Jan. 6, 2010

Greg Parè at (401) 276-5558

Rep. Donna M. Walsh  at (401) 364-6433

Overriding veto, Assembly approves bill easing time limits on civil rights discrimination lawsuits

STATE HOUSE – Victims of civil rights discrimination will have longer to file lawsuits under a bill sponsored by Senate Majority Leader Daniel P. Connors and Rep. Donna M. Walsh and approved yesterday by the General Assembly over the governor’s veto.

The Rhode Island Civil Rights Act was established in 1990 based on a federal law that provides victims of employment and contractual discrimination recourse through the courts. Until 2007, it was believed that the act allowed victims three years after the incident to file suit, just as they would have under the federal law and under state laws governing personal injury suits.

But in 2007, the Rhode Island Supreme Court issued a 3-2 decision saying that claims under the act are subject to a statute of limitations of just one year.

The new law, which is effective immediately, expressly gives people filing suit under the Rhode Island Civil Rights Act a three-year statute of limitations.

“A one-year statute of limitations is very restrictive for victims of discrimination. There are many reasons a person may not be ready to file suit within that time. In many cases, victims may take a long time to decide whether they want to go through with a lawsuit, fearing the ordeal or backlash. A victim also might not be aware of his or her rights and neglect to file immediately,” said Representative Walsh, a Democrat who represents District 36 in Charlestown, New Shoreham, South Kingstown and Westerly. “There’s absolutely no sense in giving discrimination victims less time than victims of any other kind of suit. This legislation would level the playing field and help victims to get justice for the harm they endured.”

The legislation (2009-S 0162, 2009-H 5135) was backed by the Rhode Island affiliate of the American Civil Liberties Union.

The sponsors say that a longer statute of limitations will allow discrimination allegations to be more thoroughly investigated and would also increase the likelihood of out-of-court settlements, which save money for both parties and reduce the burden on the court system.

The longer period would also not create any new burden on the courts in terms of the number of civil rights discrimination cases being heard, since until the ruling, the courts operated for 17 years under the assumption that the limit was three years.

“Changing this law is a matter of fairness. There is absolutely no reason that discrimination suits should face more stringent time limits than other suits, and treating them differently adds further injury to victims,” said Majority Leader Connors, a Democrat who represents District 19 in Cumberland and Lincoln. “Giving discrimination victims only one year to file suit sends a message that their complaints are not important, and is counterproductive in discouraging discrimination. I’m glad that we’ve finally corrected this injustice, despite the governor’s veto.”

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