The ACLU of Rhode Island and Freedom from Sex Discrimination
Discrimination on the basis of gender has been all-too-common in Rhode Island in a variety of settings -- in school, on the baseball field, and even in the courthouse. The R.I. ACLU has played an important role in eliminating many vestiges of sex discrimination, as the sample cases below demonstrate:
Category: Active Case Civil Rights Discrimination Gender Discrimination Students' Rights Women's Rights
About this Case:
This is a motion to enforce a 1998 court judgment against Brown University for violating Title IX. In 1996, the ACLU filed a “friend of the court” brief filed in support of a (successful) challenge to Brown University’s athletic program as sex-discriminatory in violation of Title IX.
Current Status:
Lawsuit filed in June 2020.
ACLU Cooperating Attorney:
Lynette Labinger
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Category: Discrimination Gender Discrimination Free Speech
About this Case:
This is “friend of the court” brief filed in the R.I. Supreme Court, arguing that the Providence Board of Licenses’ revocation of the Foxy Lady’s entertainment license, and the failure to issue a stay of the decision pending full judicial review, violate the club’s First Amendment rights. Our blog post on this ordeal can be found here (The Providence Board of Licenses Comes for the Foxy Lady).
Current Status:
On January 3, 2019, the RI Supreme Court decided to review the case (scheduled for April 2019) and ruled that the Foxy Lady could resume operations in the meantime.
Cooperating Attorney:
Jared Goldstein
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Category: Active Case Civil Rights Discrimination Gender Discrimination Women's Rights Workplace Rights
About This Case:
This is a sex and age discrimination lawsuit against the Newport Grand Casino on behalf of Paula Borrelli, a female employee, who claims that, for a decade, she has been paid significantly less than a younger male employee performing the same duties in the same position.
Current Status:
Lawsuit successfully settled in October 2019.
ACLU Cooperating Attorney:
Lynette Labinger
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Category: Discrimination Gender Discrimination Women's Rights
About This Case:
This is a lawsuit against the Ocean Community YMCA in Westerly, RI, on behalf of Elizabeth Gooding for violating her right to breastfeed in public. The suit, filed in Rhode Island Superior Court, claims that the facility repeatedly prohibited Gooding from breastfeeding her baby there, in violation of state anti-discrimination laws and a statute specifically allowing breastfeeding in public.
Current Status:
Lawsuit settled in November 2017.
ACLU Cooperating Attorney:
H. Jefferson Melish
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Category: Active Case Discrimination Gender Discrimination Women's Rights Workplace Rights
About These Cases:
These are two separate lawsuits on behalf of two female EMT/firefighters who were terminated from their jobs at the Harmony Fire District after they raised concerns about unequal treatment of male and female firefighters. Both women were EMT/firefighters for the Harmony Fire District for more than a decade. Ms. Perreault was terminated in January 2015 for purportedly being “unhappy” with the fire department and Ms. Ferragamo was terminated in August 2015 after raising concerns about gender discrimination. Notably, none of the male firefighters who raised concerns about equal treatment of male and female employees were disciplined or terminated.
Current Status:
Lawsuits successfully settled in November 2019.
ACLU Cooperating Attorney:
Lynette Labinger, Sonja Deyoe
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2004: Bourgeois v. Town of North Smithfield
Category: Discrimination Gender Discrimination
Administrative discrimination complaint filed on behalf of a man who, solely because of his sex, was denied a coaching position for a girls’ junior high softball team. Under a settlement agreement, the plaintiff was given the job.
Cooperating Attorney: Lynette Labinger
2003: Rathbun v. Autozone
Category: Discrimination Gender Discrimination
The ACLU was co-counsel in this appeal of a federal sex discrimination lawsuit, addressing the appropriate statute of limitations for filing suit under the R.I. Civil Rights Act.
Category: Discrimination Gender Discrimination Racial/Ethnic Discrimination
Federal lawsuit, on behalf of a female Hispanic firefighter applicant, challenging a state law giving a town a one-time exemption from the Fair Employment Practices Act in order to allow its acquisition of an all-white, all-male private fire and rescue service. After a temporary restraining order was issued in 2003, the Court permanently barred the Town from implementing the takeover in 2004. Attorneys fees were awarded in 2005.
Cooperating Attorneys: Lynette Labinger, John W. Dineen
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2000: Perry v. East Providence School Committee
Category: Discrimination Gender Discrimination
Successfully settled sex discrimination complaint challenging the school district’s advertisement of a vacancy for a special education aide position as for men only.
1991: Kleczek v. R.I. Interscholastic League
Category: Discrimination Gender Discrimination
Unsuccessful lawsuit challenging an Interscholastic League rule barring boys from playing field hockey.
1990: In re: Lucille Riccitelli
Category: Discrimination Gender Discrimination Women's Rights
Successful suit filed after a Probate Court judge denied a married woman the right to change her name back to her birth-name unless she got her husband’s consent.
1989: Virella v. Scott
Category: Discrimination Gender Discrimination Privacy
Favorably settled federal lawsuit challenging Health Department policy denying married but separated women the right to give their children the surname of their choice.
1984: Planned Parenthood v. Board of Medical Review
Category: Discrimination Gender Discrimination Privacy Women's Rights
Successful challenge to state law requiring husbands to be notified before a woman could have an abortion.
1979: Traugott v. Petit
Category: Discrimination Gender Discrimination Women's Rights
Favorable state Supreme Court decision holding that women have a common law right to use the name of their choice on their driver’s license and motor vehicle registration.
1977: In re: Johnston School Athletic Program
Category: Discrimination Gender Discrimination Students' Rights
Favorably settled Title IX complaint alleging that the school provided unequal athletic opportunity and facilities for girls.
1975: Fortin v. Darlington Little League
Category: Gender Discrimination
Favorable appeals court decision finding unconstitutional a Little League rule which barred girls from playing in the League.
