Title 45, Chapter 19, Section 38
( 45-19-38)
(a) If the special master determines that the respondent has not
engaged in an unlawful practice, the special master shall state the
special master's findings of fact and conclusions of law and shall
issue a final order, within 30 days after the hearing unless, for
good cause shown, such time is extended by the Governor, dismissing
the complaint. (b) If the special master determines that the respondent has engaged
in an unlawful practice, the special master shall state the special
master's findings of fact and conclusions of law and shall issue a
final order, within 30 days after the hearing unless, for good cause
shown, such time is extended by the Governor, requiring the
respondent to cease and desist from the unlawful practice and to
take such remedial action as in the judgment of the special master
will carry out the purposes of this article. (c) Remedial action under this Code section may include but is not
limited to: (1) Hiring, reinstatement, or upgrading of employees with or
without back pay. No award of back pay shall be ordered pursuant
to this article with respect to any period more than two years
prior to the date of the filing with the administrator of the
complaint with respect to which such award of back pay is ordered.
Interim earnings, unemployment benefits, workers' compensation
benefits, or amounts earnable with reasonable diligence by the
person or persons discriminated against shall operate to reduce
the back pay otherwise allowable; (2) Admission or restoration of individuals to participate in a
guidance program, apprenticeship training program, on-the-job
training program, or other occupational training or retraining
program and the utilization of objective criteria in the admission
of individuals to such programs; (3) The extension to all individuals of the full and equal
enjoyment of the advantages, facilities, privileges, and services
of the respondent; (4) Reporting as to the manner of compliance; (5) Posting notices in conspicuous places in the respondent's
place of operation in the form prescribed by the administrator or
special master; (6) Restoration of employment benefits not otherwise specified in
this Code section; or (7) Recommending to the Governor that the respondent be required
to adopt and file with the administrator, within a specified time
limitation, for the administrator's approval a plan to fill
vacancies or hire new employees in a manner to eliminate or reduce
imbalance in employment with respect to race, color, disability,
religion, sex, national origin, or age. (d) Any monetary award ordered pursuant to this article shall be for
actual damages only.
(e) The respondent shall comply without delay with the terms and
conditions of such a final order. |