Rhode Island Employment Law Blog

A previous post on this blog discussed how a workplace rule can in some cases be discriminatory. For instance, if the effect of the rule is to single out people of a certain religious persuasion, race, etc., then an employee who wound up being injured by the rule can seek compensation and other relief.

Unfortunately, though, proving discrimination can be a hard thing to prove. For example, in the case of a controversial workplace rule, an employer will usually be able to give some reason why their rules are important to workplace safety or the orderly operation of their business.

Although the law of Rhode Island requires employers in this state to pay employees the cash compensation to which the employer agreed, many employers choose to also offer other forms of compensation, the terms of which might not be so clear cut.

For example, as this blog has reported on previous occasions, many employers offer incoming executives stock options, generous retirement packages and other incentives to get them to come to work for the new employer, even if it means leaving a great position.

The gender wage gap refers to the difference in pay women and men receive. Despite having the same qualifications, positions and tasks, women tend to earn less money than men do. This discrepancy in payment is an example of gender discrimination in the workplace.

How prevalent is this practice and where does it happen the most? Forbes shared a study from PayScale that reveals the industries with the largest pay gaps between men and women. At the top of the list was finance and insurance, at just over 29 percent.

One fundamental tenant of this country's anti-discrimination laws is that an employee, whether in Rhode Island or elsewhere, has to feel free to report cases of discrimination when they see them. If they are afraid that doing so will cost them their jobs, then it is unlikely that discrimination will ever actually get reported or acted upon.

For this reason, laws protect those who report workplace discrimination from retaliation by their employer. What constitutes an activity that is "retaliation" is broad. It can include formal actions like getting fired or disciplined, and it can also include things that are less obvious like an unfavorable transfer or making changes to an employee's schedule.