R.I. Gen. Laws § 28-5-6(4)

R.I. Gen. Laws § 28-5-6(4) – Disability Discrimination

§ 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" include, but are 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) "Disability" means a disability as defined in § 42-87-1 (see bottom of page)
   (5) "Discriminate" includes segregate or separate.
   (6) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.
   (7) "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.
   (8) "Employment agency" includes any person undertaking with or without compensation to procure opportunities to work, or to procure, recruit, refer, or place employees.
   (9) "Firefighter" means an employee the duties of whose position includes 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.
   (10) "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.
   (11) "Labor organization" includes any organization which 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.
   (12) "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.
   (13) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.
   (14) "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.
   (15) "Sexual orientation" means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state nor impose any duty on a religious organization. This definition does not confer legislative approval of that status, but is intended to assure the basic human rights of persons to obtain and hold employment, regardless of that status.
   (16) 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.

§ 42-87-1  Definitions of disability. – As used in this chapter:
   (1) "Disability" means, with respect to an individual:
   (i) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
   (ii) A record of such impairment; or
   (iii) Being regarded as having such an impairment (as described in paragraph (4));
   (iv) Includes any disability which is provided protection under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. and federal regulations pertaining to the act 28 CFR 35 and 29 CFR 1630; and
   (v) Nothing in this chapter alters the standards for determining eligibility for benefits under workers' compensation laws or under state disability benefit programs.
   (2) [Deleted by P.L. 2009, ch. 96, § 7 and P.L. 2009, ch. 97, § 7].
   (3) [Deleted by P.L. 2009, ch. 96, § 7 and P.L. 2009, ch. 97, § 7].
   (4) "Regarded as having such an impairment" for purposes of paragraph (1)(iii) means:
   (i) An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity.
   (ii) Paragraph (1)(iii) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of six (6) months or less.
   (iii) [Deleted by P.L. 2009, ch. 96, § 7 and P.L. 2009, ch. 97, § 7].
   (5) "Major life activities" include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
   (6) "Qualified individual" means:
   (i) With respect to employment, a person who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this chapter, due consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job;
   (ii) With respect to the rental of property, a person with a disability who, personally or with assistance arranged by the person with a disability, is capable of performing all of the responsibilities of a tenant as contained in § 34-18-24;
   (iii) With respect to any other program or activity, a person with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or benefits, or the participation in the program or activity;
   (iv) The fact that an individual has applied for, received or continues to receive private insurance or government assistance based upon his or her disability shall not be determinative as to whether the individual is qualified as defined herein, nor shall it constitute an estoppel or otherwise serve as a basis to deny the individual the protections of this chapter; and
   (v) A qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
   (A) In general. The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the controlled substances act (21 U.S.C. § 812). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the controlled substances act or other provisions of federal law.
   (B) Drugs. The term "drug" means a controlled substance, as defined in schedules I through V of § 202 of the controlled substances act.
   (7) "Substantially limits" includes:
   (i) An impairment that substantially limits one major life activity but need not limit other major life activities in order to be considered a disability.
   (ii) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
   (iii) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as:
   (I) Medication, medical supplies, equipment, or appliance, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies;
   (II) Use of assistive technology;
   (III) Reasonable accommodations or auxiliary aids or services; or
   (IV) Learned behavioral or adaptive neurological modifications.
   (B) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
   (8) As used in subparagraph (7)(iii)(A)(I):
   (i) The term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and
   (ii) The term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image