515 R.I. Code R. 515-RICR-10-00-1.3

Current through December 3, 2024

Section 515-RICR-10-00-1.3 - Harassment

1.3.1 Sexual Harassment.

A. Harassment on the basis of sex is a violation of the Fair Employment Practices Act.

B. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or,

3. such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

C. In determining whether alleged conduct constitutes sexual harassment, the Commission shall look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

D. Applying general Fair Employment Practices Act principles, an employer, employment agency, employee-referring source or labor organization (hereinafter collectively referred to as "employer") is responsible for its acts and those of its agents and supervisory employees with respect to sexual harassment, regardless of whether the specific acts complained of were authorized or even forbidden by the employer and regardless of whether the employer knew of their occurrence. The Commission shall examine the circumstances of the particular employment relationship and the job functions performed by the individual in determining whether an individual acts in either a supervisory or agency capacity.

E. With respect to conduct between fellow employees, an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action.

F. An employer may also be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases, the Commission shall consider the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.

G. An employer is liable for sexual harassment by a supervisor that results in a tangible employment action such as termination, failure to promote or hire, or loss of wages.

H. If a supervisor's harassment results in a hostile work environment, an employer can avoid liability for that environment if they/it can prove that:

1. they/it reasonably tried to prevent and promptly correct the harassing behavior; and,

2. the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer.

I. Where employment opportunities or benefits are granted because of an individual's submission to the employer's sexual advances or requests for sexual favors, the employer may be held liable for other unlawful sex discrimination against other persons who were qualified for but denied that employment opportunity or benefit.

1.3.2 Other Forms of Harassment

A. Other Forms of Harassment. It is a violation of the laws enforced by the Commission for individuals protected by those laws to be harassed based on their protected class. The Commission shall apply the principles listed in §1.3.1(B) through (I) of this Part in accepting, investigating and determining charges and complaints alleging harassment on the basis of their protected class, as adapted to the circumstances of the particular law.

B. Result of Internal Complaint. When an employee has complained to their employer of harassment in the workplace on the basis of their protected class, the employer, upon the employee's request, must timely disclose to the employee, in writing, the disposition of the complaint. This shall include a description of any action taken to resolve it, pursuant to R.I. Gen. Laws § 28-5-7(1)(v). No further personnel information shall be disclosed to the complaining employee.

515 R.I. Code R. 515-RICR-10-00-1.3

Adopted effective 1/8/2019