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General Assembly Raised Bill No. 6474
January Session, 2021
LCO No. 3505
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING CO LLATERAL EMPLOYMENT
CONSEQUENCES OF A CR IMINAL RECORD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 46a-79 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
The General Assembly finds that the public is best protected when 3
[criminal offenders] people who have been arrested or convicted of 4
crimes are rehabilitated and returned to society prepared to take their 5
places as productive citizens and that the ability of [returned offenders] 6
such persons to find meaningful employment, housing and higher 7
education is directly related to their normal functioning in the 8
community. The General Assembly further finds that African-9
Americans and Hispanics are arrested and incarcerated at rates 10
disproportionate to their representation in the general population and 11
that discrimination in employment, housing and higher education on 12
the basis of criminal history record information has a disparate impact 13
based on race, ancestry and national origin. It is therefore the policy of 14
this state to [encourage] prohibit all employers, [to give favorable 15 Raised Bill No. 6474
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consideration to providing jobs to qualified individuals, including those 16
who may have criminal conviction records] landlords and institutions 17
of higher education from discriminating on the basis of criminal history 18
record information, except as otherwise in this chapter. 19
Sec. 2. Section 46a-51 of the general statutes is repealed and the 20
following is substituted in lieu thereof (Effective October 1, 2021): 21
As used in section 4a-60a and this chapter: 22
(1) "Blind" refers to an individual whose central visual acuity does 23
not exceed 20/200 in the better eye with correcting lenses, or whose 24
visual acuity is greater than 20/200 but is accompanied by a limitation 25
in the fields of vision such that the widest diameter of the visual field 26
subtends an angle no greater than twenty degrees; 27
(2) "Commission" means the Commission on Human Rights and 28
Opportunities created by section 46a-52; 29
(3) "Commission legal counsel" means a member of the legal staff 30
employed by the commission pursuant to section 46a-54; 31
(4) "Commissioner" means a member of the commission; 32
(5) "Court" means the Superior Court or any judge of said court; 33
(6) "Discrimination" includes segregation and separation; 34
(7) "Discriminatory employment practice" means any discriminatory 35
practice specified in section 46a-60 or 46a-81c; 36
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-37
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-38
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as 39
amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 40
46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 41
46a-80, as amended by this act, or sections 46a-81b to 46a-81o, inclusive; 42
(9) "Employee" means any person employed by an employer but shall 43 Raised Bill No. 6474
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not include any individual employed by such individual's parents, 44
spouse or child; 45
(10) "Employer" includes the state and all political subdivisions 46
thereof and means any person or employer with three or more persons 47
in such person's or employer's employ; 48
(11) "Employment agency" means any person undertaking with or 49
without compensation to procure employees or opportunities to work; 50
(12) "Labor organization" means any organization which exists for the 51
purpose, in whole or in part, of collective bargaining or of dealing with 52
employers concerning grievances, terms or conditions of employment, 53
or of other mutual aid or protection in connection with employment; 54
(13) "Intellectual disability" means intellectual disability as defined in 55
section 1-1g; 56
(14) "Person" means one or more individuals, partnerships, 57
associations, corporations, limited liability companies, legal 58
representatives, trustees, trustees in bankruptcy, receivers and the state 59
and all political subdivisions and agencies thereof; 60
(15) "Physically disabled" refers to any individual who has any 61
chronic physical handicap, infirmity or impairment, whether congenital 62
or resulting from bodily injury, organic processes or changes or from 63
illness, including, but not limited to, epilepsy, deafness or being hard of 64
hearing or reliance on a wheelchair or other remedial appliance or 65
device; 66
(16) "Respondent" means any person alleged in a complaint filed 67
pursuant to section 46a-82 to have committed a discriminatory practice; 68
(17) "Discrimination on the basis of sex" includes but is not limited to 69
discrimination related to pregnancy, child-bearing capacity, 70
sterilization, fertility or related medical conditions; 71
(18) "Discrimination on the basis of religious creed" includes but is 72 Raised Bill No. 6474
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not limited to discrimination related to all aspects of religious 73
observances and practice as well as belief, unless an employer 74
demonstrates that the employer is unable to reasonably accommodate 75
to an employee's or prospective employee's religious observance or 76
practice without undue hardship on the conduct of the employer's 77
business; 78
(19) "Learning disability" refers to an individual who exhibits a severe 79
discrepancy between educational performance and measured 80
intellectual ability and who exhibits a disorder in one or more of the 81
basic psychological processes involved in understanding or in using 82
language, spoken or written, which may manifest itself in a diminished 83
ability to listen, speak, read, write, spell or to do mathematical 84
calculations; 85
(20) "Mental disability" refers to an individual who has a record of, or 86
is regarded as having one or more mental disorders, as defined in the 87
most recent edition of the American Psychiatric Association's 88
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 89
(21) "Gender identity or expression" means a person's gender-related 90
identity, appearance or behavior, whether or not that gender-related 91
identity, appearance or behavior is different from that traditionally 92
associated with the person's physiology or assigned sex at birth, which 93
gender-related identity can be shown by providing evidence including, 94
but not limited to, medical history, care or treatment of the gender-95
related identity, consistent and uniform assertion of the gender-related 96
identity or any other evidence that the gender-related identity is 97
sincerely held, part of a person's core identity or not being asserted for 98
an improper purpose; [.] 99
(22) "Veteran" means veteran as defined in subsection (a) of section 100
27-103; 101
(23) "Criminal history record information" means court records and 102
information obtained from the Judicial Department relating to arrests, 103
releases, detentions, indictments, information, other formal criminal 104 Raised Bill No. 6474
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charges or any events and outcomes arising from those arrests, releases, 105
detentions, including pleas, trials, convictions, sentences, appeals, 106
incarcerations, correctional supervision, paroles and releases, 107
outstanding judgments and any other conviction information, as 108
defined in subsection (c) of section 54-142g, or any records, documents 109
and information based thereon; 110
(24) "Occupational license" means any licenses, permits, certificates, 111
registrations, or other means to engage in an occupation, trade, 112
vocation, business or profession; and 113
(25) "Licensing agency" means any board, agency, department, 114
commission or other state agency which has the authority to grant or 115
deny occupational licenses. 116
Sec. 3. Section 46a-80 of the general statutes is repealed and the 117
following is substituted in lieu thereof (Effective October 1, 2021): 118
(a) Except as provided in subsection [(c)] (d) of this section, 119
subsection (b) of section 46a-81, as amended by this act, and section 36a-120
489, and notwithstanding any other provisions of law to the contrary, a 121
person shall not be disqualified from employment or discriminated 122
against in terms, conditions or privileges of employment by [the state or 123
any of its agencies] an employer, acting directly or through an agent, 124
nor shall a person be disqualified to practice, pursue or engage in any 125
occupation, trade, vocation, profession or business for which a license, 126
permit, certificate or registration is required to be issued by the state or 127
any of its agencies solely because of [a prior conviction of a crime] that 128
person's criminal history record information. 129
(b) Except for a position for which any provision of the general 130
statutes specifically disqualifies a person from employment [by the state 131
or any of its agencies] because of that person's criminal history record 132
information of a prior conviction of a crime, no employer [, as defined 133
in section 5-270,] or employment agency shall [inquire about a 134
prospective employee's past convictions until such prospective 135
employee has been deemed otherwise qualified for the position. 136 Raised Bill No. 6474
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(c) A person may be denied employment by the state or any of its 137
agencies, or a person may be denied] deny employment, nor may the 138
state or any of its agencies deny a license, permit, certificate or 139
registration to pursue, practice or engage in an occupation, trade, 140
vocation, profession or business, by reason of [the prior conviction of a 141
crime if, after considering] the person's criminal history record 142
information, unless, after conducting an individualized assessment, the 143
employer or employment agency determines in good faith that denial is 144
consistent with business necessity because: (1) [the nature of the crime 145
and its relationship to the job for which the person has applied] There is 146
a substantial nexus between the circumstances of the person's criminal 147
history record information and the employment the person is seeking or 148
has, taking into account the specific facts of the criminal history record 149
information and the essential functions and specific circumstances of the 150
job; (2) [information pertaining to the degree of rehabilitation of] there 151
is substantial evidence that the [convicted] person with criminal history 152
record information has not been rehabilitated; and (3) [the] insufficient 153
time has elapsed since the [conviction or release, the state or any of its 154
agencies determines that the applicant is not suitable for the position of 155
employment sought or the specific occupation, trade, vocation, 156
profession or business for which the license, permit, certificate or 157
registration is sought] acts underlying the criminal history record 158
information. In making a determination under subdivision (2) of this 159
subsection, [the state or any of its agencies] an employer shall give 160
consideration to a provisional pardon issued pursuant to section 54-161
130e, or a certificate of rehabilitation issued pursuant to section 54-108f 162
or 54-130e, and such provisional pardon or certificate of rehabilitation 163
shall establish a presumption that such applicant has been rehabilitated. 164
If an application is denied based, in whole or in part, on [a conviction 165
for which the applicant has received a provisional pardon or certificate 166
of rehabilitation] a person's criminal history record information, the 167
[state or any of its agencies, as the case may be,] employer shall provide 168
a written statement to the applicant of its reasons for such denial. 169
(c) Except for a position for which any provision of the general 170 Raised Bill No. 6474
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statutes specifically disqualifies a person from employment because of 171
that person's criminal history record information, no employer or 172
employment agency shall advertise employment opportunities in such 173
a manner as to restrict such employment for applicants with criminal 174
history record information. 175
(d) If [a conviction of a crime] criminal history record information is 176
used as a basis for rejection of an applicant, such rejection shall be in 177
writing and specifically state the evidence presented and reasons for 178
rejection. A copy of such rejection shall be sent by registered mail to the 179
applicant. 180
(e) In no case may records of arrest, which are not followed by a 181
conviction, or records of convictions, which have been erased, be used, 182
distributed or disseminated by the state or any of its agencies in 183
connection with an application for employment or for a permit, license, 184
certificate or registration. 185
Sec. 4. Section 46a-81 of the general statutes is repealed and the 186
following is substituted in lieu thereof (Effective October 1, 2021): 187
(a) Except as provided in section 36a-489, the provisions of sections 188
46a-79 to 46a-81, inclusive, as amended by this act, shall prevail over any 189
other provisions of law which purport to govern the denial of [licenses, 190
permits, certificates, registrations, or other means to engage in an 191
occupation, trade, vocation, business or profession,] occupational 192
licenses on the grounds of a person's criminal history record information 193
or on the grounds of lack of good moral character, or which purport to 194
govern the suspension or revocation of [a license, permit, certificate or 195
registration] an occupational license on the grounds of [conviction of a 196
crime] a person's criminal history record information. An occupational 197
license shall not be denied to any person on the basis of that person's 198
criminal history record information unless, after conducting an 199
individualized assessment, the licensing agency responsible for the 200
issuance of the occupational license determines in good faith that denial 201
is consistent with business necessity because: (1) There is a substantial 202 Raised Bill No. 6474
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nexus between the circumstances of the person's criminal history record 203
information and the occupational license the person is seeking or has, 204
taking into account the specific facts of the criminal history record 205
information and the essential functions of a person holding such 206
occupational license; (2) there is substantial evidence that the person 207
with criminal history record information has not been rehabilitated; and 208
(3) insufficient time has elapsed since the acts underlying the person's 209
criminal history record information. In making a determination under 210
subdivision (2) of this subsection, the licensing agency shall give 211
consideration to a provisional pardon issued pursuant to section 54-212
130e, or a certificate of rehabilitation issued pursuant to section 54-108f 213
or 54-130e, and such provisional pardon or certificate of rehabilitation 214
shall establish a presumption that such applicant has been rehabilitated. 215
If an application for an occupational license is denied based, in whole or 216
in part, on criminal history record information, the licensing agency 217
shall provide a written statement to the applicant of its reasons for such 218
denial. 219
(b) Sections 46a-79 to 46a-81, inclusive, as amended by this act, shall 220
not be applicable to any law enforcement agency, and it is not a 221
discriminatory practice for a law enforcement agency to refuse to hire 222
or employ or to bar or to discharge from employment any person or to 223
discriminate against that person in compensation or in terms, conditions 224
or privileges of employment on the basis of that person's criminal 225
history record information, provided nothing herein shall be construed 226
to preclude a law enforcement agency in its discretion from adopting 227
the policy set forth in [said] this section, sections 7 and 9 of this act and 228
sections 46a-51, as amended by this act, 46a-74, as amended by this act, 229
46a-79, as amended by this act, 46a-80, as amended by this act. 230
Sec. 5. Section 46a-59 of the general statutes is repealed and the 231
following is substituted in lieu thereof (Effective October 1, 2021): 232
(a) It shall be a discriminatory practice in violation of this section for 233
any association, board or other organization the principal purpose of 234
which is the furtherance of the professional or occupational interests of 235 Raised Bill No. 6474
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its members, whose profession, trade or occupation requires a state 236
license, to refuse to accept a person as a member of such association, 237
board or organization because of [his] such person's race, national 238
origin, creed, sex, gender identity or expression, color, [or] status as a 239
veteran or criminal history record information. 240
(b) Any association, board or other organization which violates the 241
provisions of this section shall be fined not less than one hundred 242
dollars nor more than five hundred dollars. 243
Sec. 6. Section 46a-74 of the general statutes is repealed and the 244
following is substituted in lieu thereof (Effective October 1, 2021): 245
No state department, board or agency may permit any 246
discriminatory practice in violation of section 46a-59, as amended by 247
this act, 46a-64, [or] 46a-64c or 46a-80, as amended by this act. 248
Sec. 7. (NEW) (Effective October 1, 2021) (a) To the extent that other 249
governing laws, including, but not limited to, the laws of the United 250
States of America, mandate that an employer discriminate on the basis 251
of criminal history record information, such other governing law is a 252
defense to a claim of discriminatory practice. 253
(b) In a civil action for the death to, injury of, or damage to a third 254
person caused by the intentional act of a person with criminal history 255
record information, any person who employs such person with criminal 256
history record information shall be presumed to have been not negligent 257
in entering into transactions mandated by relevant provisions of the 258
general statutes. 259
Sec. 8. Section 46a-51 of the general statutes is repealed and the 260
following is substituted in lieu thereof (Effective October 1, 2021): 261
As used in section 4a-60a and this chapter: 262
(1) "Blind" refers to an individual whose central visual acuity does 263
not exceed 20/200 in the better eye with correcting lenses, or whose 264
visual acuity is greater than 20/200 but is accompanied by a limitation 265 Raised Bill No. 6474
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in the fields of vision such that the widest diameter of the visual field 266
subtends an angle no greater than twenty degrees; 267
(2) "Commission" means the Commission on Human Rights and 268
Opportunities created by section 46a-52; 269
(3) "Commission legal counsel" means a member of the legal staff 270
employed by the commission pursuant to section 46a-54; 271
(4) "Commissioner" means a member of the commission; 272
(5) "Court" means the Superior Court or any judge of said court; 273
(6) "Discrimination" includes segregation and separation; 274
(7) "Discriminatory employment practice" means any discriminatory 275
practice specified in section 46a-60, [or] 46a-81c or 46a-80, as amended 276
by this act; 277
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-278
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-279
54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, as 280
amended by this act, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 281
46a-68f, inclusive, [or] 46a-70 to 46a-78, inclusive, [subsection (a) of] 282
section 46a-80, as amended by this act, or sections 46a-81b to 46a-81o, 283
inclusive; 284
(9) "Employee" means any person employed by an employer but shall 285
not include any individual employed by such individual's parents, 286
spouse or child; 287
(10) "Employer" includes the state and all political subdivisions 288
thereof and means any person or employer with three or more persons 289
in such person's or employer's employ; 290
(11) "Employment agency" means any person undertaking with or 291
without compensation to procure employees or opportunities to work; 292
(12) "Labor organization" means any organization which exists for the 293 Raised Bill No. 6474
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purpose, in whole or in part, of collective bargaining or of dealing with 294
employers concerning grievances, terms or conditions of employment, 295
or of other mutual aid or protection in connection with employment; 296
(13) "Intellectual disability" means intellectual disability as defined in 297
section 1-1g; 298
(14) "Person" means one or more individuals, partnerships, 299
associations, corporations, limited liability companies, legal 300
representatives, trustees, trustees in bankruptcy, receivers and the state 301
and all political subdivisions and agencies thereof; 302
(15) "Physically disabled" refers to any individual who has any 303
chronic physical handicap, infirmity or impairment, whether congenital 304
or resulting from bodily injury, organic processes or changes or from 305
illness, including, but not limited to, epilepsy, deafness or being hard of 306
hearing or reliance on a wheelchair or other remedial appliance or 307
device; 308
(16) "Respondent" means any person alleged in a complaint filed 309
pursuant to section 46a-82 to have committed a discriminatory practice; 310
(17) "Discrimination on the basis of sex" includes but is not limited to 311
discrimination related to pregnancy, child-bearing capacity, 312
sterilization, fertility or related medical conditions; 313
(18) "Discrimination on the basis of religious creed" includes but is 314
not limited to discrimination related to all aspects of religious 315
observances and practice as well as belief, unless an employer 316
demonstrates that the employer is unable to reasonably accommodate 317
to an employee's or prospective employee's religious observance or 318
practice without undue hardship on the conduct of the employer's 319
business; 320
(19) "Learning disability" refers to an individual who exhibits a severe 321
discrepancy between educational performance and measured 322
intellectual ability and who exhibits a disorder in one or more of the 323 Raised Bill No. 6474
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basic psychological processes involved in understanding or in using 324
language, spoken or written, which may manifest itself in a diminished 325
ability to listen, speak, read, write, spell or to do mathematical 326
calculations; 327
(20) "Mental disability" refers to an individual who has a record of, or 328
is regarded as having one or more mental disorders, as defined in the 329
most recent edition of the American Psychiatric Association's 330
"Diagnostic and Statistical Manual of Mental Disorders"; [and] 331
(21) "Gender identity or expression" means a person's gender-related 332
identity, appearance or behavior, whether or not that gender-related 333
identity, appearance or behavior is different from that traditionally 334
associated with the person's physiology or assigned sex at birth, which 335
gender-related identity can be shown by providing evidence including, 336
but not limited to, medical history, care or treatment of the gender-337
related identity, consistent and uniform assertion of the gender-related 338
identity or any other evidence that the gender-related identity is 339
sincerely held, part of a person's core identity or not being asserted for 340
an improper purpose; and [.] 341
(22) "Veteran" means veteran as defined in subsection (a) of section 342
27-103. 343
Sec. 9. (NEW) (Effective July 1, 2021) (a) There is established a Council 344
on the Elimination of Occupational License Collateral Consequences, 345
which shall be part of the Legislative Department. The Council on the 346
Elimination of Occupational License Collateral Consequences shall 347
identify any and all state statutes, regulations and other state governing 348
law that create barriers for a person to obtain an occupational license on 349
the basis of that person's criminal history record information or that 350
otherwise conflict with subsection (a) of section 46a-81 of the general 351
statutes, as amended by this act, and shall develop recommendations 352
for amending or eliminating all such state statutes, regulations and 353
other state governing law to ensure their compliance with this section, 354
section 7 of this act, section 46a-51 of the general statutes, as amended 355 Raised Bill No. 6474
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by this act, section 46a-74 of the general statutes, as amended by this act, 356
section 46a-79 of the general statutes, as amended by this act, and section 357
46a-80 of the general statutes, as amended by this act. 358
(b) The Council on the Elimination of Occupational License Collateral 359
Consequences shall consist of the following members: (1) The House 360
chairperson of the joint standing committee of the General Assembly 361
having cognizance of matters relating to labor and public employees or 362
the chairperson's designee, who shall be a member of the General 363
Assembly; (2) the Senate chairperson of the joint standing committee of 364
the General Assembly having cognizance of matters relating to labor 365
and public employees, or the chairperson's designee, who shall be a 366
member of the General Assembly; (3) the House and Senate ranking 367
members of the joint standing committee of the General Assembly 368
having cognizance of matters relating to labor and public employees or 369
their designees, who shall be members of the General Assembly; (4) the 370
Labor Commissioner, or the commissioner's designee; (5) the 371
Commissioner of Consumer Protection, or the commissioner's designee; 372
(6) the executive director of the Connecticut Commission on Human 373
Rights and Opportunities, or the executive director's designee; (7) a 374
justice-impacted person, to be appointed by the House chairperson of 375
the joint standing committee of the General Assembly having 376
cognizance of matters relating to labor and public employees; (8) a 377
representative from the American Civil Liberties Union of Connecticut, 378
to be appointed by the Senate chairperson of the joint standing 379
committee of the General Assembly having cognizance of matters 380
relating to labor and public employees; and (9) a representative from the 381
Institute for Municipal and Regional Policy, to be appointed by the 382
House chairperson of the joint standing committee of the General 383
Assembly having cognizance of matters relating to labor and public 384
employees. 385
(c) The House and Senate chairpersons of the joint standing 386
committee of the General Assembly having cognizance of matters 387
relating to labor and public employees shall serve as the chairpersons of 388
the council. 389 Raised Bill No. 6474
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(d) The chairpersons of the council shall schedule the first meeting of 390
the council, which shall be held not later than sixty days after the 391
effective date of this section. Thereafter, the council shall meet upon the 392
call of the chairpersons or upon the call of a majority of the council 393
members. 394
(e) The administrative staff of the joint standing committee of the 395
General Assembly having cognizance of matters relating to labor and 396
public employees shall serve as administrative staff of the council. 397
(f) Not later than February 1, 2021, the council shall submit a report, 398
in accordance with the provisions of section 11-4a of the general statutes, 399
on its recommendations to the joint standing committee of the General 400
Assembly having cognizance of matters relating to labor and public 401
employees. 402
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 46a-79
Sec. 2 October 1, 2021 46a-51
Sec. 3 October 1, 2021 46a-80
Sec. 4 October 1, 2021 46a-81
Sec. 5 October 1, 2021 46a-59
Sec. 6 October 1, 2021 46a-74
Sec. 7 October 1, 2021 New section
Sec. 8 October 1, 2021 46a-51
Sec. 9 July 1, 2021 New section
Statement of Purpose:
To address the collateral employment consequences of a criminal
record.
[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.]