The commission shall, in ascertaining the practices followed by the respondent, take
into account all evidence, statistical or otherwise, that may tend to prove the existence
of a predetermined pattern of employment or membership. Nothing in this section shall
be construed to authorize or require any employer or labor organization to employ
or admit applicants for employment or membership in the proportion to which their
race or color, religion, sex, sexual orientation, gender identity or expression, disability,
age, or country of ancestral origin bears to the total population or in accordance
with any criterion other than the individual qualifications of the applicant.
Notes of Decisions
Newport Shipyard, Inc. v. Rhode Island Comm'n for Human Rights, 484 A.2d 893 (R.I. 1984).
· cites it 2× “The trial justice’s reliance on the absence of any predetermined pattern of employment practices comes about because of his misplaced reliance on § 28-5-22, which reads: Evidence of predetermined pattern.”
In Re Rhode Island Comm'n for Human Rights, 472 A.2d 1211 (R.I. 1984).
· cites it 3× “However, beginning with § 28-5-22, we soon discover that there is no mention whatsoever of a commissioner or hearing examiners or agents, but instead the act deals with the commission’s consideration of the evidence adduced at the formal hearing.”
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