Senate Bill No. 1111
Public Act No. 19-93
AN ACT CONCERNING SE XUAL HARASSMENT AND SEXUAL
ASSAULT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (8) of section 46a-51 of the general statutes, as
amended by section 2 of public act 19-16, is repealed and the following
is substituted in lieu thereof (Effective October 1, 2019):
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-
60a, 4a-60g, 31-40y, [subdivisions (15) to (17), inclusive, of section 46a-
54,] subparagraph (C) of subdivision (15) of section 46a-54, as
amended by section 1 of public act 19-16, subdivisions (16) and (17) of
section 46a-54, as amended by section 1 of public act 19-16 and this act,
section 46a-58, 46a-59, 46a-60, as amended by [this act] public act 19-16,
46a-64, 46a-64c, 46a-66, 46a-68, as amended by [this act] public act 19-
16, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive,
subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o,
inclusive;
Sec. 2. Subsection (c) of section 46a-55 of the general statutes, as
amended by section 11 of public act 19-16, is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(c) The executive director, through the supervising attorney, may, Senate Bill No. 1111
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within available appropriations, assign a commission legal counsel to
bring a civil action concerning an alleged discriminatory practice, in
accordance with this subsection, in lieu of an administrative hearing
pursuant to section 46a-84, as amended by this act, when the executive
director determines that a civil action is in the public interest and if the
parties to the administrative hearing mutually agree, in writing, to the
bringing of such civil action by commission legal counsel. The
commission legal counsel shall bring such a civil action in the Superior
Court not later than ninety days following the date the commission
legal counsel notifies the parties of the executive director's
determination. Such civil action may be served by certified mail and
shall not be subject to the provisions of section 46a-100, 46a-101 or 46a-
102. The jurisdiction of the Superior Court in an action brought under
this subsection shall be limited to such claims, counterclaims, defenses
or the like that could be presented at an administrative hearing before
the commission, had the complaint remained with the commission for
disposition. A complainant may intervene as a matter of right without
permission of the court or the parties. The civil action shall be tried to
the court without a jury. If the commission legal counsel determines
that the interests of the state will not be adversely affected, the
complainant or attorney for the complainant shall present all or part of
the case in support of the complaint. The court may grant any relief
available under section 46a-104, as amended by [this act] public act 19-
16. Where the Superior Court finds that a respondent has committed a
discriminatory practice, the court shall grant the commission its fees
and costs and award the commission a civil penalty, not exceeding ten
thousand dollars, provided such discriminatory practice has been
established by clear and convincing evidence, which shall be payable
to the commission and used by the commission to advance the public
interest in eliminating discrimination.
Sec. 3. Subsection (h) of section 46a-84 of the general statutes, as
amended by section 8 of public act 19-16, is repealed and the following Senate Bill No. 1111
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is substituted in lieu thereof (Effective October 1, 2019):
(h) The complainant, the respondent and the commission shall be
afforded the opportunity to inspect and copy relevant and material
records, papers and documents not in the possession of such party,
except as otherwise provided by applicable state [or federal] law. The
presiding officer may order a party to produce such records, papers
and documents, and if a party fails to comply with such order within
thirty days of the date of such order, the presiding officer may issue a
nonmonetary order that the presiding officer deems just and
appropriate, including, but not limited to, an order (1) finding that the
matters that are the subject of the order are established in accordance
with the claim of the party requesting such order, (2) prohibiting the
party who has failed to comply with such order from introducing
designated matters into evidence, (3) limiting the participation of the
noncomplying party with regard to issues or facts relating to the order,
and (4) drawing an adverse inference against the noncomplying party.
Sec. 4. Section 46a-84 of the general statutes, as amended by section
8 of public act 19-16, is amended by adding subsection (i) as follows
(Effective October 1, 2019):
(NEW) (i) When the executive director of the commission has
determined that there are available appropriations and otherwise
approves a request, the Chief Human Rights Referee may appoint any
magistrate, who is on the list of available magistrates maintained by
the Chief Court Administrator, to act as a presiding officer at any
proceeding conducted pursuant to this section, subsection (l) of section
46a-83, subsection (c) or (d) of section 46a-56 or subsection (e) of
section 4-61dd. Any magistrate so appointed shall have the same
powers and duties as a human rights referee appointed pursuant to
section 46a-57 and be compensated in accordance with the provisions
of section 51-193r from such funds as may be available to the
commission. The Chief Human Rights Referee may request the Senate Bill No. 1111
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appointment of a magistrate whenever the total number of complaints
pending in the commission's office of public hearings exceeds one
hundred.
Sec. 5. Section 46a-97 of the general statutes, as amended by section
9 of public act 19-16, is repealed and the following is substituted in lieu
thereof (Effective October 1, 2019):
(a) Any employer, employment agency or labor organization which
fails to post such notices of statutory provisions as the commission
may require pursuant to [subsection] subdivision (13) of section 46a-
54, as amended by, [this act] section 1 of public act 19-16, shall be fined
not more than [one thousand] seven hundred fifty dollars.
(b) Any person who fails to post such notices of statutory provisions
as the commission may require pursuant to [subsection] subdivision
(14) of section 46a-54, as amended by [this act] section 1 of public act
19-16, shall be fined not more than [one thousand] seven hundred fifty
dollars.
(c) Any employer who fails to provide the training and education
concerning the illegality of sexual harassment and the remedies
available to victims of sexual harassment, as required pursuant to
subdivision (15) of section 46a-54, as amended by [this act] section 1 of
public act 19-16, shall be fined not more than [one thousand] seven
hundred fifty dollars.
(d) [The] During the twelve-month period following the date on
which a complaint against an employer has been filed with the
commission by an employee or, if the executive director of the
commission reasonably believes that an employer is in violation of the
provisions of subdivision (13), (14) or (15) of section 46a-54, as
amended by section 1 of public act 19-16, the executive director of the
commission may assign a designated representative of the commission Senate Bill No. 1111
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to enter an employer's place of business during normal business hours
for purposes of: (1) Ensuring compliance with the posting
requirements prescribed in subdivisions (13), (14) and (15) of section
46a-54, as amended by [this act] section 1 of public act 19-16, and (2)
examining records, policies, procedures, postings and sexual
harassment training materials maintained by the employer in
connection with the requirements of subdivisions (13), (14) and (15) of
section 46a-54, as amended by [this act] section 1 of public act 19-16. A
designated representative of the commission, who is carrying out the
duties set forth in this subsection, shall ensure that such activities do
not unduly disrupt the business operations of the employer. If the
employer's place of business is a residential home, the designated
representative of the commission shall not enter such residential home
without the express permission of such homeowner.
Sec. 6. Subsection (b) of section 46a-86 of the general statutes, as
amended by section 7 of public act 19-16, is repealed and the following
is substituted in lieu thereof (Effective October 1, 2019):
(b) In addition to any other action taken under this section, upon a
finding of a discriminatory employment practice, the presiding officer
shall (1) issue an order to eliminate the discriminatory employment
practice complained of and to make the complainant whole, including
restoration to membership in any respondent labor organization, and
(2) may (A) determine the amount of damages suffered by the
complainant, including the actual costs incurred by the complainant as
a result of the discriminatory employment practice, and (B) allow
reasonable attorney's fees and costs. The amount of attorney's fees
allowed shall not be contingent upon the amount of damages
requested by or awarded to the complainant. Liability for back pay
shall not accrue from a date more than two years prior to the filing or
issuance of the complaint. Interim earnings, including unemployment
compensation and welfare assistance or amounts which could have Senate Bill No. 1111
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been earned with reasonable diligence on the part of the person to
whom back pay is awarded shall be deducted from the amount of back
pay to which such person is otherwise entitled. The amount of any
deduction for interim unemployment compensation or welfare
assistance shall be paid by the respondent to the commission which
shall transfer such amount to the appropriate state or local agency. Not
later than October 1, 2020, and annually thereafter, the executive
director of the commission shall report, in accordance with the
provisions of section 11-4a, to the joint standing committee of the
General Assembly having cognizance of matters relating to the
judiciary on the commission's award of reasonable attorney's fees and
costs under this section. Such report shall include, but not be limited
to: (i) The awards of reasonable attorney's fees and a comparison of
such awards to awards of damages; (ii) the category of complaint for
which damages and attorney's fees are awarded; (iii) the commission's
methodology for calculating awards of reasonable attorney's fees and
costs, if such methodology may be ascertained; (iv) data on the number
of employees employed by respondents who were subject to awards of
reasonable attorney's fees and costs; and (v) the percentage of
complainants and respondents represented by counsel in matters in
which awards of reasonable attorney's fees and costs are made.
Sec. 7. Subsection (b) of section 14 of public act 19-16 is repealed and
the following is substituted in lieu thereof (Effective from passage):
(b) The task force shall consist of the following members:
(1) One appointed by the speaker of the House of Representatives,
who is an attorney who has represented two or more plaintiffs in a
civil action concerning sexual abuse, sexual exploitation or sexual
assault;
(2) One appointed by the president pro tempore of the Senate, who
is a victim of sexual abuse, sexual exploitation or sexual assault; Senate Bill No. 1111
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(3) One jointly appointed by the president pro tempore of the Senate
and the speaker of the House of Representatives;
(4) One appointed by the majority leader of the House of
Representatives, who is (A) a representative of an entity named as a
defendant in a civil action for sexual abuse, sexual exploitation or
sexual assault; or (B) a lawyer who has represented two or more clients
named as a defendant in a civil action for sexual abuse, sexual
exploitation or sexual assault;
(5) One appointed by the majority leader of the Senate who is a
representative of the Connecticut Alliance to End Sexual Violence;
(6) One appointed by the minority leader of the House of
Representatives, who is (A) a representative of an entity named as a
defendant in a civil action for sexual abuse, sexual exploitation or
sexual assault; or (B) a lawyer who has represented two or more clients
named as a defendant in a civil action for sexual abuse, sexual
exploitation or sexual assault;
(7) One appointed by the minority leader of the Senate; and
[(8) The executive director of the Connecticut Trial Lawyers
Association, or said executive director's designee; and]
[(9)] (8) One appointed by the Chief Court Administrator, who is a
judge of the Superior Court or who previously served as a judge of the
Superior Court.
Sec. 8. Subdivision (8) of subsection (b) of section 46a-60 of the
general statutes, as amended by section 4 of public act 19-16, is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(8) For an employer, by the employer or the employer's agent, for an Senate Bill No. 1111
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employment agency, by itself or its agent, or for any labor
organization, by itself or its agent, to harass any employee, person
seeking employment or member on the basis of sex or gender identity
or expression. If an employer takes immediate corrective action in
response to an employee's claim of sexual harassment, such corrective
action shall not modify the conditions of employment of the employee
making the claim of sexual harassment unless such employee agrees,
in writing, to any modification in the conditions of employment.
"Corrective action" taken by an employer, includes, but is not limited
to, employee relocation, assigning an employee to a different work
schedule or other substantive changes to an employee's terms and
conditions of employment. Notwithstanding an employer's failure to
obtain a written agreement from an employee concerning a
modification in the conditions of employment, the commission may
find that corrective action taken by an employer was reasonable and
not of detriment to the complainant based on the evidence presented
to the commission by the complainant and respondent. As used in this
subdivision, "sexual harassment" means any unwelcome sexual
advances or requests for sexual favors or any conduct of a sexual
nature when (A) submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment, (B)
submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual, or (C)
such conduct has the purpose or effect of substantially interfering with
an individual's work performance or creating an intimidating, hostile
or offensive working environment;
Sec. 9. Section 53a-72a of the general statutes, as amended by section
15 of public act 19-16, is repealed and the following is substituted in
lieu thereof (Effective October 1, 2019):
(a) A person is guilty of sexual assault in the third degree when
such person (1) compels another person to submit to sexual contact (A) Senate Bill No. 1111
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by the use of force against such other person or a third person, or (B)
by the threat of use of force against such other person or against a third
person, which reasonably causes such other person to fear physical
injury to himself or herself or a third person, or (2) subjects another
person to sexual contact and such other person is mentally
incapacitated or impaired because of mental disability or disease to the
extent that such other person is unable to consent to such sexual
contact, or (3) engages in sexual intercourse with another person
whom the actor knows to be related to him or her within any of the
degrees of kindred specified in section 46b-21.
(b) Sexual assault in the third degree is a class D felony or, if the
victim of the offense is under sixteen years of age, a class C felony.
Sec. 10. Section 53a-73a of the general statutes, as amended by
section 16 of public act 19-16, is repealed and the following is
substituted in lieu thereof (Effective October 1, 2019):
(a) A person is guilty of sexual assault in the fourth degree when: (1)
Such person subjects another person to sexual contact who is (A) under
thirteen years of age and the actor is more than two years older than
such other person, or (B) thirteen years of age or older but under
fifteen years of age and the actor is more than three years older than
such other person, or (C) [impaired because of mental disability or
disease to the extent that such other person is unable to consent to such
sexual contact, or (D)] physically helpless, or [(E)] (D) less than
eighteen years old and the actor is such other person's guardian or
otherwise responsible for the general supervision of such other
person's welfare, or [(F)] (E) in custody of law or detained in a hospital
or other institution and the actor has supervisory or disciplinary
authority over such other person; or (2) such person subjects another
person to sexual contact without such other person's consent; or (3)
such person engages in sexual contact with an animal or dead body; or
(4) such person is a psychotherapist and subjects another person to Senate Bill No. 1111
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sexual contact who is (A) a patient of the actor and the sexual contact
occurs during the psychotherapy session, or (B) a patient or former
patient of the actor and such patient or former patient is emotionally
dependent upon the actor, or (C) a patient or former patient of the
actor and the sexual contact occurs by means of therapeutic deception;
or (5) such person subjects another person to sexual contact and
accomplishes the sexual contact by means of false representation that
the sexual contact is for a bona fide medical purpose by a health care
professional; or (6) such person is a school employee and subjects
another person to sexual contact who is a student enrolled in a school
in which the actor works or a school under the jurisdiction of the local
or regional board of education which employs the actor; or (7) such
person is a coach in an athletic activity or a person who provides
intensive, ongoing instruction and subjects another person to sexual
contact who is a recipient of coaching or instruction from the actor and
(A) is a secondary school student and receives such coaching or
instruction in a secondary school setting, or (B) is under eighteen years
of age; or (8) such person subjects another person to sexual contact and
(A) the actor is twenty years of age or older and stands in a position of
power, authority or supervision over such other person by virtue of
the actor's professional, legal, occupational or volunteer status and
such other person's participation in a program or activity, and (B) such
other person is under eighteen years of age; or (9) such person subjects
another person to sexual contact who is placed or receiving services
under the direction of the Commissioner of Developmental Services in
any public or private facility or program and the actor has supervisory
or disciplinary authority over such other person.
(b) Sexual assault in the fourth degree is a class A misdemeanor or,
if the victim of the offense is under sixteen years of age, a class D
felony.