(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.
Notes of Decisions
Horn v. S. Union Co., 927 A.2d 292 (R.I. 2007).
· cites it 4× “Section 28-5-24. The opportunity to proceed in court arises only if the commission is unable to secure a settlement agreement from the parties and hearings before the commission have not already commenced.”
Marley v. United Parcel Serv., Inc., 665 F. Supp. 119 (D.R.I. 1987).
· cites it 4× “issue and cause to be served on the respondent an order requiring the respondent to cease and desist from such unlawful employment practices, and to take such further affirmative or other action as will effectuate the purposes of this chapter, including but not limited to…”
Stonehill Coll. v. Massachusetts Comm'n Against Discrimination, 808 N.E.2d 205 (Mass. 2004).
“2003) (authorizing administrative law judge, on finding of unfair discriminatory practice, to award compensatory damages, including “damages for mental anguish or suffering”); R.I. Gen. Laws § 28-5-24 (LexisNexis 2003) (authorizing commission for human rights, on finding…”
Shoucair v. Brown Univ., 917 A.2d 418 (R.I. 2007).
· cites it 2× “” Section 28-5-24(b). Here, Shoucair testified that he suffers from a variety of physical and emotional ailments, including “debilitating back problems,” erratic sleeping and anxiety.”
Rhode Island State Police v. Madison, 508 A.2d 678 (R.I. 1986).
· cites it 3× “This shall terminate all proceedings before the commission and shall give to the complainant the right to commence suit in the Superior Court within any county as provided in § 28-5-28 within ninety (90) days after the granting of such request.”
Fud's, Inc. v. State, 727 A.2d 692 (R.I. 1999).
· cites it 2× “See §§ 28-5-24 and 28-5-24.1 (empowering the commission and the Superior Court to award various injunctive and other remedies upon determining that the employer has engaged in or is engaging in unlawful employment practices).”
In Re Rhode Island Comm'n for Human Rights, 472 A.2d 1211 (R.I. 1984).
· cites it 2× “” Section 28-5-24 states that if, upon all of the testimony taken, the “commission” shall determine that an employer 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 such…”
Olamuyiwa v. Zebra Atlantek, Inc., 45 A.3d 527 (R.I. 2012).
“1(d) reads as follows: “The superior court may make orders consistent with § 28-5-24; provided, that the court shall not enter a consent order or judgment settling claims of discrimination in an action or proceeding under this chapter, unless the parties and their counsel attest…”
Providence Journal Co. v. Mason, 359 A.2d 682 (R.I. 1976).
“The rationale of such theory is that in a case where a plaintiff brings a suit to enforce a public policy thereby benefiting the public at large such a plaintiff is said to act as a private attorney-general and that an award of attorneys’ fees in such a case is deemed essential.”
Liguori v. Aetna Cas. & Sur. Co., 384 A.2d 308 (R.I. 1978).
“In §28-5-24 the human rights commission is given authorization to fashion affirmative remedies, whether legal or equitable, to alleviate the injury done to individuals by unlawful labor practices.”
Moran v. GTech Corp., 989 F. Supp. 84 (D.R.I. 1997).
· cites it 2× “See R.I. Gen. Laws § 28-5-24 (back pay remedy under Fair Employment Practices Act); R.”
— R.I. Gen. Laws § 28-5-24(a) — 1 case
Fud's, Inc. v. State, 727 A.2d 692 (R.I. 1999).
“See §§ 28-5-24 and 28-5-24.1 (empowering the commission and the Superior Court to award various injunctive and other remedies upon determining that the employer has engaged in or is engaging in unlawful employment practices).”
— R.I. Gen. Laws § 28-5-24(b) — 1 case
Shoucair v. Brown Univ., 917 A.2d 418 (R.I. 2007).
“” Section 28-5-24(b). Here, Shoucair testified that he suffers from a variety of physical and emotional ailments, including “debilitating back problems,” erratic sleeping and anxiety.”
Annotations are extracted automatically from the opinions in the
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