In a March 22, 2018, memorandum and order, Judge John McConnell of the U.S. District Court for the District of Rhode Island granted summary judgment (i.e., dismissal without a trial) to Fidelity Investments on a female executive’s breach of contract and retaliation/discrimination claims associated with a temporary assignment, but her claims associated with a promotion she had been promised survived for trial.
Since 2009, “Erin L.” has been employed by the Rhode Island Department of Labor and Training (DLT), where she serves as a senior employment and training interviewer at the “call center,” assisting people seeking unemployment benefits. She is a black woman with a bachelor’s degree in political science and master’s degrees in public administration and library and information science. Despite her years of service and strong educational background, she claimed that she was stymied from achieving a promotion because of two seemingly neutral practices that have a racially discriminatory impact.
The U.S. 1st Circuit Court of Appeals (whose rulings apply to all Rhode Island employers) recently upheld a six-figure jury award for a firefighter’s “sex-plus” discrimination claim, ruling that federal antidiscrimination law extends protections to gay and lesbian workers in cases where they claim discrimination based on both their gender and sexual orientation.
The ruling, Franchina v. City of Providence, contributes to a widening division among federal courts about whether Title VII of the Civil Rights Act of 1964—which prohibits employment discrimination based on race, color, religion, sex, and national origin—covers discrimination based on sexual orientation and gender identity.
The Massachusetts Equal Pay Act (MEPA) is a “no-ask” law that will become effective on July 1, 2018. California, Delaware, New York City, Oregon, Puerto Rico, and San Francisco also recently enacted no-ask laws. Rhode Island employers may need to change their hiring practices—including job applications, interviews, background checks, and the process of making initial compensation offers—in order to comply with these new state and local laws.
Djamel Ouadani worked as a delivery driver for a vendor of Dynamex, a delivery company. Although he was paid by the vendor, he wore Dynamex clothing while working, and Dynamex controlled his hours, rate of pay, and other working conditions such as delivery times.
A federal court in Rhode Island recently rejected a sergeant’s claim that the Providence Police Department’s (PPD) failure to promote him to lieutenant was illegally based on disability discrimination. The court found the employment decision was based in part on the chief of police’s conclusion that the sergeant was undeserving of the promotion and wasn’t well liked by his colleagues, which were legitimate reasons not to promote him.