TITLE 28
Labor and Labor Relations
CHAPTER 28-5
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.)