Rhode Island Wage Discrimination Act

Rhode Island General Laws, Chapter 28-6, Wage Discrimination Based on Protected Characteristics

United States

RET-US-NA-S0270A0-2021

Effective: January 1, 2023
In Force (Amended)(In Force (Amended))
ActPay History BansWage Discussion RightsPay Transparency in Hiring

The Rhode Island General Laws, Chapter 28-6, enacted in 2021 and largely effective January 1, 2023, significantly expands pay equity protections beyond sex-based discrimination to include a comprehensive list of protected characteristics. It shifts from an 'equal work' to a 'comparable work' standard, imposing new responsibilities on employers. Key innovations include a ban on wage history inquiries, mandatory disclosure of wage ranges, and an affirmative defense for proactive self-evaluations, all enforced by the Rhode Island Department of Labor and Training.

Overview

The Rhode Island General Laws, Chapter 28-6, titled "Wage Discrimination Based on Protected Characteristics," represents a significant legislative effort to combat wage disparities and promote pay equity across the state. Enacted through amendments signed into law on July 6, 2021, and largely effective January 1, 2023, this statute broadens the scope of protections beyond traditional sex-based discrimination to include a comprehensive list of protected characteristics. The law aims to strengthen and close gaps in existing wage discrimination laws by shifting from an an "equal work" standard to a more expansive "comparable work" standard, thereby increasing employer accountability for wage differentials. This legislative update was the culmination of years of advocacy, with Senator Goldin sponsoring the legislation since 2015 and Representative Donovan since 2018, highlighting a sustained commitment to addressing systemic pay inequities and ensuring fair compensation for all workers in Rhode Island. The amendments were passed as House Bill 5261A and Senate Bill 0270A, demonstrating bipartisan support for these critical reforms.

Historically, federal and state laws have sought to eliminate the pay gap, but Rhode Island's amended law distinguishes itself by significantly expanding the classes of individuals it protects and imposing new responsibilities on employers. Prior to these amendments, the Rhode Island Equal Pay Law primarily prohibited wage discrimination based on sex for equal work. The 2021 amendments, however, introduced a more robust framework that prohibits employers from paying any employee a wage less than that paid to employees of another race, color, religion, sex, sexual orientation, gender identity or expression, disability, age (40 or over), or country of ancestral origin for comparable work. This expansion reflects a growing national trend towards more inclusive pay equity legislation, recognizing that wage discrimination is multifaceted and affects various demographic groups, often intersecting to create compounded disadvantages for certain individuals. The legislative intent was to create a more equitable labor market where an individual's pay is based on their skills, effort, and responsibility, rather than on arbitrary or discriminatory factors.

Key innovations of this law include a ban on inquiring about or relying on an applicant's wage history, mandatory disclosure of wage ranges to applicants and employees, and the introduction of an affirmative defense for employers who conduct proactive, good-faith self-evaluations of their pay practices. These provisions are designed to foster greater transparency in compensation, empower employees with more information during wage negotiations, and encourage employers to identify and rectify potential pay disparities before they lead to legal challenges. The law's emphasis on "comparable work" rather than "equal work" is particularly noteworthy, as it allows for a broader comparison of jobs that may not be identical but require similar skill, effort, and responsibility, thus addressing more subtle forms of discrimination that might otherwise go unaddressed. The Rhode Island Department of Labor and Training (DLT) is tasked with enforcing these provisions, including investigating violations, imposing penalties, and providing guidance to both employers and employees on compliance. This comprehensive approach aims to systematically dismantle barriers to pay equity and ensure fair treatment for all workers.

Definitions

The Rhode Island General Laws, Chapter 28-6, provides specific definitions crucial for understanding the scope and application of its pay equity provisions. Central to the law is the definition of "comparable work," which means "work that requires substantially similar skill, effort, and responsibility, and is performed under similar working conditions." The statute clarifies that determining whether jobs are comparable necessitates an analysis of the jobs as a whole, and minor differences in skill, effort, or responsibility will not prevent two jobs from being considered comparable. This definition is a significant departure from the narrower "equal work" standard found in many older equal pay laws, such as the federal Equal Pay Act, allowing for a more expansive comparison of roles and responsibilities across an organization. It acknowledges that jobs with different titles or departmental assignments can still hold equivalent value and should be compensated similarly if the core requirements are substantially alike. This broader interpretation is key to addressing systemic pay disparities that often arise from job segregation or undervaluation of roles predominantly held by protected groups.

The term "wage" is broadly defined to encompass "all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, commission basis, or other method of calculating the amount, and includes benefits." This inclusive definition ensures that all forms of compensation, including non-cash benefits like health insurance, retirement contributions, and paid time off, are considered when assessing potential discrimination. However, the law explicitly states that an employer is not liable for disparities in total gratuities (tips) or overtime pay as defined in other sections of the General Laws, or for commissions if the disparity is due to a factor over which the employer does not have control. This comprehensive definition of wage ensures that all forms of compensation, including non-cash benefits, are considered when assessing potential discrimination, while also providing reasonable exclusions for elements outside an employer's direct control, such as fluctuations in customer tips.

Other key definitions include "age," which refers to anyone who is at least forty (40) years of age, aligning with federal age discrimination protections under the Age Discrimination in Employment Act (ADEA). "Wage history" is defined as "the wages paid to an applicant for employment by the applicant's current employer and/or previous employer or employers," a definition critical for the law's prohibition on inquiring about or relying on past salary information. The "Director" refers to the Director of Labor and Training, the head of the state agency responsible for the law's enforcement. The terms "employee" and "employer" are defined by reference to § 28-14-1 of the General Laws, generally covering any person or entity employing individuals under a contract of hire, with the majority of work performed within the state. This broad scope ensures that most employment relationships fall under the statute's purview. The concept of "occurrence of discriminatory practice" is also defined, clarifying that a discriminatory compensation decision or practice occurs whenever it is adopted, an individual becomes subject to it, or an individual is affected by its application, which is important for determining the statute of limitations for claims.

Covered Employers

The Rhode Island General Laws, Chapter 28-6, applies broadly to all employers within the state, regardless of their size. The legislative intent behind the 2021 amendments was to place significant new burdens on "both large and small businesses" to ensure widespread compliance and address wage discrimination across the entire employment landscape. This universal applicability means that even small businesses with a limited number of employees are subject to the law's provisions, including the prohibition on wage discrimination, the ban on wage history inquiries, and the requirements for pay transparency. Unlike some other employment laws that include thresholds for employer size, such as certain federal anti-discrimination statutes, Chapter 28-6 aims for comprehensive coverage, reflecting the state's commitment to eradicating pay disparities in all workplaces, from sole proprietorships to large corporations. This inclusive approach ensures that no segment of the workforce is left unprotected by the law's provisions.

The law defines "employer" by reference to § 28-14-1 of the Rhode Island General Laws, which generally includes any person or entity employing individuals under a contract of hire, whether expressed or implied, written or oral. This broad definition ensures that various organizational structures and employment relationships fall under the purview of the statute. There are no explicit exemptions for specific sectors or industries mentioned within the provided legislative summaries, indicating that the law's protections and obligations extend across the private, public, and non-profit sectors. This comprehensive approach is designed to create a level playing field for all workers and prevent employers from circumventing the law based on their organizational characteristics, ensuring that the principles of pay equity are applied consistently across the state's economy.

While the law applies to all employers, the Rhode Island Department of Labor and Training (DLT) acknowledges that the definition of "due diligence" for self-evaluations, which can serve as an affirmative defense, may differ based on an employer's size and operational complexity. For instance, a small business with a handful of employees and limited job categories might satisfy the due diligence requirement with a simpler, less resource-intensive analysis compared to a large, multi-departmental corporation. This suggests a practical recognition that compliance efforts may vary for a small business with few job categories compared to a larger, more complex organization. However, this flexibility in the method of compliance does not diminish the universal obligation to comply with the core anti-discrimination, wage history, and pay transparency requirements. All employers are expected to understand and implement the provisions of Chapter 28-6 to ensure fair compensation practices for their entire workforce, regardless of their scale.

Employee Rights

Under Rhode Island General Laws, Chapter 28-6, employees are granted several crucial rights designed to promote pay equity and transparency. Foremost among these is the right to receive a wage rate that is not less than the rate paid to employees of another protected characteristic for comparable work. This protection extends to race, color, religion, sex, sexual orientation, gender identity or expression, disability, age (40 or over), and country of ancestral origin. Employees have the right to challenge wage differentials that cannot be justified by specific, bona fide factors such as seniority, merit, quantity/quality of production, geographic location (with limitations), reasonable shift differentials, job-related education/training/experience, or work-related travel. The law explicitly states that an employee's agreement to work for less than the entitled wage is not a valid defense for an employer, reinforcing that these are fundamental, non-waivable rights. This ensures that employees cannot be coerced into accepting discriminatory pay.

A significant right afforded to employees is the ability to inquire about, discuss, or disclose their own wages or the wages of other employees without fear of retaliation. Employers are expressly prohibited from enacting policies that forbid such discussions or from requiring employees to sign waivers that deny these rights. This provision is critical for fostering a culture of transparency, as it empowers employees to gather information that may be necessary to identify and challenge potential pay disparities. For example, an employee can openly discuss their salary with a colleague to determine if a pay gap exists for comparable work. Furthermore, employees have the right to aid or encourage other employees in exercising these rights, reinforcing collective action in promoting pay equity. This protection against retaliation extends to applicants and employees who oppose unlawful practices, file complaints with the employer or the Director of Labor and Training, institute investigations, testify, or assist in any related proceedings, ensuring that individuals can pursue their rights without adverse consequences to their employment.

In addition to these protections, employees and job applicants have specific rights related to wage range disclosure and wage history. Applicants have the right to request and receive the wage range for a position prior to discussing compensation, allowing them to enter negotiations with full knowledge of the potential salary. Employees are entitled to receive the wage range for their position at the time of hire, when moving into a new position, and upon request during the course of their employment. This transparency ensures that individuals have access to critical information to make informed decisions and negotiate fair compensation, reducing the historical information asymmetry that often disadvantages job seekers and current employees. The law also protects employees and applicants by prohibiting employers from inquiring about or relying on their wage history when making employment or wage decisions, with a narrow exception for voluntarily provided wage history used to support a higher wage offer. These rights collectively aim to empower individuals and dismantle barriers to equitable pay, fostering a more just and transparent workplace environment.

Pay Transparency Requirements

Rhode Island's Chapter 28-6 significantly enhances pay transparency by imposing clear requirements on employers regarding wage range disclosures. Effective January 1, 2023, employers are mandated to provide wage range information under several specific circumstances. For job applicants, the law requires that an employer provide the wage range for the position the applicant is applying for, upon the applicant's request, and crucially, prior to any discussion of compensation. This provision ensures that applicants are equipped with essential salary information early in the hiring process, enabling more informed decision-making and negotiation. This proactive disclosure mechanism helps to prevent applicants from being offered wages based on their previous salary history, which has historically perpetuated pay gaps, and instead focuses on the value of the position itself.

Beyond the hiring stage, the law extends pay transparency to current employees. Employers must provide an employee with the wage range for their specific position at the time of hire. This ensures that new hires are immediately aware of the compensation structure for their role, setting clear expectations from the outset. Furthermore, if an employee moves into a new position within the company, whether through promotion, transfer, or reassignment, the employer is obligated to provide the wage range for that new role. This ensures continuity of transparency as an employee's career progresses within the organization. During the course of employment, at an employee's request, the employer must also provide the wage range for the employee's current position. These ongoing disclosure requirements aim to maintain transparency throughout an employee's tenure, allowing them to understand their earning potential and identify potential disparities, thereby fostering a more open and equitable compensation environment.

The intent behind these pay transparency measures is to address and mitigate wage discrimination by shedding light on compensation practices. By making wage ranges accessible, the law seeks to reduce information asymmetry between employers and employees, which historically has contributed to pay gaps. While the law does not explicitly mandate the proactive publication of wage ranges in all job postings, the requirement to provide this information upon request at various stages of employment and application effectively pushes employers towards greater openness. This increased transparency is expected to encourage employers to review and justify their pay structures, ultimately fostering more equitable compensation practices across the state and empowering employees to advocate for fair wages based on objective criteria rather than historical biases.

Reporting & Audit Obligations

Rhode Island General Laws, Chapter 28-6, does not impose mandatory, regular reporting or audit obligations on all employers in the traditional sense of requiring submission of pay data to a state agency. Instead, the law introduces a significant provision for employers to undertake voluntary self-evaluations, which can serve as an affirmative defense against claims of wage discrimination. This "safe harbor" provision encourages proactive compliance by allowing employers to review their pay practices and rectify any unlawful wage differences. To qualify for this affirmative defense, the self-evaluation must be performed with due diligence and be reasonable in scope and detail, tailored to the employer's individual circumstances. The Rhode Island Department of Labor and Training (DLT) provides guidance and a self-evaluation form to assist employers in this process, emphasizing that the rigor of the evaluation should be commensurate with the employer's size and complexity.

The self-evaluation process, as outlined by the DLT, involves several key steps designed to facilitate a thorough and effective internal audit. Employers are advised to gather relevant information, including comprehensive data for each current and former employee such as name/ID, protected characteristics, primary work location, work type (e.g., full-time, part-time), exempt/non-exempt status, hire dates, job title, job code/grade/band, date in most recent job code/grade/band, division/department, job function, supervisory functions, performance ratings, and highest level of education. This detailed data collection is crucial for a robust analysis of pay practices. Following data collection, employers should identify comparable work groups based on skill, effort, and responsibility, assess whether differences in pay for comparable work are justified by the permissible bona fide factors outlined in the law, and take prompt corrective action to eliminate any unlawful wage differentials. The DLT emphasizes that the nature of the analysis will vary significantly based on the employer's size, makeup, and resources, allowing for flexibility while maintaining the integrity of the evaluation.

The safe harbor provision, valid through June 30, 2026, offers a powerful incentive for employers to conduct these internal audits. If an employer can demonstrate that they have, in good faith, conducted a self-evaluation within two years prior to a lawsuit being filed and have made reasonable efforts to eliminate any unlawful wage differentials, they may be protected from certain liabilities, specifically monetary damages, for the period covered by the evaluation. While not a mandatory reporting requirement, the self-evaluation mechanism serves as a critical tool for risk management and demonstrates an employer's commitment to pay equity. The DLT's guidance also suggests that a statistical analysis demonstrating no unlawful pay differentials may be sufficient to trigger the affirmative defenses, though it does not bar claims by individual employees who can establish personal discrimination. Employers are strongly encouraged to consult legal counsel to ensure their self-evaluation is appropriate and sufficient for their organization and to properly document their process and findings.

Governance & Enforcement Bodies

The primary governmental body responsible for the governance and enforcement of Rhode Island General Laws, Chapter 28-6, is the Rhode Island Department of Labor and Training (DLT). The DLT, headed by the Director of Labor and Training, is empowered to investigate employers for potential violations of the Pay Equity Act. This includes examining complaints filed by employees or applicants, as well as initiating its own investigations based on credible information. The DLT's role is central to ensuring that the law's provisions, such as the prohibition on wage discrimination based on protected characteristics, the ban on wage history inquiries, and pay transparency requirements, are effectively implemented and adhered to by employers across the state. The department also plays a crucial role in educating both employers and employees about their rights and obligations under the Act.

Employees, job applicants, or former employees who believe they have been subjected to unlawful pay practices have the right to seek relief through the DLT or by instituting an action in court. The DLT provides various avenues for individuals to file complaints, primarily through its Labor Standards division. This division is equipped to receive, investigate, and mediate complaints related to wage discrimination. The contact information for the Labor Standards division is (401) 462-8550, and they can be reached via email at [email protected]. The DLT's official website also offers comprehensive resources, including detailed guidance on the Pay Equity Act, frequently asked questions, and a self-evaluation form for employers, demonstrating its commitment to both robust enforcement and providing accessible tools for compliance and understanding of the law.

The DLT's enforcement powers include the ability to investigate, make findings, and impose penalties for violations, as further detailed in the Enforcement & Penalties section. The agency plays a critical role in monitoring compliance, educating employers and employees about their rights and obligations, and ultimately working towards the elimination of wage discrimination. While the law allows for direct legal action, the DLT serves as an accessible administrative channel for addressing complaints, providing an important mechanism for dispute resolution and ensuring that the principles of pay equity are upheld throughout Rhode Island's workforce. The agency's comprehensive approach includes providing public information, such as required workplace posters, to ensure widespread awareness of the law's provisions and to empower individuals to report potential violations.

Monitoring & Evaluation

The monitoring and evaluation of compliance with Rhode Island General Laws, Chapter 28-6, primarily falls under the purview of the Rhode Island Department of Labor and Training (DLT). The DLT is authorized to investigate employers to enforce the provisions of the Pay Equity Act. This investigative authority allows the Department to proactively monitor adherence to the law's requirements, including the prohibition against wage discrimination based on protected characteristics, the ban on wage history inquiries, and the mandates for pay transparency. Investigations can be triggered by formal complaints filed by employees or applicants, or they may be initiated by the DLT itself as part of its broader enforcement responsibilities, particularly if patterns of non-compliance or systemic issues are identified. The DLT's role extends to ensuring that employers are not only aware of the law but are actively implementing its provisions.

When a complaint is filed, the DLT's Labor Standards division is responsible for investigating the allegations thoroughly. The investigation process typically involves gathering evidence, reviewing employer records related to compensation, job descriptions, and employment practices, and interviewing relevant parties to determine whether a discriminatory compensation decision or practice has occurred. The law defines an "occurrence of discriminatory practice" broadly, encompassing the adoption of such a practice, an individual becoming subject to it, or an individual being affected by its application. This broad definition allows the DLT to address various manifestations of wage discrimination, from initial hiring decisions to ongoing pay disparities. The DLT also provides guidance to employers on conducting self-evaluations, which, while voluntary, are subject to scrutiny if presented as an affirmative defense, implying a level of oversight on the methodologies and outcomes of such internal audits to ensure their good faith and reasonableness.

While there are no explicit provisions for mandatory, regular government-led audits of all employers, the DLT's role in investigating complaints and providing guidance for self-evaluations serves as a continuous monitoring mechanism. The effectiveness of the law is also implicitly evaluated through the volume and nature of complaints received, the outcomes of investigations, and the overall impact on wage disparities across the state. The DLT's commitment to providing resources, such as self-evaluation guidance and forms, indicates an ongoing effort to educate and encourage compliance, thereby indirectly monitoring the state of pay equity across Rhode Island. The grace period for civil penalties until December 31, 2024, and the safe harbor provision for self-evaluations until June 30, 2026, also suggest a phased approach to enforcement, allowing time for employers to adapt and for the DLT to refine its monitoring and evaluation strategies, with a view to full and robust enforcement in the long term.

Enforcement & Penalties

The Rhode Island General Laws, Chapter 28-6, establishes a clear framework for enforcement and outlines specific penalties for employers found in violation of its provisions. The Rhode Island Department of Labor and Training (DLT) is the primary agency responsible for investigating and enforcing the Pay Equity Act. If the DLT finds that an employer has committed a pay equity violation, the employer can face a series of escalating civil fines. For a first violation, the fine can be no more than $1,000. If there has been one violation within a five-year period, the fine increases to no more than $2,500. For employers with two violations within a seven-year period, the fine can be no more than $5,000. These escalating penalties are designed to deter repeat offenses and encourage consistent compliance, emphasizing the state's serious commitment to eradicating wage discrimination.

In addition to monetary fines, the DLT may order other forms of relief as deemed necessary to remedy the violation. This could include requiring the employer to pay back wages, unpaid wages, and damages to affected employees, ensuring that victims of discrimination are made whole. The law also explicitly states that an employer who discriminates in violation of this section shall not reduce the wage rate of any employee in order to comply with the provisions, ensuring that compliance is achieved by raising lower wages, not by cutting higher ones. This crucial provision prevents employers from leveling down pay, which would undermine the very purpose of pay equity legislation. Furthermore, employers are strictly prohibited from discharging or retaliating against any applicant or employee for exercising their rights under the chapter, such as opposing an unlawful practice, filing a complaint, or participating in an investigation. Such retaliation can lead to additional enforcement actions and penalties, including reinstatement and compensation for lost wages and benefits.

A notable aspect of the enforcement mechanism is the provision of a grace period for civil penalties. Until December 31, 2024, civil penalties will not be imposed for violations, allowing employers a period to adjust their practices and come into compliance without immediate financial penalties. This grace period is complemented by a safe harbor provision, valid through June 30, 2026, which protects employers from certain liabilities in lawsuits if they conduct a good-faith self-evaluation of their pay practices and rectify any unfair wage differences within two years before a lawsuit is filed. This encourages proactive self-correction and internal audits. While the law outlines administrative penalties, it also allows aggrieved individuals to seek relief directly in court, providing an alternative avenue for enforcement and redress, including the potential for injunctive relief and attorney's fees. The law also imposes a separate fine of not less than $100 nor more than $500 for employers who fail to post the required notice about the chapter's provisions in a conspicuous place on their premises, highlighting the importance of informing employees of their rights.

Relationship to Other Laws

The Rhode Island General Laws, Chapter 28-6, operates within a broader legal landscape, interacting with both federal and other state employment laws. It complements and significantly expands upon federal statutes such as the Equal Pay Act of 1963 (EPA) and Title VII of the Civil Rights Act of 1964. While the federal EPA primarily prohibits sex-based wage discrimination for "equal work," Rhode Island's law significantly broadens this by prohibiting discrimination based on a wider array of protected characteristics (race, color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin) and by adopting a more expansive "comparable work" standard. This means that jobs do not need to be identical to be compared, only substantially similar in skill, effort, and responsibility, offering greater protection than federal law alone, which often requires a higher bar for proving "equal work." This broader standard allows for addressing more subtle forms of discrimination that might not be captured by the narrower federal definition.

The Rhode Island law also interacts with other state statutes, such as the Rhode Island Fair Employment Practices Act (Chapter 28-5), which prohibits discrimination in employment generally. Chapter 28-6 specifically addresses wage discrimination, providing detailed provisions on pay equity, wage history, and pay transparency that may not be as explicitly covered or as robustly enforced under the broader anti-discrimination statutes. In cases of potential conflict, the more protective or specific provisions of Chapter 28-6 would generally take precedence regarding wage discrimination matters, in line with the principle that employees should benefit from the most favorable applicable law. The law also explicitly states that nothing in its provisions shall be construed to limit the rights of an employee provided by any other provision of law or collective bargaining agreement, indicating an intent to supplement, rather than diminish, existing worker protections and ensuring that collective bargaining agreements can offer even stronger safeguards.

Furthermore, the law's provisions on wage history bans and pay transparency align with a growing trend seen in other states and municipalities across the United States, such as Massachusetts, California, and New York City, which have enacted similar legislation to address persistent pay gaps. The Rhode Island law's allowance for wage differentials based on bona fide factors (e.g., seniority, merit, quantity or quality of production, geographic location, reasonable shift differentials, job-related education/training/experience, or work-related travel) is consistent with exceptions found in federal and other state equal pay laws. However, these factors must be job-related, consistent with business necessity, and not a pretext for discrimination, placing the burden on the employer to demonstrate their legitimacy. The self-evaluation and affirmative defense provisions also reflect a modern approach to compliance, encouraging internal audits as a means of proactive risk management, a concept that can be found in various compliance frameworks across different legal domains, demonstrating a sophisticated integration into the broader legal and regulatory environment.

International Context

The Rhode Island General Laws, Chapter 28-6, aligns with fundamental principles of pay equity and non-discrimination championed by international labor standards, particularly those established by the International Labour Organization (ILO). Two key ILO conventions are highly relevant: the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). ILO Convention No. 100 advocates for the principle of "equal remuneration for men and women workers for work of equal value." It defines remuneration broadly to include basic wages, salaries, and any additional emoluments, whether in cash or in kind. The Convention encourages member states to apply this principle through national laws, wage determination machinery, collective agreements, or a combination thereof, and to promote objective job appraisal as a means of assessing work value without gender bias.

Rhode Island's Chapter 28-6 significantly expands upon the scope of ILO Convention No. 100 by extending pay equity protections beyond sex to a broader range of protected characteristics, including race, color, religion, sexual orientation, gender identity or expression, disability, age, and country of ancestral origin. This comprehensive approach reflects a more modern understanding of intersectional discrimination, where multiple protected characteristics can lead to compounded wage disparities. Furthermore, the shift from "equal work" to "comparable work" in the Rhode Island statute is a progressive step that aligns more closely with the spirit of "work of equal value" as articulated in ILO Convention No. 100, which recognizes that jobs do not need to be identical to warrant equal pay. This broader approach helps to address more subtle forms of systemic discrimination that might not be captured by a strict "equal work" standard, moving closer to the international ideal of valuing work based on its intrinsic worth rather than the characteristics of the worker.

ILO Convention No. 111, the Discrimination (Employment and Occupation) Convention, aims to eliminate discrimination in employment and occupation based on race, color, sex, religion, political opinion, national extraction, or social origin. It calls upon member states to declare and pursue a national policy designed to promote equality of opportunity and treatment. The Rhode Island law's comprehensive list of protected characteristics directly supports the objectives of Convention No. 111, demonstrating a commitment to a national policy of non-discrimination in employment. The provisions in Chapter 28-6, such as the ban on wage history inquiries and the requirements for pay transparency, contribute to creating a more equitable labor market by removing barriers that perpetuate historical biases and by empowering workers with information. These measures reflect global trends towards greater fairness and transparency in compensation practices, acknowledging that robust legal frameworks are essential for achieving economic justice and fostering inclusive workplaces in line with international human rights and labor standards.

Implementation Timeline

DateMilestoneStatus
2021-07-06Governor McKee signed the Rhode Island Equity Act into law (H 5261A, S 0270A), amending Chapter 28-6.Adopted
2023-01-01Most provisions of the amended Rhode Island General Laws, Chapter 28-6, became effective.In Force
2024-12-31Grace period for civil penalties ends.Awaiting Entry
2026-06-30Safe harbor provision for employer self-evaluations expires.In Force

Compliance Checklist

RequirementAction RequiredDeadline
Prohibit Wage DiscriminationEnsure no employee is paid less than another for comparable work based on protected characteristics (race, color, religion, sex, sexual orientation, gender identity or expression, disability, age (40+), or country of ancestral origin).Ongoing (Effective Jan 1, 2023)
Justify Wage DifferentialsEnsure any wage differentials for comparable work are based on bona fide factors (seniority, merit, quantity/quality of production, geographic location, shift, job-related education/training/experience, work-related travel, or other job-related business necessity).Ongoing (Effective Jan 1, 2023)
Ban Wage History InquiriesDo not inquire about or rely on an applicant's wage history for employment or wage decisions, unless voluntarily provided by the applicant to support a higher wage offer.Ongoing (Effective Jan 1, 2023)
Provide Wage Range to ApplicantsProvide the wage range for a position to applicants upon request, prior to discussing compensation.Ongoing (Effective Jan 1, 2023)
Provide Wage Range at HireProvide the wage range for the position to employees at the time of hire.Ongoing (Effective Jan 1, 2023)
Provide Wage Range for New PositionProvide the wage range for the new position when an employee moves into it.Ongoing (Effective Jan 1, 2023)
Provide Wage Range Upon Employee RequestProvide the wage range for the employee's current position upon their request during employment.Ongoing (Effective Jan 1, 2023)
Allow Wage DiscussionsDo not prohibit employees from inquiring about, discussing, or disclosing their own wages or the wages of other employees; do not require employees to sign waivers denying these rights.Ongoing (Effective Jan 1, 2023)
Prohibit RetaliationDo not discharge, discriminate, or retaliate against any applicant or employee for exercising their rights under the law, including filing complaints or participating in investigations.Ongoing (Effective Jan 1, 2023)
Post Required NoticePost a notice prepared or approved by the Rhode Island Department of Labor and Training (DLT), setting forth excerpts of Chapter 28-6, in a conspicuous place on the premises.Ongoing (Effective Jan 1, 2023)
Consider Self-Evaluation (Affirmative Defense)Voluntarily conduct a due diligence self-evaluation of pay practices and make reasonable efforts to rectify any unlawful wage differentials to qualify for the safe harbor provision against certain liabilities.By June 30, 2026 (for safe harbor protection)

Sources and References

SourceType
Rhode Island General Laws, Title 28, Chapter 28-6official
Rhode Island Department of Labor & Training: Pay Equity Actgovernment
Rhode Island Department of Labor & Training: Contact Usgovernment
ILO Convention No. 100: Equal Remuneration Convention, 1951legal
ILO Convention No. 111: Discrimination (Employment and Occupation) Convention, 1958legal

© RewardsET.com / Smitteck GmbH — created on 22-Jan-2026 using Gemini 2.5 Flash

Rhode Island Wage Discrimination Act - United States | RewardSet | RewardsET