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§28-5-24  Injunctive and other remedies – Compliance. –

Published: 2015

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Labor and Labor Relations


Fair Employment Practices

SECTION 28-5-24

   § 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.)