Connecticut 2014 Regular Session

Connecticut House Bill HB05382 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5382
2		-	February Session, 2014 _____HB05382PRI___031414____
	1	+	General Assembly Raised Bill No. 5382
	2	+	February Session, 2014 LCO No. 1589
	3	+	01589_______PRI
	4	+	Referred to Committee on PROGRAM REVIEW AND INVESTIGATIONS
	5	+	Introduced by:
	6	+	(PRI)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5382
	10	+	Raised Bill No. 5382
7	11
8	12		February Session, 2014
9	13
10		-	_____HB05382PRI___031414____
	14	+	LCO No. 1589
	15	+
	16	+	01589_______PRI
	17	+
	18	+	Referred to Committee on PROGRAM REVIEW AND INVESTIGATIONS
	19	+
	20	+	Introduced by:
	21	+
	22	+	(PRI)
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12	24		AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE LEGISLATIVE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE STUDY ON THE REEMPLOYMENT OF OLDER WORKERS AS THEY RELATE TO JOB ADVERTISEMENTS.
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14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16	28		Section 1. (NEW) (Effective October 1, 2014) (a) As used in this section:
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18	30		(1) "Employer" means any business owner, person, partnership, corporation, limited liability company or association of persons acting directly as, on behalf of or in the interest of an employer in relation to employees, including the state and any political subdivision thereof and shall include an employment agency or temporary help service;
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20		-	(2) "Employment agency" means ~~(A)~~ an employment agency, as defined in section 31-129 of the general statutes, (B) an agent of such employment agency, (C) a person who maintains an Internet web site that publishes advertisements or announcements of job openings, and (D) a temporary help service;
	32	+	(2) "Employment agency" means an employment agency as defined in section 31-129 of the general statutes and shall include any (A) agent of such employment agency, (B) person who maintains an Internet web site that publishes advertisements or announcements of job openings, and (C) temporary help service;
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22	34		(3) "Status as unemployed" means an individual's period of unemployment, both past or present, regardless of duration; and
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24	36		(4) "Temporary help service" means a temporary help service as defined in section 31-129 of the general statutes and shall include any agent of such temporary help service.
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26		-	(b) No employer shall ~~(1)~~ publish in print, on the Internet or in any other medium, an advertisement or announcement for any job vacancy in this state that includes any provision stating or indicating that ~~(A)~~ an individual's status as unemployed disqualifies the individual for a job, (B) an employer will not consider an individual for employment based on that individual's status as unemployed~~, or (C) the qualifications for a job include current employment, or (2) request or direct an employment agency to not refer an individual based solely on such individual's status as unemployed~~.
	38	+	(b) No employer shall publish in print, on the Internet or in any other medium, an advertisement or announcement for any job vacancy in this state that includes any provision: (1) Stating or indicating that an individual's status as unemployed disqualifies the individual for a job, or (2) stating or indicating that an employer will not consider an individual for employment based on that individual's status as unemployed.
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28		-	(c) No employment agency shall ~~(1)~~ publish in print, on the Internet or in any other medium, an advertisement or announcement for any job vacancy in this state that includes any provision stating or indicating that ~~(A)~~ an individual's status as unemployed disqualifies the individual for a job, (B) an employer will not consider an individual for employment based on that individual's status as unemployed, or (C) the qualifications for a job include current employment, or (2) limit, segregate or classify an individual in any manner that may limit such individual's access to information about jobs or referrals for consideration of jobs because of the individual's status as unemployed.
	40	+	(c) No employment agency or temporary help service shall publish in print, on the Internet or in any other medium, an advertisement or announcement for any job vacancy in this state that includes any provision: (1) Stating or indicating that an individual's status as unemployed disqualifies the individual for a job, or (2) stating or indicating that an employer will not consider an individual for employment based on that individual's status as unemployed.
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30		-	(d) Nothing in this section shall be construed to prohibit an employer or employment agency, or an agent, representative or designee of such employer or employment agency, from:
	42	+	(d) Nothing in this section shall be construed to prohibit an employer, employment agency or temporary help service, or an agent, representative or designee of such employer, employment agency or temporary help service, from:
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32	44		(1) Publishing in print or on the Internet an advertisement for a job vacancy in this state that contains any provision: (A) Setting forth qualifications for a job vacancy, including, but not limited to: (i) Holding a current and valid professional or occupational license, certificate, registration, permit or other credential, or (ii) a minimum level of education or training, or professional, occupational or field experience; or (B) stating that only individuals who are current employees of the employer will be considered for such job vacancy;
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34	46		(2) Setting forth qualifications for a job vacancy, including, but not limited to: (A) Holding a current and valid professional or occupational license, certificate, registration, permit or other credential, or (B) a minimum level of education or training, or professional, occupational or field experience;
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36	48		(3) Stating that only individuals who are current employees of the employer will be considered for such job vacancy;
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38	50		(4) Taking into account the individual's employment history, including recent relevant experience; or
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40	52		(5) Inquiring as to the reasons for an individual's status as unemployed.
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42		-	(e) Any individual aggrieved by a violation of subsection (b) or (c) of this section may file a complaint with the Labor Commissioner. The Labor Commissioner may levy a civil penalty against any employer or employment agency that the commissioner finds to be in violation of subsection (b) or (c) of this section. Any employer or employment agency that violates any provision of this section may be liable to the Labor Department for a civil penalty of five hundred dollars for the first violation of subsection (b) or (c) of this section and for each subsequent violation of said subsections may be liable to the Labor Department for a civil penalty of one thousand dollars.
	54	+	(e) Any individual aggrieved by a violation of subsection (b) or (c) of this section may file a complaint with the Labor Commissioner. The Labor Commissioner may levy a civil penalty against any employer, employment agency or temporary help service that the commissioner finds to be in violation of subsection (b) or (c) of this section. Any employer, employment agency or temporary help service that violates any provision of this section may be liable to the Labor Department for a civil penalty of five hundred dollars for the first violation of subsection (b) or (c) of this section and for each subsequent violation of said subsections may be liable to the Labor Department for a civil penalty of one thousand dollars.
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44	56		(f) Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes.
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46	58		(g) The commissioner may request the Attorney General to bring an action in the Superior Court to recover the penalties levied pursuant to subsection (e) of this section.
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51	63		This act shall take effect as follows and shall amend the following sections:
52	64		Section 1 October 1, 2014 New section
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54	66		This act shall take effect as follows and shall amend the following sections:
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56	68		Section 1
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58	70		October 1, 2014
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60	72		New section
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62		-	Statement of ~~Legislative Commissioners~~:
	74	+	Statement of Purpose:
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64		-	~~Subsections (b) through (e), inclusive, were rewritten~~ to ~~eliminate references to "temporary~~ ~~help service", because that term is included in the definition of the term "employment agency", making it unnecessary to use both terms in those subsections.~~
	76	+	To prevent job advertisements from excluding unemployed individuals.
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66		-
67		-
68		-	PRI Joint Favorable Subst.
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70		-	PRI
71		-
72		-	Joint Favorable Subst.
	78	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]