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General Assembly Committee Bill No. 6921
January Session, 2019
LCO No. 6295
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING DISCRIMINATION BASED SOLELY ON A
PERSON'S CRIMINAL HISTORY.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-51 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
As used in section 4a-60a and this chapter: 3
(1) "Blind" refers to an individual whose central visual acuity does 4
not exceed 20/200 in the better eye with correcting lenses, or whose 5
visual acuity is greater than 20/200 but is accompanied by a limitation 6
in the fields of vision such that the widest diameter of the visual field 7
subtends an angle no greater than twenty degrees; 8
(2) "Commission" means the Commission on Human Rights and 9
Opportunities created by section 46a-52; 10
(3) "Commission legal counsel" means a member of the legal staff 11
employed by the commission pursuant to section 46a-54; 12
(4) "Commissioner" means a member of the commission; 13
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(5) "Court" means the Superior Court or any judge of said court; 14
(6) "Discrimination" includes segregation and separation; 15
(7) "Discriminatory employment practice" means any discriminatory 16
practice specified in section 46a-60, as amended by this act, or 46a-81c; 17
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-18
60a, 4a-60g, 31-40y, 46a-58, 46a-59, as amended by this act, 46a-60, as 19
amended by this act, 46a-64, as amended by this act, 46a-64c, as 20
amended by this act, 46a-66, as amended by this act, 46a-68, 46a-68c to 21
46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, as amended by this 22
act, subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o, 23
inclusive; 24
(9) "Employee" means any person employed by an employer but 25
shall not include any individual employed by such individual's 26
parents, spouse or child; 27
(10) "Employer" includes the state and all political subdivisions 28
thereof and means any person or employer with three or more persons 29
in such person's or employer's employ; 30
(11) "Employment agency" means any person undertaking with or 31
without compensation to procure employees or opportunities to work; 32
(12) "Labor organization" means any organization which exists for 33
the purpose, in whole or in part, of collective bargaining or of dealing 34
with employers concerning grievances, terms or conditions of 35
employment, or of other mutual aid or protection in connection with 36
employment; 37
(13) "Intellectual disability" means intellectual disability as defined 38
in section 1-1g; 39
(14) "Person" means one or more individuals, partnerships, 40
associations, corporations, limited liability companies, legal 41
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representatives, trustees, trustees in bankruptcy, receivers and the state 42
and all political subdivisions and agencies thereof; 43
(15) "Physically disabled" refers to any individual who has any 44
chronic physical handicap, infirmity or impairment, whether 45
congenital or resulting from bodily injury, organic processes or 46
changes or from illness, including, but not limited to, epilepsy, 47
deafness or being hard of hearing or reliance on a wheelchair or other 48
remedial appliance or device; 49
(16) "Respondent" means any person alleged in a complaint filed 50
pursuant to section 46a-82 to have committed a discriminatory 51
practice; 52
(17) "Discrimination on the basis of sex" includes but is not limited 53
to discrimination related to pregnancy, child-bearing capacity, 54
sterilization, fertility or related medical conditions; 55
(18) "Discrimination on the basis of religious creed" includes but is 56
not limited to discrimination related to all aspects of religious 57
observances and practice as well as belief, unless an employer 58
demonstrates that the employer is unable to reasonably accommodate 59
to an employee's or prospective employee's religious observance or 60
practice without undue hardship on the conduct of the employer's 61
business; 62
(19) "Learning disability" refers to an individual who exhibits a 63
severe discrepancy between educational performance and measured 64
intellectual ability and who exhibits a disorder in one or more of the 65
basic psychological processes involved in understanding or in using 66
language, spoken or written, which may manifest itself in a diminished 67
ability to listen, speak, read, write, spell or to do mathematical 68
calculations; 69
(20) "Mental disability" refers to an individual who has a record of, 70
or is regarded as having one or more mental disorders, as defined in 71
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the most recent edition of the American Psychiatric Association's 72
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 73
(21) "Gender identity or expression" means a person's gender-74
related identity, appearance or behavior, whether or not that gender-75
related identity, appearance or behavior is different from that 76
traditionally associated with the person's physiology or assigned sex at 77
birth, which gender-related identity can be shown by providing 78
evidence including, but not limited to, medical history, care or 79
treatment of the gender-related identity, consistent and uniform 80
assertion of the gender-related identity or any other evidence that the 81
gender-related identity is sincerely held, part of a person's core 82
identity or not being asserted for an improper purpose; [.] 83
(22) "Veteran" means veteran as defined in subsection (a) of section 84
27-103; and 85
(23) "Criminal matters of public record" means information obtained 86
from the Judicial Department relating to arrests, indictments, 87
convictions, outstanding judgments and any other conviction 88
information, as defined in section 54-142g. 89
Sec. 2. Subsection (b) of section 46a-60 of the general statutes is 90
repealed and the following is substituted in lieu thereof (Effective 91
October 1, 2019): 92
(b) It shall be a discriminatory practice in violation of this section: 93
(1) For an employer, by the employer or the employer's agent, 94
except in the case of a bona fide occupational qualification or need, to 95
refuse to hire or employ or to bar or to discharge from employment 96
any individual or to discriminate against such individual in 97
compensation or in terms, conditions or privileges of employment 98
because of the individual's race, color, religious creed, age, sex, gender 99
identity or expression, marital status, national origin, ancestry, present 100
or past history of mental disability, intellectual disability, learning 101
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disability, physical disability, including, but not limited to, blindness, 102
[or] status as a veteran or criminal matters of public record, as defined 103
in section 46a-51, as amended by this act; 104
(2) For any employment agency, except in the case of a bona fide 105
occupational qualification or need, to fail or refuse to classify properly 106
or refer for employment or otherwise to discriminate against any 107
individual because of such individual's race, color, religious creed, age, 108
sex, gender identity or expression, marital status, national origin, 109
ancestry, present or past history of mental disability, intellectual 110
disability, learning disability, physical disability, including, but not 111
limited to, blindness, [or] status as a veteran or criminal matters of 112
public record, as defined in section 46a-51, as amended by this act; 113
(3) For a labor organization, because of the race, color, religious 114
creed, age, sex, gender identity or expression, marital status, national 115
origin, ancestry, present or past history of mental disability, 116
intellectual disability, learning disability, physical disability, including, 117
but not limited to, blindness, [or] status as a veteran or criminal 118
matters of public record, as defined in section 46a-51, as amended by 119
this act, of any individual to exclude from full membership rights or to 120
expel from its membership such individual or to discriminate in any 121
way against any of its members or against any employer or any 122
individual employed by an employer, unless such action is based on a 123
bona fide occupational qualification; 124
(4) For any person, employer, labor organization or employment 125
agency to discharge, expel or otherwise discriminate against any 126
person because such person has opposed any discriminatory 127
employment practice or because such person has filed a complaint or 128
testified or assisted in any proceeding under section 46a-82, 46a-83 or 129
46a-84; 130
(5) For any person, whether an employer or an employee or not, to 131
aid, abet, incite, compel or coerce the doing of any act declared to be a 132
discriminatory employment practice or to attempt to do so; 133
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(6) For any person, employer, employment agency or labor 134
organization, except in the case of a bona fide occupational 135
qualification or need, to advertise employment opportunities in such a 136
manner as to restrict such employment so as to discriminate against 137
individuals because of their race, color, religious creed, age, sex, 138
gender identity or expression, marital status, national origin, ancestry, 139
present or past history of mental disability, intellectual disability, 140
learning disability, physical disability, including, but not limited to, 141
blindness, [or] status as a veteran or criminal matters of public record, 142
as defined in section 46a-51, as amended by this act; 143
(7) For an employer, by the employer or the employer's agent: (A) 144
To terminate a woman's employment because of her pregnancy; (B) to 145
refuse to grant to that employee a reasonable leave of absence for 146
disability resulting from her pregnancy; (C) to deny to that employee, 147
who is disabled as a result of pregnancy, any compensation to which 148
she is entitled as a result of the accumulation of disability or leave 149
benefits accrued pursuant to plans maintained by the employer; (D) to 150
fail or refuse to reinstate the employee to her original job or to an 151
equivalent position with equivalent pay and accumulated seniority, 152
retirement, fringe benefits and other service credits upon her 153
signifying her intent to return unless, in the case of a private employer, 154
the employer's circumstances have so changed as to make it impossible 155
or unreasonable to do so; (E) to limit, segregate or classify the 156
employee in a way that would deprive her of employment 157
opportunities due to her pregnancy; (F) to discriminate against an 158
employee or person seeking employment on the basis of her 159
pregnancy in the terms or conditions of her employment; (G) to fail or 160
refuse to make a reasonable accommodation for an employee or person 161
seeking employment due to her pregnancy, unless the employer can 162
demonstrate that such accommodation would impose an undue 163
hardship on such employer; (H) to deny employment opportunities to 164
an employee or person seeking employment if such denial is due to the 165
employee's request for a reasonable accommodation due to her 166
pregnancy; (I) to force an employee or person seeking employment 167
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affected by pregnancy to accept a reasonable accommodation if such 168
employee or person seeking employment (i) does not have a known 169
limitation related to her pregnancy, or (ii) does not require a 170
reasonable accommodation to perform the essential duties related to 171
her employment; (J) to require an employee to take a leave of absence 172
if a reasonable accommodation can be provided in lieu of such leave; 173
and (K) to retaliate against an employee in the terms, conditions or 174
privileges of her employment based upon such employee's request for 175
a reasonable accommodation; 176
(8) For an employer, by the employer or the employer's agent, for an 177
employment agency, by itself or its agent, or for any labor 178
organization, by itself or its agent, to harass any employee, person 179
seeking employment or member on the basis of sex or gender identity 180
or expression. "Sexual harassment" shall, for the purposes of this 181
subdivision, be defined as any unwelcome sexual advances or requests 182
for sexual favors or any conduct of a sexual nature when (A) 183
submission to such conduct is made either explicitly or implicitly a 184
term or condition of an individual's employment, (B) submission to or 185
rejection of such conduct by an individual is used as the basis for 186
employment decisions affecting such individual, or (C) such conduct 187
has the purpose or effect of substantially interfering with an 188
individual's work performance or creating an intimidating, hostile or 189
offensive working environment; 190
(9) For an employer, by the employer or the employer's agent, for an 191
employment agency, by itself or its agent, or for any labor 192
organization, by itself or its agent, to request or require information 193
from an employee, person seeking employment or member relating to 194
the individual's child-bearing age or plans, pregnancy, function of the 195
individual's reproductive system, use of birth control methods, or the 196
individual's familial responsibilities, unless such information is 197
directly related to a bona fide occupational qualification or need, 198
provided an employer, through a physician may request from an 199
employee any such information which is directly related to workplace 200
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exposure to substances which may cause birth defects or constitute a 201
hazard to an individual's reproductive system or to a fetus if the 202
employer first informs the employee of the hazards involved in 203
exposure to such substances; 204
(10) For an employer, by the employer or the employer's agent, after 205
informing an employee, pursuant to subdivision (9) of this subsection, 206
of a workplace exposure to substances which may cause birth defects 207
or constitute a hazard to an employee's reproductive system or to a 208
fetus, to fail or refuse, upon the employee's request, to take reasonable 209
measures to protect the employee from the exposure or hazard 210
identified, or to fail or refuse to inform the employee that the measures 211
taken may be the subject of a complaint filed under the provisions of 212
this chapter. Nothing in this subdivision is intended to prohibit an 213
employer from taking reasonable measures to protect an employee 214
from exposure to such substances. For the purpose of this subdivision, 215
"reasonable measures" shall be those measures which are consistent 216
with business necessity and are least disruptive of the terms and 217
conditions of the employee's employment; 218
(11) For an employer, by the employer or the employer's agent, for 219
an employment agency, by itself or its agent, or for any labor 220
organization, by itself or its agent: (A) To request or require genetic 221
information from an employee, person seeking employment or 222
member, or (B) to discharge, expel or otherwise discriminate against 223
any person on the basis of genetic information. For the purpose of this 224
subdivision, "genetic information" means the information about genes, 225
gene products or inherited characteristics that may derive from an 226
individual or a family member. 227
Sec. 3. Subsection (c) of section 8-169s of the general statutes is 228
repealed and the following is substituted in lieu thereof (Effective 229
October 1, 2019): 230
(c) The legislative body may, by resolution, vote to transfer the 231
urban homesteading property with or without compensation to the 232
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applicant selected pursuant to subsection (b) of this section. Such 233
transfer shall be made pursuant to a contract of sale and rehabilitation 234
or construction which shall provide among other things that (1) the 235
property transferred be rehabilitated or constructed predominantly for 236
residential use and be brought into and maintained in conformity with 237
applicable health, housing and building code standard; (2) the 238
rehabilitation or construction shall commence and be completed 239
within a period of time as determined by the urban homesteading 240
agency; (3) prior to the issuance of a certificate of occupancy by the 241
building official no transfer of the property or any interest therein, 242
except a transfer to a bona fide mortgagee or similar lien holder, may 243
be made by the homesteader without the approval of the urban 244
homesteading agency, provided any such transfer may only be made 245
for a consideration not in excess of the cost of the property to the 246
homesteader together with the costs of any improvements made or 247
construction thereon by the homesteader; (4) in the sale or rental of the 248
property, or any portion of such property, no person shall be 249
discriminated against because of such person's race, color, religion, 250
sex, gender identity or expression, [or] national origin or criminal 251
matters of public record, as defined in section 46a-51, as amended by 252
this act; and (5) representatives of the urban homesteading agency, the 253
municipality, and where state or federal assistance is involved, 254
representatives of the federal and state governments, shall have access 255
to the property during normal business hours for the purpose of 256
inspecting compliance with the provisions of this subsection. 257
Sec. 4. Section 8-265c of the general statutes is repealed and the 258
following is substituted in lieu thereof (Effective October 1, 2019): 259
The authority shall require that occupancy of all housing financed 260
or otherwise assisted under this chapter be open to all persons 261
regardless of race, creed, color, national origin or ancestry, sex or 262
gender identity or expression and that the contractors and 263
subcontractors engaged in the construction or rehabilitation of such 264
housing shall take affirmative action to provide equal opportunity for 265
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employment without discrimination as to race, creed, color, national 266
origin or ancestry, sex, [or] gender identity or expression or criminal 267
matters of public record, as defined in section 46a-51, as amended by 268
this act. 269
Sec. 5. Subsection (c) of section 8-294 of the general statutes is 270
repealed and the following is substituted in lieu thereof (Effective 271
October 1, 2019): 272
(c) The legislative body may, by resolution, vote to transfer the 273
urban rehabilitation property with or without compensation to the 274
person selected pursuant to subsection (b) of this section. Such transfer 275
shall be made pursuant to a contract of sale and rehabilitation which 276
shall provide among other things that (1) the property transferred be 277
rehabilitated predominantly for industrial or commercial use and be 278
brought into and maintained in conformity with applicable health, 279
housing and building code standards; (2) that the rehabilitation shall 280
commence and be completed within a period of time as determined by 281
the urban rehabilitation agency; (3) prior to the issuance of a certificate 282
of occupancy by the building official, no transfer of the property or any 283
interest therein, except a transfer to a bona fide mortgagee or similar 284
lien holder, may be made by the rehabilitator without the approval of 285
the urban rehabilitation agency, provided any such transfer may only 286
be made for a consideration not in excess of the cost of the property to 287
the rehabilitator together with the costs of any improvements made 288
thereon by the rehabilitator; (4) in the sale or rental of the property, or 289
any portion of such property, no person shall be discriminated against 290
because of such person's race, color, religion, sex, gender identity, [or] 291
expression or national origin or criminal matters of public record, as 292
defined in section 46a-51, as amended by this act; (5) representatives of 293
the urban rehabilitation agency, representatives of the municipality, 294
and if state or federal assistance is involved, representatives of the 295
federal and state governments shall be allowed access to the property 296
during normal business hours for the purpose of inspecting 297
compliance with the provisions of this subsection. 298
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Sec. 6. Section 8-315 of the general statutes is repealed and the 299
following is substituted in lieu thereof (Effective October 1, 2019): 300
The municipality shall take all necessary steps to insure that 301
occupancy of all housing financed or otherwise assisted pursuant to 302
this chapter be open to all persons regardless of race, creed, color, 303
national origin or ancestry, sex, gender identity or expression, age, [or] 304
physical disability or criminal matters of public record, as defined in 305
section 46a-51, as amended by this act. 306
Sec. 7. Subsection (b) of section 10a-6 of the general statutes is 307
repealed and the following is substituted in lieu thereof (Effective 308
October 1, 2019): 309
(b) Within the limits of authorized expenditures, the policies of the 310
state system of higher education shall be consistent with (1) the 311
following goals: (A) To ensure that no qualified person be denied the 312
opportunity for higher education on the basis of age, sex, gender 313
identity or expression, ethnic background, [or] social, physical or 314
economic condition or criminal matters of public record, as defined in 315
section 46a-51, as amended by this act, (B) to protect academic 316
freedom, (C) to provide opportunities for education and training 317
related to the economic, cultural and educational development of the 318
state, (D) to assure the fullest possible use of available resources in 319
public and private institutions of higher education, (E) to maintain 320
standards of quality ensuring a position of national leadership for state 321
institutions of higher education, (F) to apply the resources of higher 322
education to the problems of society, and (G) to foster flexibility in the 323
policies and institutions of higher education to enable the system to 324
respond to changes in the economy, society, technology and student 325
interests; and (2) the goals for higher education in the state identified 326
in section 10a-11c. Said board shall review recent studies of the need 327
for higher education services, with special attention to those completed 328
pursuant to legislative action, and to meet such needs shall initiate 329
additional programs or services through one or more of the constituent 330
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units. 331
Sec. 8. Subsection (a) of section 11-24b of the general statutes is 332
repealed and the following is substituted in lieu thereof (Effective 333
October 1, 2019): 334
(a) Each principal public library, as defined in section 11-24a, shall 335
be eligible to receive a state grant in accordance with the provisions of 336
subsections (b), (c) and (d) of this section provided the following 337
requirements are met: 338
(1) An annual statistical report which includes certification that the 339
grant, when received, shall be used for library purposes is filed with 340
the State Library Board in such manner as the board may require. The 341
report shall include information concerning local library governance, 342
hours of service, type of facilities, library policies, resources, programs 343
and services available, measurement of levels of services provided, 344
personnel and fiscal information concerning library receipts and 345
expenditures; 346
(2) Documents certifying the legal establishment of the principal 347
public library in accordance with the provisions of section 11-20 are 348
filed with the board; 349
(3) The library is a participating library in the Connecticard program 350
established pursuant to section 11-31b; 351
(4) Except for the fiscal years ending June 30, 2010, to June 30, 2015, 352
inclusive, the principal public library shall not have had the amount of 353
its annual tax levy or appropriation reduced to an amount which is 354
less than the average amount levied or appropriated for the library for 355
the three fiscal years immediately preceding the year of the grant, 356
except that if the expenditures of the library in any one year in such 357
three-year period are unusually high as compared with expenditures 358
in the other two years, the library may request an exception to this 359
requirement and the board, upon review of the expenditures for that 360
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year, may grant an exception; 361
(5) State grant funds shall be expended within two years of the date 362
of receipt of such funds. If the funds are not expended in that period, 363
the library shall submit a plan to the State Librarian for the 364
expenditure of any unspent balance; 365
(6) Principal public libraries shall not charge individuals residing in 366
the town in which the library is located or the town in which the 367
contract library is located for borrowing and lending library materials, 368
accessing information, advice and assistance and programs and 369
services which promote literacy; and 370
(7) Principal public libraries shall provide equal access to library 371
service for all individuals and shall not discriminate upon the basis of 372
age, race, sex, gender identity or expression, religion, national origin, 373
handicap, [or] place of residency in the town in which the library is 374
located or the town in which the contract library is located or criminal 375
matters of public record, as defined in section 46a-51, as amended by 376
this act. 377
Sec. 9. Section 16-245r of the general statutes is repealed and the 378
following is substituted in lieu thereof (Effective October 1, 2019): 379
No electric supplier, as defined in section 16-1, shall refuse to 380
provide electric generation services to, or refuse to negotiate to provide 381
such services to any customer because of age, race, creed, color, 382
national origin, ancestry, sex, gender identity or expression, marital 383
status, sexual orientation, lawful source of income, disability, [or] 384
familial status or criminal matters of public record, as defined in 385
section 46a-51, as amended by this act. No electric supplier shall 386
decline to provide electric generation services to a customer for the 387
sole reason that the customer is located in an economically distressed 388
geographic area or the customer qualifies for hardship status under 389
section 16-262c. No electric supplier shall terminate or refuse to 390
reinstate electric generation services except in accordance with the 391
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provisions of this title. 392
Sec. 10. Section 16-247r of the general statutes is repealed and the 393
following is substituted in lieu thereof (Effective October 1, 2019): 394
No telephone company or certified telecommunications provider, as 395
defined in section 16-1, shall refuse to provide telecommunications 396
services to, or refuse to negotiate to provide such services to any 397
customer because of age, race, creed, color, national origin, ancestry, 398
sex, gender identity or expression, marital status, sexual orientation, 399
lawful source of income, disability, [or] familial status or criminal 400
matters of public record, as defined in section 46a-51, as amended by 401
this act. No telephone company or certified telecommunications 402
provider shall decline to provide telecommunications services to a 403
customer for the sole reason that the customer is located in an 404
economically distressed geographic area or the customer qualifies for 405
hardship status under section 16-262c. No telephone company or 406
certified telecommunications provider shall terminate or refuse to 407
reinstate telecommunications services except in accordance with the 408
provisions of this title. 409
Sec. 11. Subsection (b) of section 28-15 of the general statutes is 410
repealed and the following is substituted in lieu thereof (Effective 411
October 1, 2019): 412
(b) No person shall discriminate on the basis of race, color, religious 413
creed, sex, gender identity or expression, age, national origin, ancestry, 414
[or] economic status or criminal matters of public record, as defined in 415
section 46a-51, as amended by this act, in carrying out any provision of 416
this chapter or any federal major disaster or emergency assistance 417
function in this state. 418
Sec. 12. Section 31-22p of the general statutes is repealed and the 419
following is substituted in lieu thereof (Effective October 1, 2019): 420
The Labor Commissioner, with the advice and guidance of the 421
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council, shall formulate work training standards which will ensure 422
necessary safeguards for the welfare of apprentices and a full craft 423
experience in any skill, in order to provide equal opportunities to all, 424
without regard to their race, color, religion, sex, gender identity or 425
expression, age, [or] national origin or criminal matters of public 426
record, as defined in section 46a-51, as amended by this act, and to 427
provide training, employment and upgrading opportunities for 428
disadvantaged workers to acquire a comprehensive skilled work 429
experience and to extend the application of such standards of skill 430
training by inclusion thereof in apprenticeship agreements, and shall 431
bring together representatives of management and labor for the 432
development of training programs and terms of apprenticeship 433
incidental thereto and cooperate with state and federal agencies 434
similarly interested in furtherance of training requirements in keeping 435
with established and new processes of Connecticut industries. The 436
Labor Commissioner shall publish information relating to existing and 437
proposed work standards of apprenticeship, hold area conferences 438
throughout the state for the purpose of promoting interest in skilled 439
trades training and appoint such advisory committees as may be 440
deemed necessary to evaluate the skilled manpower requirements of 441
Connecticut in order to cope with any new technological changes in 442
industry. 443
Sec. 13. Subsection (e) of section 31-57e of the general statutes is 444
repealed and the following is substituted in lieu thereof (Effective 445
October 1, 2019): 446
(e) The Employment Rights Code referred to under this section shall 447
include the following provisions: 448
(1) A commercial enterprise subject to tribal jurisdiction shall not, 449
except in the case of a bona fide occupational qualification or need, 450
refuse to hire or employ or bar or discharge from employment any 451
individual or discriminate against him or her in compensation or in 452
terms, conditions or privileges of employment because of the 453
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individual's race, color, religious creed, sex, gender identity or 454
expression, marital status, national origin, ancestry, age, present or 455
past history of mental disorder, intellectual disability, sexual 456
orientation, learning or physical disability, political activity, union 457
activity, [or] criminal matters of public record, as defined in section 458
46a-51 as amended by this act, or the exercise of rights protected by the 459
United States Constitution. This subdivision shall not be construed to 460
restrict the right of a tribe to give preference in hiring to members of 461
the tribe. 462
(2) A commercial enterprise subject to tribal jurisdiction shall not 463
deny any individual, including a representative of a labor 464
organization, seeking to ensure compliance with this section, access to 465
employees of the tribe's commercial enterprise during nonwork time in 466
nonwork areas. The tribe shall not permit any supervisor, manager or 467
other agent of the tribe to restrict or otherwise interfere with such 468
access. 469
(3) When a labor organization claims that it has been designated or 470
selected for the purposes of collective bargaining by the majority of the 471
employees in a unit appropriate for such purposes, the labor 472
organization may apply to an arbitrator to verify the claim pursuant to 473
subdivision (4) of this subsection. If the arbitrator verifies that the labor 474
organization has been designated or selected as the bargaining 475
representative by a majority of the employees in an appropriate unit, 476
the tribe shall, upon request, recognize the labor organization as the 477
exclusive bargaining agent and bargain in good faith with the labor 478
organization in an effort to reach a collective bargaining agreement. 479
However, the arbitrator shall disallow any claim by a labor 480
organization that is dominated or controlled by the tribe. 481
(4) (A) Any individual or organization claiming to be injured by a 482
violation of any provision of this subsection shall have the right to seek 483
binding arbitration under the rules of the American Arbitration 484
Association. Such individual or organization shall file a demand for 485
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arbitration with the tribe not later than one hundred eighty days after 486
the employee or labor organization knows or should know of the 487
tribe's violation of any provision of this subsection. The demand shall 488
state, in plain language, the facts giving rise to the demand. 489
(B) The demand for arbitration shall also be served upon the 490
Connecticut office of the American Arbitration Association. Absent 491
settlement, a hearing shall be held in accordance with the rules and 492
procedures of the American Arbitration Association. The costs and fees 493
of the arbitrator shall be shared equally by the tribe and the labor 494
organization. 495
(C) The decision of the arbitrator shall be final and binding on both 496
parties and shall be subject to judicial review and enforcement against 497
all parties in the manner prescribed by chapter 909. 498
(5) A tribe shall not retaliate against any individual who exercises 499
any right under the Employment Rights Code. Any individual or 500
organization claiming to be injured by a violation of the provisions of 501
this section shall have the right to seek binding arbitration pursuant to 502
subdivision (4) of this subsection. 503
Sec. 14. Section 32-277 of the general statutes is repealed and the 504
following is substituted in lieu thereof (Effective October 1, 2019): 505
A regional corporation shall not provide any financial assistance 506
authorized by sections 32-271 to 32-284, inclusive, unless the following 507
conditions are met: 508
(1) The applicant has demonstrated that there is little prospect of 509
obtaining the conventional project financing requested from either 510
private or public sources of funding within the region, and that there is 511
little prospect of obtaining adequate project financing from private 512
sources of capital, or in the case of a loan guarantee, that there is little 513
prospect of obtaining project financing without the guarantee; 514
(2) There is a reasonable prospect of repayment; 515
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(3) The project is located in the region represented by the regional 516
corporation; 517
(4) The project will comply with any applicable environmental rules 518
or regulations; 519
(5) The applicant has certified that it will not discriminate against 520
any employee or any applicant for employment because of race, 521
religion, color, national origin, sex, gender identity, [or] expression or 522
age or criminal matters of public record, as defined in section 46a-51, 523
as amended by this act; 524
(6) A staff member or a representative of the regional corporation 525
acting in an official capacity has personally visited the project site and 526
the applicant's place of business; and 527
(7) Financial commitments or contingent financial commitments for 528
the project have been obtained from other public and private sources. 529
Sec. 15. Section 38a-358 of the general statutes is repealed and the 530
following is substituted in lieu thereof (Effective October 1, 2019): 531
The declination, cancellation or nonrenewal of a policy for private 532
passenger nonfleet automobile insurance is prohibited if the 533
declination, cancellation or nonrenewal is based: (1) On the race, 534
religion, nationality or ethnicity of the applicant or named insured; (2) 535
solely on the lawful occupation or profession of the applicant or 536
named insured, except that this provision shall not apply to any 537
insurer which limits its market to one lawful occupation or profession 538
or to several related lawful occupations or professions; (3) on the 539
principal location of the insured motor vehicle unless such decision is 540
for a business purpose which is not a mere pretext for unfair 541
discrimination; (4) solely on the age, sex, gender identity, [or] 542
expression or marital status of an applicant or an insured or criminal 543
matters of public record, as defined in section 46a-51, as amended by 544
this act, except that this subdivision shall not apply to an insurer in an 545
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insurer group if one or more other insurers in the group would not 546
decline an application for essentially similar coverage based upon such 547
reasons; (5) on the fact that the applicant or named insured previously 548
obtained insurance coverage through a residual market; (6) on the fact 549
that another insurer previously declined to insure the applicant or 550
terminated an existing policy in which the applicant was the named 551
insured; (7) the first or second accident within the current experience 552
period in relation to which the applicant or insured was not convicted 553
of a moving traffic violation and was not at fault; or (8) solely on 554
information contained in an insured's or applicant's credit history or 555
credit rating or solely on an applicant's lack of credit history. For the 556
purposes of subdivision (8) of this section, an insurer shall not be 557
deemed to have declined, cancelled or nonrenewed a policy if 558
coverage is available through an affiliated insurer. 559
Sec. 16. Section 42-125a of the general statutes is repealed and the 560
following is substituted in lieu thereof (Effective October 1, 2019): 561
It is the policy of the state of Connecticut to oppose restraints of 562
trade and unfair trade practices in the form of discriminatory boycotts 563
which are not specifically authorized by the law of the United States 564
and which are fostered or imposed by foreign persons, foreign 565
governments or international organizations against any domestic 566
individual on the basis of race, color, creed, religion, sex, gender 567
identity or expression, nationality, [or] national origin or criminal 568
matters of public record, as defined in section 46a-51, as amended by 569
this act. It is also the policy of the state to oppose any actions, 570
including the formation or continuance of agreements, understandings 571
or contractual arrangements, expressed or implied, which have the 572
effect of furthering such discriminatory boycotts, in order that the 573
peace, health, safety, prosperity and general welfare of all the 574
inhabitants of the state may be protected and ensured. This chapter 575
shall be deemed an exercise of the police power of the state for the 576
protection of the people of this state and shall be administered and 577
principally enforced by the Attorney General. The provisions of this 578
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chapter shall be construed liberally so as to effectuate this declaration 579
of policy and the laws and Constitution of the United States, but 580
nothing in this chapter shall be construed to infringe upon the right of 581
the United States government to regulate interstate and foreign 582
commerce. 583
Sec. 17. Subsection (c) of section 42-125b of the general statutes is 584
repealed and the following is substituted in lieu thereof (Effective 585
October 1, 2019): 586
(c) "Participating in a discriminatory boycott" means the entering 587
into or performing of any agreement, understanding or contractual 588
arrangement for economic benefit by any person with any foreign 589
government, foreign person or international organization, which is not 590
specifically authorized by the laws of the United States and which is 591
required or imposed, either directly or indirectly, overtly or covertly, 592
by the foreign government, foreign person or international 593
organization in order to restrict, condition, prohibit or interfere with 594
any business relationship in this state on the basis of a domestic 595
individual's race, color, creed, religion, sex, gender identity or 596
expression, nationality, [or] national origin or criminal matters of 597
public record, as defined in section 46a-51, as amended by this act; 598
provided, handling, altering or shipping goods or complying with the 599
commercial laws of a foreign country, unless such laws require 600
discrimination against a domestic individual on the basis of race, color, 601
creed, religion, sex, gender identity or expression, nationality, [or] 602
national origin or criminal matters of public record, as defined in 603
section 46a-51, as amended by this act, shall not constitute a 604
discriminatory boycott; 605
Sec. 18. Subsection (a) of section 46a-59 of the general statutes is 606
repealed and the following is substituted in lieu thereof (Effective 607
October 1, 2019): 608
(a) It shall be a discriminatory practice in violation of this section for 609
any association, board or other organization the principal purpose of 610
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which is the furtherance of the professional or occupational interests of 611
its members, whose profession, trade or occupation requires a state 612
license, to refuse to accept a person as a member of such association, 613
board or organization because of his race, national origin, creed, sex, 614
gender identity or expression, color or status as a veteran or criminal 615
matters of public record, as defined in section 46a-51, as amended by 616
this act. 617
Sec. 19. Subsection (a) of section 46a-64 of the general statutes is 618
repealed and the following is substituted in lieu thereof (Effective 619
October 1, 2019): 620
(a) It shall be a discriminatory practice in violation of this section: (1) 621
To deny any person within the jurisdiction of this state full and equal 622
accommodations in any place of public accommodation, resort or 623
amusement because of race, creed, color, national origin, ancestry, sex, 624
gender identity or expression, marital status, age, lawful source of 625
income, criminal matters of public record, as defined in section 46a-51, 626
as amended by this act, intellectual disability, mental disability, 627
physical disability, including, but not limited to, blindness or deafness, 628
or status as a veteran, of the applicant, subject only to the conditions 629
and limitations established by law and applicable alike to all persons; 630
(2) to discriminate, segregate or separate on account of race, creed, 631
color, national origin, ancestry, sex, gender identity or expression, 632
marital status, age, lawful source of income, criminal matters of public 633
record, as defined in section 46a-51, as amended by this act, intellectual 634
disability, mental disability, learning disability, physical disability, 635
including, but not limited to, blindness or deafness, or status as a 636
veteran; (3) for a place of public accommodation, resort or amusement 637
to restrict or limit the right of a mother to breast-feed her child; (4) for 638
a place of public accommodation, resort or amusement to fail or refuse 639
to post a notice, in a conspicuous place, that any blind, deaf or mobility 640
impaired person, accompanied by his guide dog wearing a harness or 641
an orange-colored leash and collar, may enter such premises or 642
facilities; or (5) to deny any blind, deaf or mobility impaired person or 643
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any person training a dog as a guide dog for a blind person or a dog to 644
assist a deaf or mobility impaired person, accompanied by his guide 645
dog or assistance dog, full and equal access to any place of public 646
accommodation, resort or amusement. Any blind, deaf or mobility 647
impaired person or any person training a dog as a guide dog for a 648
blind person or a dog to assist a deaf or mobility impaired person may 649
keep his guide dog or assistance dog with him at all times in such 650
place of public accommodation, resort or amusement at no extra 651
charge, provided the dog wears a harness or an orange-colored leash 652
and collar and is in the direct custody of such person. The blind, deaf 653
or mobility impaired person or person training a dog as a guide dog 654
for a blind person or a dog to assist a deaf or mobility impaired person 655
shall be liable for any damage done to the premises or facilities by his 656
dog. For purposes of this subdivision, "guide dog" or "assistance dog" 657
includes a dog being trained as a guide dog or assistance dog and 658
"person training a dog as a guide dog for a blind person or a dog to 659
assist a deaf or mobility impaired person" means a person who is 660
employed by and authorized to engage in designated training 661
activities by a guide dog organization or assistance dog organization 662
that complies with the criteria for membership in a professional 663
association of guide dog or assistance dog schools and who carries 664
photographic identification indicating such employment and 665
authorization. 666
Sec. 20. Subsection (a) of section 46a-64c of the general statutes is 667
repealed and the following is substituted in lieu thereof (Effective 668
October 1, 2019): 669
(a) It shall be a discriminatory practice in violation of this section: 670
(1) To refuse to sell or rent after the making of a bona fide offer, or 671
to refuse to negotiate for the sale or rental of, or otherwise make 672
unavailable or deny, a dwelling to any person because of race, creed, 673
color, national origin, ancestry, sex, gender identity or expression, 674
marital status, age, lawful source of income, familial status, [or] status 675
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as a veteran or criminal matters of public record, as defined in section 676
46a-51, as amended by this act. 677
(2) To discriminate against any person in the terms, conditions, or 678
privileges of sale or rental of a dwelling, or in the provision of services 679
or facilities in connection therewith, because of race, creed, color, 680
national origin, ancestry, sex, gender identity or expression, marital 681
status, age, lawful source of income, familial status, [or] status as a 682
veteran or criminal matters of public record, as defined in section 46a-683
51, as amended by this act. 684
(3) To make, print or publish, or cause to be made, printed or 685
published any notice, statement, or advertisement, with respect to the 686
sale or rental of a dwelling that indicates any preference, limitation, or 687
discrimination based on race, creed, color, national origin, ancestry, 688
sex, gender identity or expression, marital status, age, lawful source of 689
income, criminal matters of public record, as defined in section 46a-51, 690
as amended by this act, familial status, learning disability, physical or 691
mental disability or status as a veteran, or an intention to make any 692
such preference, limitation or discrimination. 693
(4) (A) To represent to any person because of race, creed, color, 694
national origin, ancestry, sex, gender identity or expression, marital 695
status, age, lawful source of income, criminal matters of public record, 696
as defined in section 46a-51, as amended by this act, familial status, 697
learning disability, physical or mental disability or status as a veteran 698
that any dwelling is not available for inspection, sale or rental when 699
such dwelling is in fact so available. 700
(B) It shall be a violation of this subdivision for any person to 701
restrict or attempt to restrict the choices of any buyer or renter to 702
purchase or rent a dwelling (i) to an area which is substantially 703
populated, even if less than a majority, by persons of the same 704
protected class as the buyer or renter, (ii) while such person is 705
authorized to offer for sale or rent another dwelling which meets the 706
housing criteria as expressed by the buyer or renter to such person, 707
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and (iii) such other dwelling is in an area which is not substantially 708
populated by persons of the same protected class as the buyer or 709
renter. As used in this subdivision, "area" means municipality, 710
neighborhood or other geographic subdivision which may include an 711
apartment or condominium complex; and "protected class" means race, 712
creed, color, national origin, ancestry, sex, gender identity or 713
expression, marital status, age, lawful source of income, familial status, 714
learning disability, physical or mental disability or status as a veteran. 715
(5) For profit, to induce or attempt to induce any person to sell or 716
rent any dwelling by representations regarding the entry or 717
prospective entry into the neighborhood of a person or persons of a 718
particular race, creed, color, national origin, ancestry, sex, gender 719
identity or expression, marital status, age, lawful source of income, 720
criminal matters of public record, as defined in section 46a-51, as 721
amended by this act, familial status, learning disability, physical or 722
mental disability or status as a veteran. 723
(6) (A) To discriminate in the sale or rental, or to otherwise make 724
unavailable or deny, a dwelling to any buyer or renter because of a 725
learning disability or physical or mental disability of: (i) Such buyer or 726
renter; (ii) a person residing in or intending to reside in such dwelling 727
after it is so sold, rented, or made available; or (iii) any person 728
associated with such buyer or renter. 729
(B) To discriminate against any person in the terms, conditions or 730
privileges of sale or rental of a dwelling, or in the provision of services 731
or facilities in connection with such dwelling, because of a learning 732
disability or physical or mental disability of: (i) Such person; or (ii) a 733
person residing in or intending to reside in such dwelling after it is so 734
sold, rented, or made available; or (iii) any person associated with such 735
person. 736
(C) For purposes of this subdivision, discrimination includes: (i) A 737
refusal to permit, at the expense of a person with a physical or mental 738
disability, reasonable modifications of existing premises occupied or to 739
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be occupied by such person if such modifications may be necessary to 740
afford such person full enjoyment of the premises; except that, in the 741
case of a rental, the landlord may, where it is reasonable to do so, 742
condition permission for a modification on the renter agreeing to 743
restore the interior of the premises to the condition that existed before 744
the modification, reasonable wear and tear excepted; (ii) a refusal to 745
make reasonable accommodations in rules, policies, practices or 746
services, when such accommodations may be necessary to afford such 747
person equal opportunity to use and enjoy a dwelling; (iii) in 748
connection with the design and construction of covered multifamily 749
dwellings for the first occupancy after March 13, 1991, a failure to 750
design and construct those dwellings in such manner that they comply 751
with the requirements of Section 804(f) of the Fair Housing Act or the 752
provisions of the state building code as adopted pursuant to the 753
provisions of sections 29-269 and 29-273, whichever requires greater 754
accommodation. "Covered multifamily dwellings" means buildings 755
consisting of four or more units if such buildings have one or more 756
elevators, and ground floor units in other buildings consisting of four 757
or more units. 758
(7) For any person or other entity engaging in residential real-estate-759
related transactions to discriminate against any person in making 760
available such a transaction, or in the terms or conditions of such a 761
transaction, because of race, creed, color, national origin, ancestry, sex, 762
gender identity or expression, marital status, age, lawful source of 763
income, familial status, learning disability, physical or mental 764
disability, [or] status as a veteran or criminal matters of public record, 765
as defined in section 46a-51, as amended by this act. 766
(8) To deny any person access to or membership or participation in 767
any multiple-listing service, real estate brokers' organization or other 768
service, organization, or facility relating to the business of selling or 769
renting dwellings, or to discriminate against him in the terms or 770
conditions of such access, membership or participation, on account of 771
race, creed, color, national origin, ancestry, sex, gender identity or 772
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expression, marital status, age, lawful source of income, familial status, 773
learning disability, physical or mental disability, [or] status as a 774
veteran or criminal matters of public record, as defined in section 46a-775
51, as amended by this act. 776
(9) To coerce, intimidate, threaten, or interfere with any person in 777
the exercise or enjoyment of, or on account of his having exercised or 778
enjoyed, or on account of his having aided or encouraged any other 779
person in the exercise or enjoyment of, any right granted or protected 780
by this section. 781
Sec. 21. Subsection (e) of section 46a-64c of the general statutes is 782
repealed and the following is substituted in lieu thereof (Effective 783
October 1, 2019): 784
(e) Nothing in this section prohibits a person engaged in the 785
business of furnishing appraisals of real property to take into 786
consideration factors other than race, creed, color, national origin, 787
ancestry, sex, gender identity or expression, marital status, age, lawful 788
source of income, familial status, learning disability, physical or mental 789
disability, [or] status as a veteran or criminal matters of public record, 790
as defined in section 46a-51, as amended by this act. 791
Sec. 22. Subsection (a) of section 46a-66 of the general statutes is 792
repealed and the following is substituted in lieu thereof (Effective 793
October 1, 2019): 794
(a) It shall be a discriminatory practice in violation of this section for 795
any creditor to discriminate on the basis of sex, gender identity or 796
expression, age, race, color, religious creed, national origin, ancestry, 797
marital status, intellectual disability, learning disability, blindness, 798
physical disability or status as a veteran or criminal matters of public 799
record, as defined in section 46a-51, as amended by this act, against 800
any person eighteen years of age or over in any credit transaction. 801
Sec. 23. Subsection (a) of section 46a-70 of the general statutes is 802
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repealed and the following is substituted in lieu thereof (Effective 803
October 1, 2019): 804
(a) State officials and supervisory personnel shall recruit, appoint, 805
assign, train, evaluate and promote state personnel on the basis of 806
merit and qualifications, without regard for race, color, religious creed, 807
sex, gender identity or expression, marital status, age, national origin, 808
ancestry, status as a veteran, criminal matters of public record, as 809
defined in section 46a-51, as amended by this act, intellectual 810
disability, mental disability, learning disability or physical disability, 811
including, but not limited to, blindness, unless it is shown by such 812
state officials or supervisory personnel that such disability prevents 813
performance of the work involved. 814
Sec. 24. Subsection (a) of section 46a-71 of the general statutes is 815
repealed and the following is substituted in lieu thereof (Effective 816
October 1, 2019): 817
(a) All services of every state agency shall be performed without 818
discrimination based upon race, color, religious creed, sex, gender 819
identity or expression, marital status, age, national origin, ancestry, 820
intellectual disability, mental disability, learning disability, physical 821
disability, including, but not limited to, blindness, [or] status as a 822
veteran or criminal matters of public record, as defined in section 46a-823
51, as amended by this act. 824
Sec. 25. Subsection (b) of section 46a-72 of the general statutes is 825
repealed and the following is substituted in lieu thereof (Effective 826
October 1, 2019): 827
(b) Any job request indicating an intention to exclude any person 828
because of race, color, religious creed, sex, gender identity or 829
expression, marital status, age, national origin, ancestry, status as a 830
veteran, criminal matters of public record, as defined in section 46a-51, 831
as amended by this act, intellectual disability, mental disability, 832
learning disability or physical disability, including, but not limited to, 833
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blindness, shall be rejected, unless it is shown by such public or private 834
employers that such disability prevents performance of the work 835
involved. 836
Sec. 26. Subsection (a) of section 46a-73 of the general statutes is 837
repealed and the following is substituted in lieu thereof (Effective 838
October 1, 2019): 839
(a) No state department, board or agency may grant, deny or revoke 840
the license or charter of any person on the grounds of race, color, 841
religious creed, sex, gender identity or expression, marital status, age, 842
national origin, ancestry, status as a veteran, criminal matters of public 843
record, as defined in section 46a-51, as amended by this act, intellectual 844
disability, mental disability, learning disability or physical disability, 845
including, but not limited to, blindness, unless it is shown by such 846
state department, board or agency that such disability prevents 847
performance of the work involved. 848
Sec. 27. Subsection (a) of section 46a-75 of the general statutes is 849
repealed and the following is substituted in lieu thereof (Effective 850
October 1, 2019): 851
(a) All educational, counseling, and vocational guidance programs 852
and all apprenticeship and on-the-job training programs of state 853
agencies, or in which state agencies participate, shall be open to all 854
qualified persons, without regard to race, color, religious creed, sex, 855
gender identity or expression, marital status, age, national origin, 856
ancestry, intellectual disability, mental disability, learning disability, 857
physical disability, including, but not limited to, blindness, [or] status 858
as a veteran or criminal matters of public record, as defined in section 859
46a-51, as amended by this act. 860
Sec. 28. Subsection (a) of section 46a-76 of the general statutes is 861
repealed and the following is substituted in lieu thereof (Effective 862
October 1, 2019): 863
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(a) Race, color, religious creed, sex, gender identity or expression, 864
marital status, age, national origin, ancestry, intellectual disability, 865
mental disability, learning disability, physical disability, including, but 866
not limited to, blindness, [or] status as a veteran or criminal matters of 867
public record, as defined in section 46a-51, as amended by this act, 868
shall not be considered as limiting factors in state-administered 869
programs involving the distribution of funds to qualify applicants for 870
benefits authorized by law. 871
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 46a-51
Sec. 2 October 1, 2019 46a-60(b)
Sec. 3 October 1, 2019 8-169s(c)
Sec. 4 October 1, 2019 8-265c
Sec. 5 October 1, 2019 8-294(c)
Sec. 6 October 1, 2019 8-315
Sec. 7 October 1, 2019 10a-6(b)
Sec. 8 October 1, 2019 11-24b(a)
Sec. 9 October 1, 2019 16-245r
Sec. 10 October 1, 2019 16-247r
Sec. 11 October 1, 2019 28-15(b)
Sec. 12 October 1, 2019 31-22p
Sec. 13 October 1, 2019 31-57e(e)
Sec. 14 October 1, 2019 32-277
Sec. 15 October 1, 2019 38a-358
Sec. 16 October 1, 2019 42-125a
Sec. 17 October 1, 2019 42-125b(c)
Sec. 18 October 1, 2019 46a-59(a)
Sec. 19 October 1, 2019 46a-64(a)
Sec. 20 October 1, 2019 46a-64c(a)
Sec. 21 October 1, 2019 46a-64c(e)
Sec. 22 October 1, 2019 46a-66(a)
Sec. 23 October 1, 2019 46a-70(a)
Sec. 24 October 1, 2019 46a-71(a)
Sec. 25 October 1, 2019 46a-72(b)
Sec. 26 October 1, 2019 46a-73(a)
Sec. 27 October 1, 2019 46a-75(a)
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Sec. 28 October 1, 2019 46a-76(a)
Statement of Purpose:
To prohibit discrimination based on a person's criminal history.
[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.]
Co-Sponsors: REP. PORTER, 94th Dist.; REP. GIBSON, 15th Dist.
REP. SIMMS, 140th Dist.; REP. HALL, 7th Dist.
REP. ELLIOTT, 88th Dist.; REP. MILLER P., 145th Dist.
REP. NOLAN AN, 39th Dist.; REP. WINKLER, 56th Dist.
H.B. 6921