Rhode Island Commission for Human Rights (RICHR) Charge of Discrimination

RHODE ISLAND COMMISSION FOR HUMAN RIGHTS — CHARGE OF DISCRIMINATION

TABLE OF CONTENTS

1. Filing Cover Sheet
2. Charging Party Information
3. Respondent Information
4. Jurisdiction and Coverage
5. Bases of Discrimination
6. Issues / Adverse Actions
7. Date(s) of Discrimination and Continuing Violation
8. Statement of Particulars (Narrative)
9. Witnesses
10. Documentary Evidence
11. Internal Complaint History
12. Remedies Sought
13. Dual Filing Election
14. Verification and Signature
15. Filing Methods Checklist
16. Post-Filing Roadmap
17. Practice Notes
18. Sources and References

1. FILING COVER SHEET

RHODE ISLAND COMMISSION FOR HUMAN RIGHTS

180 Westminster Street, 3rd Floor — Providence, RI 02903

Telephone: (401) 222-2661 / TTY: (401) 222-2664

2. CHARGING PARTY INFORMATION

3. RESPONDENT INFORMATION

3.1 Primary Respondent (Employer / Landlord / Place of Public Accommodation)

3.2 Individual Respondent(s) (e.g., supervisor, harasser, agent)

3.3 Additional Respondents

[Add rows as needed.]

4. JURISDICTION AND COVERAGE

4.1. Geographic nexus. The alleged unlawful practice occurred within the State of Rhode Island, specifically at [CITY, COUNTY, RHODE ISLAND].

4.2. Statutory coverage. Respondent is a covered "employer" under R.I.G.L. § 28-5-6(8)(i) (employs four (4) or more persons in Rhode Island) [OR specify alternative coverage: housing under R.I.G.L. § 34-37-3 / public accommodations under R.I.G.L. § 11-24-3 / credit under R.I.G.L. § 34-37-4.3].

4.3. Charging Party's status. Charging Party is a person within R.I.G.L. § 28-5-6(7) and a member of the protected class(es) identified in Section 5 below.

4.4. Timeliness. This Charge is filed within one (1) year of the most recent act of discrimination as required by R.I.G.L. § 28-5-17. The most recent discriminatory act occurred on [__/__/____].

5. BASES OF DISCRIMINATION

Charging Party alleges discrimination on the basis of (check all that apply):

• ☐ Race or Color — specify: [__________]
• ☐ Religion / Creed — specify: [__________]
• ☐ Sex — including:
• ☐ Pregnancy / Childbirth / Lactation
• ☐ Sexual Harassment (quid pro quo or hostile work environment)
• ☐ Sexual Orientation — specify: [__________]
• ☐ Gender Identity or Expression — specify: [__________]
• ☐ Disability (Physical / Mental / Perceived) — specify: [__________]
• ☐ Failure to Reasonably Accommodate Disability
• ☐ Age (40 or older) — specify DOB: [__/__/____]
• ☐ Country of Ancestral Origin / National Origin — specify: [__________]
• ☐ Marital Status — specify: [__________]
• ☐ Genetic Information
• ☐ Hairstyle / Hair Texture (CROWN protections, race-related)
• ☐ Familial Status (housing only)
• ☐ Lawful Source of Income (housing only)
• ☐ Military / Veteran Status (housing only)
• ☐ RETALIATION for protected activity (opposition or participation)

6. ISSUES / ADVERSE ACTIONS

Charging Party complains of the following adverse action(s) (check all that apply):

• ☐ Failure to Hire
• ☐ Discharge / Termination
• ☐ Constructive Discharge
• ☐ Demotion
• ☐ Failure to Promote
• ☐ Disparate Discipline
• ☐ Disparate Pay / Compensation
• ☐ Denial of Reasonable Accommodation (disability)
• ☐ Denial of Reasonable Accommodation (pregnancy / lactation / religion)
• ☐ Harassment / Hostile Work Environment
• ☐ Quid Pro Quo Sexual Harassment
• ☐ Retaliation
• ☐ Denial of Training / Promotion Opportunity
• ☐ Reduction in Hours / Schedule
• ☐ Suspension
• ☐ Layoff / RIF
• ☐ Refusal to Rent / Sell / Lease (housing)
• ☐ Discriminatory Terms / Conditions of Tenancy (housing)
• ☐ Refusal of Service (public accommodation)
• ☐ Denial of Credit (credit)
• ☐ Other: [__________]

7. DATE(S) OF DISCRIMINATION AND CONTINUING VIOLATION

7.1. ☐ This is a continuing violation. The discriminatory practice has been ongoing as recently as [__/__/____], and each act within the limitations period is independently actionable. Cf. Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002).

8. STATEMENT OF PARTICULARS (NARRATIVE)

8.1. Background. I was hired by Respondent on or about [__/__/____] as a [POSITION TITLE] at [LOCATION]. My duties included [BRIEF DUTY DESCRIPTION]. My direct supervisor was [NAME]. My most recent rate of pay was [$AMOUNT per hour / week / year]. My work performance was [satisfactory / consistently rated "meets expectations" or higher / etc.].

8.2. Protected class. I am a member of the following protected class(es): [describe — e.g., African-American woman, age 54, with a documented disability of __________].

8.3. First incident. On or about [__/__/____], [NAME / TITLE] [describe what happened — quote any slurs, biased remarks, or written communications verbatim]. Witnesses included [NAMES].

8.4. Pattern of conduct. Following the first incident, [describe escalation: additional incidents with dates, places, witnesses, and content].

8.5. Comparators. Similarly-situated employees outside my protected class were treated more favorably. Specifically, [NAMES OR INITIALS], who hold the position of [TITLE] and report to the same supervisor, [describe favorable treatment they received that was denied to me].

8.6. Internal complaint. On or about [__/__/____], I complained about the discriminatory conduct to [NAME / HR / hotline] by [email / written letter / oral complaint]. [Describe how the complaint was handled or ignored.]

8.7. Adverse action. On or about [__/__/____], Respondent [describe ultimate adverse action — termination, demotion, denial of accommodation, etc.]. The reason given was [stated reason], which I believe is pretextual because [explain why the reason is false or not the real reason].

8.8. Retaliation (if applicable). The adverse action followed my protected complaint by only [NUMBER] days/weeks. The temporal proximity, combined with [other facts of antagonism], demonstrates that the action was motivated, at least in part, by my protected activity.

8.9. Damages. As a direct result of Respondent's unlawful conduct, I have suffered: lost wages and benefits totaling approximately [$AMOUNT] to date; ongoing wage loss; loss of health insurance and other benefits; emotional distress including [describe symptoms — anxiety, depression, sleep loss, etc.]; medical / counseling expenses of [$AMOUNT]; and damage to my professional reputation.

8.10. Belief. I believe Respondent discriminated against me because of my [protected class] and retaliated against me for opposing discriminatory practices, in violation of the Rhode Island Fair Employment Practices Act, R.I.G.L. § 28-5-7, and parallel federal anti-discrimination laws.

9. WITNESSES

10. DOCUMENTARY EVIDENCE

The following documents are submitted with this Charge (check all attached):

• ☐ Offer letter / employment agreement
• ☐ Most recent performance evaluations (last 3 years)
• ☐ Disciplinary records / write-ups
• ☐ Termination letter / separation paperwork
• ☐ Pay stubs and W-2s
• ☐ Internal complaint(s) and Respondent's response(s)
• ☐ Emails / texts / chat messages reflecting bias or pretext
• ☐ Personnel handbook / EEO policy
• ☐ Medical records / accommodation requests (if disability)
• ☐ Comparator information (job descriptions, pay records if available)
• ☐ Job posting / replacement hiring information
• ☐ Witness statements (if any)
• ☐ Other: [__________]

11. INTERNAL COMPLAINT HISTORY

11.1. ☐ Charging Party DID file an internal complaint with Respondent on [__/__/____]. Method: [written / oral / online]. Recipient: [NAME / TITLE]. Outcome: [describe Respondent's response, investigation, or lack thereof].

11.2. ☐ Charging Party DID NOT file an internal complaint because [explain: no policy / fear of retaliation / supervisor was the harasser / etc.].

11.3. ☐ Charging Party also filed a complaint or grievance with: [union / professional licensing board / OSHA / DOL / other agency] on [__/__/____]. Status: [__________].

12. REMEDIES SOUGHT

Charging Party requests, where supported by the evidence and authorized by R.I.G.L. § 28-5-24, the following relief (check all that apply):

• ☐ Make-whole relief: back pay (including raises, overtime, bonuses), front pay, and lost benefits;
• ☐ Reinstatement to the position from which Charging Party was terminated, demoted, or constructively discharged (or front pay in lieu of reinstatement);
• ☐ Reasonable accommodation for disability, pregnancy, religion, or related condition;
• ☐ Compensatory damages for emotional distress, humiliation, and reputational harm (uncapped under FEPA);
• ☐ Punitive damages under R.I.G.L. § 28-5-29.1 (where conduct shows malice or reckless indifference; not available against the State);
• ☐ Affirmative action, including policy changes, anti-discrimination training, and revised EEO procedures;
• ☐ Posting of notices in the workplace acknowledging the violation and stating employees' rights;
• ☐ Expungement of disciplinary records and a neutral letter of reference;
• ☐ Attorney's fees and costs under R.I.G.L. § 28-5-24;
• ☐ Pre-judgment interest at 12% under R.I.G.L. § 9-21-10;
• ☐ Such other relief as the Commission deems just and proper.

13. DUAL FILING ELECTION

13.1. ☐ I authorize RICHR to dual-file this Charge with the U.S. Equal Employment Opportunity Commission ("EEOC") pursuant to the RICHR-EEOC work-sharing agreement to preserve my rights under Title VII (42 U.S.C. § 2000e et seq.), the ADA (42 U.S.C. § 12101 et seq.), the ADEA (29 U.S.C. § 621 et seq.), and GINA (42 U.S.C. § 2000ff).

13.2. ☐ I authorize RICHR to dual-file this Charge with the U.S. Department of Housing and Urban Development ("HUD") pursuant to the federal Fair Housing Act (42 U.S.C. § 3601 et seq.). [Housing charges only.]

13.3. ☐ I understand RICHR may transfer the investigation to the federal partner agency under the work-sharing agreement, and I consent to such transfer.

14. VERIFICATION AND SIGNATURE

I, [CHARGING PARTY NAME], declare under penalty of perjury under the laws of the State of Rhode Island that I have read the foregoing Charge of Discrimination, that I know the contents thereof, and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those, I believe them to be true.

[________________________________]

[CHARGING PARTY NAME]

Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of Rhode Island

(My Commission Expires: [_______________])

15. FILING METHODS CHECKLIST

☐ Online Intake Questionnaire (preferred) — https://richr.ri.gov/filecharge/index.php

☐ In-Person Filing — Rhode Island Commission for Human Rights, 180 Westminster Street, 3rd Floor, Providence, RI 02903 (Mon-Fri, 8:30 AM-4:00 PM). Bring photo ID and copies of supporting documents.

☐ U.S. Mail — Send signed and notarized Charge and supporting documents to the address above. Send via Certified Mail, Return Receipt Requested, and retain proof of mailing as evidence of timely filing.

☐ Telephone Intake — (401) 222-2661 to request an Intake Questionnaire and schedule an interview with an Information Officer. TTY: (401) 222-2664.

☐ Email — Confirm acceptable email submission methods directly with RICHR before filing.

16. POST-FILING ROADMAP

17. PRACTICE NOTES

• One-year deadline is jurisdictional. R.I.G.L. § 28-5-17 imposes a strict one-year filing window (longer than Title VII's 180-day baseline but shorter than the 300-day deferral-state period). Where the most recent act is borderline, file immediately and assert continuing-violation theory in the narrative.
• RICRA backstop. If the FEPA charge window is missed, the Rhode Island Civil Rights Act (R.I.G.L. ch. 42-112) provides a three-year direct-to-court SOL with no exhaustion requirement. RICRA reaches private actors and provides compensatory damages, exemplary damages, and mandatory attorney's fees to the prevailing aggrieved party.
• Coverage threshold. FEPA reaches employers with as few as four (4) employees — the lowest in New England. State and municipal employers are covered, but punitive damages are barred against them by § 28-5-29.1.
• Dual filing preserves federal claims. Title VII / ADA / ADEA / GINA charges in deferral states have a 300-day SOL. RICHR's work-sharing with EEOC ensures dual filing if the Charge is properly marked.
• Verification matters. R.I.G.L. § 28-5-16 requires that a Charge be "in writing under oath." File the Charge in verified, notarized form.
• Continuing violations. Hostile-environment claims are governed by Morgan-style continuing-violation analysis. Discrete acts (termination, demotion, failure to promote) generally are not.
• Failure-to-accommodate. For disability, pregnancy, lactation, or religious accommodation claims, attach the original accommodation request, supporting medical documentation (where applicable), and Respondent's denial.
• Position Statement strategy. Request a copy of Respondent's Position Statement and submit a tight rebuttal with documentary support. Probable-cause findings often turn on the rebuttal.
• Mediation. RICHR offers mediation early. Mediation is voluntary, confidential, and frequently cost-effective. Counsel should evaluate damages and leverage before agreeing.
• Confidentiality and retaliation. Filing the Charge is itself protected activity under § 28-5-7(5). Document any post-filing adverse treatment immediately and consider filing an amended Charge.
• Self-represented complainants. RICHR accepts pro se filings and provides Information Officers to assist with intake. Counsel involvement is strongly recommended where damages are substantial or termination is at issue.

18. SOURCES AND REFERENCES

• Rhode Island Commission for Human Rights — https://richr.ri.gov/
• RICHR — How To File A Charge — https://richr.ri.gov/filecharge/index.php
• RICHR Rules of Procedure (515-RICR-10-00-2) — https://rules.sos.ri.gov/regulations/part/515-10-00-2
• R.I.G.L. Title 28, ch. 5 (Fair Employment Practices) — https://webserver.rilegislature.gov/Statutes/TITLE28/28-5/INDEX.htm
• R.I.G.L. Title 42, ch. 112 (Civil Rights Act of 1990) — https://webserver.rilegislature.gov/Statutes/TITLE42/42-112/INDEX.htm
• R.I.G.L. Title 34, ch. 37 (Fair Housing Practices Act) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-37/INDEX.htm
• R.I.G.L. Title 11, ch. 24 (Public Accommodations) — https://webserver.rilegislature.gov/Statutes/TITLE11/11-24/INDEX.htm
• EEOC — RI Field Information / Dual-Filing — https://www.eeoc.gov/
• Horn v. Southern Union Co., 927 A.2d 292 (R.I. 2007) (FEPA exhaustion / timing)
• Rathbun v. Autozone, Inc., 361 F.3d 62 (1st Cir. 2004) (FEPA + ADA dual filing)
• Ward v. City of Pawtucket Police Dep't, 639 A.2d 1379 (R.I. 1994) (RICRA reaches private actors)
• Iacampo v. Hasbro, Inc., 929 F. Supp. 562 (D.R.I. 1996) (RICRA in employment context)
• Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (2002) (continuing-violation doctrine)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Rhode Island should review and customize this Charge before filing. Statutes, regulations, and agency procedures change frequently; verify all authorities and current RICHR procedures with the agency directly before filing.