Rhode Island Midyear Law Alert
The laws below were passed and took immediate effect, applying to employers with four or more employees unless otherwise noted:
Menopause Accommodations
Rhode Island now requires employers to provide accommodations for menopause and related medical conditions (unless it would pose an undue hardship). Accommodations might include, but wouldn't be limited to, allowing employees to manage hot flashes by using personal fans or slightly altering dress codes.
Employers need to update their written notice that explains employees' rights to reasonable accommodations and freedom from discrimination related to pregnancy and related conditions to include menopause. The Rhode Island Commission for Human Rights has a model notice they assure will be updated soon.
Expanded Protections For Race
The state now defines race to include traits historically associated with race, including hair texture and protective hairstyles, such as Afros, twists, and cornrows. While the law calls out hairstyles specifically, the change could result in wider applications, such as protections for dialect and styles of dress. Employers should evaluate any policies that limit hairstyles, including policies that contain indirect restrictions, like those that limit length. If you feel that you can't resolve a conflict between protected hairstyles and safety, we recommend consulting an attorney before taking adverse action against an employee.
Captive Audience Restrictions
Employers of all sizes can't take—or threaten to take—adverse action against an employee to get them to attend, or for not attending, an employer-sponsored meeting if its primary purpose is to express the employer's opinion on religious or political matters (including labor organizing). The same applies to participating in or viewing communications for this purpose. These types of laws are primarily aimed at preventing employees from being forced to attend anti-unionization meetings.
The law contains several exceptions, including for communications that are legally mandated or essential for an employee's job duties and many communications within religious institutions.
Action Items:
Update your EEO policy to include menopause
Update the required written notice in new hire paperwork and posted in the workplace
Update your EEO policy to include traits associated with race
Review (and if needed, revise) dress code, grooming, or appearance policies to ensure they don't prohibit protected hairstyles
Talk to managers and those involved in the hiring process about not making judgments about professionalism or cultural fit based on an applicant or employee's hairstyle
Allow employees to opt out of any meeting or communication covered by captive audience restrictions and make sure supervisors understand the restriction