Governance
Affirmative Defense (Self-Evaluation)
A legal defense allowing employers to avoid liability by demonstrating they conducted a good-faith self-evaluation and corrected unlawful wage differentials.
Definition
Rhode Island General Laws, Chapter 28-6, includes an "affirmative defense" provision, often referred to as a safe harbor. This allows an employer to avoid liability for wage discrimination claims if they can demonstrate that they have, in good faith, conducted a due diligence self-evaluation of their pay practices within two years prior to a lawsuit being filed and have made reasonable efforts to eliminate any unlawful wage differentials. The Rhode Island Department of Labor and Training provides guidance and forms for this self-evaluation.