to discriminate in any manner against any individual with a
disability because he/she opposes this particular statute,
d.for any employer, employment
agency, labor organization, placement service, training school or center, or any other
employee referring source to deny an individual their rights because he or she has applied
for, received or continues to receive private insurance or government assistance on the
basis of a physical or mental impairment. However,
such fact may be considered as evidence by the commission or any court in its
determination as to whether an individual has in fact been discriminated against,
e.any person in a employer capacity
to aid, abet, incite, compel, or coerce any act that is declared unlawful by this act,
f.it is illegal to discriminate
against individuals who have a relationship or are in association with individuals with
disabilities, or
g.no business or agency doing
business and/or receiving financial assistance from the state shall interrupt or
discourage any individual with a disability from exercising their rights under the Fair
Employment Act.
There
is one exception that the employer and the labor organization may follow. If a particular
situation is to meet a federal mandate, and upon bona-fide occupational qualification by
the commission, the employer and labor organization may do the following:
1. Elicit or attempt to elicit information about a person's
disability,
2. Make or keep a record of an employees disability, or
3. Using any form of application for employment with question
pertaining to the individual's disability,
4. To print or publish and/or follow any policy limiting or denying
through a quota employment and/or membership opportunities.
It
is illegal for labor unions to participate in the following acts of discrimination:
a. to deny full membership rights to any applicant because of
disability,
b. to expel a person from membership or otherwise discriminate against
his or her conditions of employment,
c. to refuse to classify properly or to fail to refer for employment,
or
d. to refuse to reasonably accommodate a member's or prospective
member's disability unless the labor organization can produce evidence such as it is an
undue hardship for them.
To file a complaint contact the:
An employer must pay the employee, who is totally incapable of continuing work due
to a job related incident, at least seventy-five percent (75%) of his/her average wages. A
person must have one of the following disabilities:
1.
the total and irrecoverable loss of sight or
reduction to one-tenth(1/10)or loss of normal vision;
2.
the loss of both feet at or above the ankle;
3.
the loss of both hands at or above the wrist;
4.
the loss of one (1) hand and one (1) foot;
5.
an injury to the spine resulting in permanent and
complete paralysis of legs or arms;
6.
an injury to the skull resulting in diminished
capacity or insanity; and
7.
in all other total disability cases it shall be
determined if it is a result of an injury where the employee is physically to earn any
wages in any employment.
If
the employee has a number of dependents that are depending on his income, fifteen dollars
($15.00) shall be added to his/her weekly compensation. If each person is solely dependent
on the employee, twenty dollars ($20.00) will be added to the weekly compensation the
employee earns.
The
definition of a dependent under this section is as follows:
1. a wife living with her husband upon the date of injury;
2. a husband living with his wife upon the date of injury;
3. children under eighteen
years of age (18) years (or over 18 and physically or mentally disabled). All dependents
must be living with the employee receiving worker's compensation.
Payments
made to all totally incapacitated employees shall be increased as of May 10, 1991, and
annually on the tenth of May thereafter so long as the employee remains totally
incapacitated. The increase shall be by an amount equal to the total percentage increase
in annual consumer price index.
For further information contact the:
Division of
Rehabilitation, Department of Labor and Training
The injured worker is offered physical, mental, and vocational rehabilitation
services to help reach financial independence. The
goal for these services is to get the injured worker as close to the health condition the
individual had before being injured. The following services are available to the
individuals working toward this goal:
1. medical
2. surgical
3. hospital
4. nursing care
5. attendant care
6. chiropractic care
7. physical therapy
8. occupational therapy
9. medicines
10. prostheses
11. other physical rehabilitative services
a. psychosocial services
b. reasonable travel expenses incurring while procuring services.
If pre-injury health or employability is not possible, the following services shall
be provided to the injured party as an alternative:
1. psychosocial and vocational evaluations, or
2. counseling and training.
The
Department of Human Services provides vocational rehabilitation services to disabled
persons to assist them to return to civil employment.
To be eligible for services, the individual must:
1. have a physical or mental disability,
2. to be expected to be totally or partly incapacitated for employment
purposes, and
3. could be employable, if provided rehabilitation services.
Rehabilitation services could include:
1. medical and vocational diagnosis,
2. vocational guidance,
3. counseling and placement assistance,
4. rehabilitation training,
5. physical restoration (including prosthetic applications),
6. transportation,
7. occupational licenses,
8. tools and equipment,
9. maintenance,
10. training books and materials,
11. neuropsychological evaluations, and
12. cognitive retraining.
The Department
of Human Services maintains a central registry of individuals with traumatic brain damage. It also provides medical, diagnostic, physical
restoration, training and other rehabilitation to enable individuals with disabilities
(including those with traumatic brain damage) to attain the maximum degree of self-care.
For more information contact the:
Office
of Rehabilitation Services
For assistance with a complaint contact the:
Rhode Island Client Assistance Program, RI Disability Law Center
Special licenses are available that permit employers to pay less than minimum wage
to workers with disabilities. A public
hearing must be held for each request; anyone who wishes may speak at this meeting. The Director of Labor and Training determines if
the license shall be granted, if it will prevent the loss of employment opportunities for
those whose earning ability has been hindered by physical or mental disabilities.
For more information contact the:
Director, Department of Labor and Training
Industrial homework licenses are available for employers of workers with
disabilities. These licenses allow people to
work at home when physical disabilities prevent them from performing the work at the place
of business. Also each qualified homeworker
must obtain a homeworker's certificate. A
request for a homework license can be denied if the Director of Labor and Training
determines that it would jeopardize the jobs of the other factory workers, the welfare of
the homeworker, or the public health and safety.
For more information contact the:
Director, Department of Labor and Training
Any veteran with a disability who attains the minimum required score on the exam
for entrance into classified state service will have ten points added to the exam score. In addition, the letters "DV" will be
placed next to the name to indicate his or her status as a disabled veteran.
The
employment list is ranked according to the final scores of the applicants. These additional points will place a veteran with
a disability higher on this list, thus increasing his or her chances of acquiring a state
job.
For more information contact the:
The personnel administrator is authorized and empowered to prepare, without
examination, special lists of eligible persons who have severe physical and/or mental
impairments and who are certified by the Department of Human Services as being trained to
qualify for state service.
To qualify for this list, a person must:
1. have a severe physical and/or and mental impairment that employment
under competitive rules is not possible;
2. demonstrate an ability to do a job for five (5) months on a
temporary basis; and
3. meet minimum qualification standards for the position.
For more information contact
the:
Office of
Personnel Administration
or
Office
of Rehabilitation Services
Whenever any products have been made or manufactured by or services provided by persons with disabilities in nonprofit rehabilitation facilities or in profit making facilities where seventy-five (75) percent of the employees are disabled meet the requirements of any department, institution, or agency supported by the state as to quantity, quality, and price, those products will have preference over the products or services from other providers. All departments, institutions, and agencies supported, in whole or part by the state will purchase such articles made or manufactured and services provided by persons with disabilities. A list describing the styles, designs, sizes, and varieties of articles made by persons with disabilities and describing all available services and subcontract work, provided by those persons, shall be prepared by the governor's commission on disabilities.
For
further information contact the:
Governor’s Commission on Disabilities
INDEX:
Medical Rehabilitation Services
Priority for Veterans with Disabilities--State Jobs Eligibility for State Jobs/Special List of Persons
Vocational Rehabilitation Services
Advisory Commission on Traumatic Brain Injury
Client Assistance Program (CAP)
Administration, Office of Personnel
Administration
Human Services, Office of Rehabilitation
Labor, Division of Rehabilitation
Dependents of Disabled Persons
Medical Rehabilitation Services
Office of Rehabilitation Services
Rhode Island Client Assistance Program (RICAP)
Priority for Veterans with Disabilities