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H 7768Labor Relations

Labor and Labor Relations - Fair Employment Practices

This bill bans employers from forcing workers to sign agreements that hide civil rights violations or illegal workplace conduct.

Held for study
Population
Affected
35
Introduced Feb 12, 2026Committee House Labor

Plain-English Summary

This legislation amends Rhode Island's Fair Employment Practices laws. Its primary purpose is to prohibit employers from requiring employees, as a condition of employment, to sign nondisclosure agreements (NDAs) or non-disparagement agreements that keep alleged violations of civil rights or unlawful conduct confidential. Any contract clause attempting to do so is declared void. Furthermore, the bill explicitly clarifies that individuals, including specific employees within an organization, can be held personally liable for committing or aiding in unlawful employment practices, such as discrimination or harassment.

For younger readers

Sometimes, bosses make rules that say workers promise not to tell anyone if something bad happens at work, like if someone is treated unfairly because of who they are. This bill says bosses are not allowed to make workers promise to keep those secrets anymore. If a boss breaks the rules and treats someone badly, the worker is allowed to talk about it. The bill also says that if a specific person at work helps break the rules, that person can get in trouble, not just the whole company.

Who & Where It Applies

Impacted groups
EmployersEmployeesHuman Resources ProfessionalsLabor OrganizationsVictims of Discrimination
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Empowers victims of workplace harassment and discrimination to speak out by banning coercive nondisclosure agreements (NDAs) that protect abusers.
  • Increases accountability for systemic abuse by establishing that individual perpetrators and enablers can be held personally liable, rather than just the corporate entity.
  • Prevents corporations from using their power to silence workers regarding civil rights violations, thereby promoting transparency and safer workplace cultures.
  • May inadvertently discourage some employers from settling disputes quickly if they cannot secure confidentiality, potentially prolonging legal battles for victims.
  • The focus on "condition of employment" might leave loopholes for agreements signed during severance or settlement negotiations rather than at the hiring stage.
  • Does not include specific funding for legal aid to help low-income workers challenge these void contracts in court.
For Conservatives
  • Upholds the rule of law by ensuring that illegal conduct and civil rights violations cannot be contractually hidden from public view or law enforcement.
  • Protects the individual free speech rights of employees against corporate overreach and coerced silence.
  • Clarifies liability structures, ensuring that specific bad actors are held responsible for their actions rather than shielding them behind a corporate veil.
  • Restricts the freedom of contract between private employers and employees by dictating what terms cannot be included in employment agreements.
  • Increases the legal risk and potential liability for individual managers and business owners, which could discourage people from taking leadership roles.
  • Could lead to an increase in public litigation and reputational damage for businesses that might otherwise be resolved privately.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 5 additions

SECTION 1. Section 28-5-7 of the General Laws in Chapter 28-5 entitled "Fair Employment Practices" is hereby amended to read as follows: 28-5-7. Unlawful employment practices. It shall be an unlawful employment practice:

(1) For any employer:

(i) To refuse to hire any applicant for employment because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(ii) Because of those reasons, to discharge an employee or discriminate against him or her with respect to hire, tenure, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to employment. However, if an insurer or employer extends insurance-related benefits to persons other than or in addition to the named employee, nothing in this subdivision shall require those benefits to be offered to unmarried partners of named employees;

(iii) In the recruiting of individuals for employment or in hiring them, to utilize any employment agency, placement service, training school or center, labor organization, or any other employee referring source that the employer knows, or has reasonable cause to know, discriminates against individuals because of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(iv) To refuse to reasonably accommodate an employee’s or prospective employee’s disability unless the employer can demonstrate that the accommodation would pose a hardship on the employer’s program, enterprise, or business;

(v) When an employee has presented to the employer an internal complaint alleging harassment in the workplace on the basis of race or color, religion, sex, disability, age, sexual orientation, gender identity or expression, or country of ancestral origin, to refuse to disclose in a timely manner in writing to that employee the disposition of the complaint, including a description of any action taken in resolution of the complaint; provided, however, no other personnel information shall be disclosed to the complainant; or

(vi) To require an employee as a condition of employment, to execute a nondisclosure agreement that requires alleged violations of civil rights remain confidential, or a non- disparagement agreement concerning alleged violations of civil rights or alleged unlawful conduct, or any agreement with a clause that requires alleged violations of civil rights remain confidential. Any contract provision in violation of this subsection shall be void as a violation of public policy; (2)(i) For any employment agency to fail or refuse to properly classify or refer for employment or otherwise discriminate against any individual because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; or

(ii) For any employment agency, placement service, training school or center, labor organization, or any other employee referring source to comply with an employer’s request for the referral of job applicants if the request indicates, either directly or indirectly, that the employer will not afford full and equal employment opportunities to individuals regardless of their race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(3) For any labor organization:

(i) To deny full and equal membership rights to any applicant for membership because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(ii) Because of those reasons, to deny a member full and equal membership rights, expel him or her from membership, or otherwise discriminate in any manner against him or her with respect to his or her hire, tenure, compensation, terms, conditions or privileges of employment, or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or bylaws of the labor organization or by a collective labor agreement or other contract;

(iii) To fail or refuse to classify properly or refer for employment, or otherwise to discriminate against any member because of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; or

(iv) To refuse to reasonably accommodate a member’s or prospective member’s disability unless the labor organization can demonstrate that the accommodation would pose a hardship on the labor organization’s program, enterprise, or business;

(4) Except where based on a bona fide occupational qualification certified by the commission or where necessary to comply with any federal mandated affirmative action programs, for any employer or employment agency, labor organization, placement service, training school or center, or any other employee referring source, prior to employment or admission to membership of any individual, to:

(i) Elicit, or attempt to elicit, any information directly or indirectly pertaining to his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(ii) Make or keep a record of his or her race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(iii) Use any form of application for employment, or personnel or membership blank containing questions or entries directly or indirectly pertaining to race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin;

(iv) Print or publish, or cause to be printed or published, any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination based upon race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin; or

(v) Establish, announce, or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race or color, religion, sex, sexual orientation, gender identity or expression, disability, age, or country of ancestral origin of that group;

(5) For any employer or employment agency, labor organization, placement service, training school or center, or any other employee referring source to discriminate in any manner against any individual because he or she has opposed any practice forbidden by this chapter, or because he or she has made a charge, testified, or assisted in any manner in any investigation, proceeding, or hearing under this chapter;

(6) For any person, whether or not an employer, employment agency, labor organization, or employee, to directly or indirectly commit any act declared by this section to be an unlawful employment practice, or to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful employment practice, or to obstruct or prevent any person from complying with the provisions of this chapter or any order issued pursuant to this chapter, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful employment practice, it being the legislative intent that individuals may be held personally liable for such conduct including, but not limited to, individual employees of employers;

(7) For any employer to include on any application for employment, except applications for law enforcement agency positions or positions related to law enforcement agencies, a question inquiring or to otherwise inquire either orally or in writing whether the applicant has ever been arrested, charged with or convicted of any crime; provided, that:

(i) If a federal or state law or regulation creates a mandatory or presumptive disqualification from employment based on a person’s conviction of one or more specified criminal offenses, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; or

(ii) If a standard fidelity bond or an equivalent bond is required for the position for which the applicant is seeking employment and his or her conviction of one or more specified criminal offenses would disqualify the applicant from obtaining such a bond, an employer may include a question or otherwise inquire whether the applicant has ever been convicted of any of those offenses; and

(iii) Notwithstanding, any employer may ask an applicant for information about his or her criminal convictions at the first interview or thereafter, in accordance with all applicable state and federal laws; (8)(i) For any person who or that, on June 7, 1988, is providing either by direct payment or by making contributions to a fringe benefit fund or insurance program, benefits in violation with §§ 28-5-6, 28-5-7 and 28-5-38, until the expiration of a period of one year from June 7, 1988, or if there is an applicable collective bargaining agreement in effect on June 7, 1988, until the termination of that agreement, in order to come into compliance with §§ 28-5-6, 28-5-7 and 28-5- 38, to reduce the benefits or the compensation provided any employee on June 7, 1988, either directly or by failing to provide sufficient contributions to a fringe benefit fund or insurance program.

(ii) Where the costs of these benefits on June 7, 1988, are apportioned between employers and employees, the payments or contributions required to comply with §§ 28-5-6, 28-5-7 and 28- 5-38 may be made by employers and employees in the same proportion.

(iii) Nothing in this section shall prevent the readjustment of benefits or compensation for reasons unrelated to compliance with §§ 28-5-6, 28-5-7 and 28-5-38.

SECTION 2. This act shall take effect upon passage.