Connecticut Senate Bill SB00761

Connecticut 2019 Regular Session

• Introduced: 1/29/19
• Refer: 1/29/19
• Refer: 3/15/19
• Report Pass: 4/10/19
• Refer: 4/23/19
• Report Pass: 4/30/19
• Engrossed: 5/28/19
• Report Pass: 5/30/19

Caption

An Act Promoting The Use Of Honest Recommendations Between Employers And Prohibiting An Employer's Use Of A Nondisclosure Agreement Relating To Acts Of Discrimination Occurring In The Employer's Workplace.

Impact

If enacted, SB00761 would amend existing employment law by imposing requirements on employers to reveal specific information about employees' past misconduct. Notably, employers who share positive recommendations would face liability if they fail to disclose incidents of sexual harassment or sexual assault. The legislation intends to hold employers accountable for their representations about former employees, thereby prioritizing the safety and well-being of future employees. This change is expected to provide more protections against workplace discrimination and enhance employee rights.

Summary

SB00761, known as 'An Act Promoting The Use Of Honest Recommendations Between Employers And Prohibiting An Employer's Use Of A Nondisclosure Agreement Relating To Acts Of Discrimination Occurring In The Employer's Workplace', aims to enhance transparency in hiring practices by addressing the use of nondisclosure agreements (NDAs) by employers. It requires employers to disclose any known acts of sexual harassment or sexual assault committed by employees when providing recommendations for current or former employees. The bill's primary goal is to protect prospective employees from being misled about an applicant's past behavior, thereby promoting a safer work environment.

Sentiment

The sentiment surrounding SB00761 is mixed. Supporters, including advocates for employee rights and workplace safety, view the bill as a progressive step towards reducing the prevalence of workplace discrimination and harassment. They argue that it empowers employees by allowing them to make informed decisions about potential employers. Conversely, opponents express concerns about the potential negative implications for employers, fearing that disclosing past misconduct might deter them from providing honest assessments or discourage hiring decisions altogether, leading to unintended consequences.

Contention

Key points of contention stem from the balancing act between protecting employees and maintaining employers' rights. Critics argue that the bill may create a chilling effect on employer recommendations, where employers might opt to remain silent rather than risk liability. Furthermore, the question of what constitutes adequate disclosure and the standards of proof for past incidents of harassment or assault have been raised. Overall, the bill has sparked debate regarding the appropriate measures for protecting workers while ensuring fair employment practices.