Bill Sponsors
Felix, Tanzi, Cruz, Stewart, Alzate, Diaz, Morales, and J. Lombardi
Committee
House Labor
Summary
Select
This bill changes the definition of an "employee" within Rhode Island's Fair Employment Practices law. It removes the previous exception that excluded individuals working in domestic service, such as housekeepers, nannies, and in-home caregivers. By removing this exception, domestic workers are now legally classified as employees under this specific law, granting them the same legal protections against workplace discrimination as other employees in the state.
Sponsor
Analysis
Pros for Progressives
- Expands essential anti-discrimination protections to domestic workers, a historically marginalized group that has long been excluded from basic labor rights.
- Disproportionately benefits women and people of color, who make up the vast majority of the domestic service workforce, thereby advancing social and racial justice.
- Closes a systemic loophole in employment law, ensuring that those working in private homes are afforded the same dignity, respect, and legal recourse against workplace abuse as traditional workers.
Cons for Progressives
- The law maintains a four-employee minimum for a workplace to be considered an "employer," meaning many domestic workers who are the sole employee in a household will still lack these protections.
- The bill does not affirmatively add new enforcement mechanisms or dedicated funding to help domestic workers navigate the often costly and difficult process of pursuing discrimination claims.
- It only addresses discrimination and fails to expand other vital labor protections for domestic workers, such as guaranteed paid time off, overtime pay, or collective bargaining rights.
Pros for Conservatives
- Standardizes the definition of an employee across different sectors, streamlining the legal framework for employment without creating entirely new, complex categories of regulation.
- Ensures that employment contracts and agreements with domestic workers are subject to the same established legal precedents as other businesses, creating more predictable legal outcomes.
- Fosters a fairer free-market environment by requiring individuals who hire domestic help to adhere to the same basic employment standards as small businesses, leveling the playing field.
Cons for Conservatives
- Expands government regulation into the private sphere of the family home, limiting the personal freedom of individuals to manage their own household affairs.
- Increases the risk of frivolous lawsuits and legal liability for private citizens who hire domestic help, potentially burdening families with heavy legal costs.
- Places the same regulatory and compliance burdens on private households as it does on traditional commercial businesses, which could discourage families from hiring domestic workers.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Domestic workers
- Nannies
- Housekeepers
- In-home caregivers
- Private household employers
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
BillBuddy Impact Ratings
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Regulatory
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Environmental Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 05/01/2026 Introduced, referred to House Labor
Bill Text
SECTION 1. Section 28-5-6 of the General Laws in Chapter 28-5 entitled "Fair Employment Practices" is hereby amended to read as follows:
28-5-6. Definitions.
When used in this chapter:
(1) “Age” means anyone who is at least forty (40) years of age.
(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions, and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this chapter shall be interpreted to permit otherwise.
(3) “Commission” means the Rhode Island commission against discrimination created by this chapter.
(4) “Confidential” means to remain secret and not to be disclosed to another person or entity.
(5) “Conviction” means, for the purposes of this chapter only, any verdict or finding of guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge.
(6) “Disability” means a disability as defined in § 42-87-1.
(7) “Discriminate” includes segregate or separate.
(8) “Employee” does not include any individual employed by their parents, spouse, or child, or in the domestic service of any person.
(9)(i) “Employer” includes the state and all political subdivisions of the state and any person in this state employing four (4) or more individuals, and any person acting in the interest of an employer directly or indirectly.
(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities.
(10) “Employment agency” includes any person undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees.
(11) “Firefighter” means an employee the duties of whose position include work connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred or promoted to a supervisory or administrative position.
(12) “Gender identity or expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, or gender- related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.
(13) “Labor organization” includes any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
(14) “Law enforcement officer” means an employee the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state, including an employee engaged in such activity who is transferred or promoted to a supervisory or administrative position. For the purpose of this subdivision, “detention” includes the duties of employees assigned to guard individuals incarcerated in any penal institution.
(15) “Non-disparagement agreement” means an agreement which restricts an individual from taking any action to include, but not be limited to, speaking or publicizing information that negatively impacts the other party to the agreement to include the reputation, products, services, employees, and management of the protected party.
(16) “Person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. LC006242 - Page 2 of 4
(17) “Protective hairstyles” means and includes, but is not limited to, hair texture or hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and Afros).
(18) “Race” means and includes traits historically associated with the race, including, but not limited to, hair texture and protective hairstyles.
(19) “Religion” includes all aspects of religious observance and practice, as well as belief, unless an employer, union, or employment agency demonstrates that it is unable to reasonably accommodate to an employee’s or prospective employee’s or union member’s religious observance or practice without undue hardship on the conduct of its business.
(20) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality.
(21) The terms, as used regarding persons with disabilities:
(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same meaning as those items are defined in § 42-87-1.1; and
(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1.
SECTION 2. This act shall take effect upon passage.
28-5-6. Definitions.
When used in this chapter:
(1) “Age” means anyone who is at least forty (40) years of age.
(2) “Because of sex” or “on the basis of sex” includes, but is not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions, and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work, and nothing in this chapter shall be interpreted to permit otherwise.
(3) “Commission” means the Rhode Island commission against discrimination created by this chapter.
(4) “Confidential” means to remain secret and not to be disclosed to another person or entity.
(5) “Conviction” means, for the purposes of this chapter only, any verdict or finding of guilt after a criminal trial or any plea of guilty or nolo contendere to a criminal charge.
(6) “Disability” means a disability as defined in § 42-87-1.
(7) “Discriminate” includes segregate or separate.
(8) “Employee” does not include any individual employed by their parents, spouse, or child
(9)(i) “Employer” includes the state and all political subdivisions of the state and any person in this state employing four (4) or more individuals, and any person acting in the interest of an employer directly or indirectly.
(ii) Nothing in this subdivision shall be construed to apply to a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities.
(10) “Employment agency” includes any person undertaking, with or without compensation, to procure opportunities to work, or to procure, recruit, refer, or place employees.
(11) “Firefighter” means an employee the duties of whose position include work connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred or promoted to a supervisory or administrative position.
(12) “Gender identity or expression” includes a person’s actual or perceived gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, or gender- related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person’s sex at birth.
(13) “Labor organization” includes any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in relation to employment.
(14) “Law enforcement officer” means an employee the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state, including an employee engaged in such activity who is transferred or promoted to a supervisory or administrative position. For the purpose of this subdivision, “detention” includes the duties of employees assigned to guard individuals incarcerated in any penal institution.
(15) “Non-disparagement agreement” means an agreement which restricts an individual from taking any action to include, but not be limited to, speaking or publicizing information that negatively impacts the other party to the agreement to include the reputation, products, services, employees, and management of the protected party.
(16) “Person” includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. LC006242 - Page 2 of 4
(17) “Protective hairstyles” means and includes, but is not limited to, hair texture or hairstyles, if that hair texture or that hairstyle is commonly associated with a particular race or national origin (including a hairstyle in which hair is tightly coiled or tightly curled, locks, cornrows, twists, braids, Bantu knots, and Afros).
(18) “Race” means and includes traits historically associated with the race, including, but not limited to, hair texture and protective hairstyles.
(19) “Religion” includes all aspects of religious observance and practice, as well as belief, unless an employer, union, or employment agency demonstrates that it is unable to reasonably accommodate to an employee’s or prospective employee’s or union member’s religious observance or practice without undue hardship on the conduct of its business.
(20) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality.
(21) The terms, as used regarding persons with disabilities:
(i) “Auxiliary aids and services” and “reasonable accommodation” shall have the same meaning as those items are defined in § 42-87-1.1; and
(ii) “Hardship” means an “undue hardship” as defined in § 42-87-1.1.
SECTION 2. This act shall take effect upon passage.