CT
Connecticut Senate Bill SB00056

Connecticut 2021 Regular Session

Connecticut Senate Bill SB00056 Compare Versions

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4-Senate Bill No. 56
7+General Assembly Committee Bill No. 56
8+January Session, 2021
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6-Public Act No. 21-69
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12+Referred to Committee on AGING
13+
14+
15+Introduced by:
16+(AGE)
17+
718
819
920 AN ACT DETERRING AGE DISCRIMINATION IN EMPLOYMENT
1021 APPLICATIONS.
1122 Be it enacted by the Senate and House of Representatives in General
1223 Assembly convened:
1324
14-Section 1. Section 46a-60 of the general statutes is repealed and the
15-following is substituted in lieu thereof (Effective October 1, 2021):
16-(a) As used in this section:
17-(1) "Pregnancy" means pregnancy, childbirth or a related condition,
18-including, but not limited to, lactation;
19-(2) "Reasonable accommodation" means, but [shall not be] is not
20-limited to, being permitted to sit while working, more frequent or longer
21-breaks, periodic rest, assistance with manual labor, job restructuring,
22-light duty assignments, modified work schedules, temporary transfers
23-to less strenuous or hazardous work, time off to recover from childbirth
24-or break time and appropriate facilities for expressing breast milk; and
25-(3) "Undue hardship" means an action requiring significant difficulty
26-or expense when considered in light of factors such as (A) the nature
27-and cost of the accommodation; (B) the overall financial resources of the
28-employer; (C) the overall size of the business of the employer with
29-respect to the number of employees, and the number, type and location Senate Bill No. 56
25+Section 1. Section 46a-60 of the general statutes is repealed and the 1
26+following is substituted in lieu thereof (Effective October 1, 2021): 2
27+(a) As used in this section: 3
28+(1) "Pregnancy" means pregnancy, childbirth or a related condition, 4
29+including, but not limited to, lactation; 5
30+(2) "Reasonable accommodation" means, but [shall not be] is not 6
31+limited to, being permitted to sit while working, more frequent or longer 7
32+breaks, periodic rest, assistance with manual labor, job restructuring, 8
33+light duty assignments, modified work schedules, temporary transfers 9
34+to less strenuous or hazardous work, time off to recover from childbirth 10
35+or break time and appropriate facilities for expressing breast milk; and 11
36+(3) "Undue hardship" means an action requiring significant difficulty 12
37+or expense when considered in light of factors such as (A) the nature 13 Committee Bill No. 56
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33-of its facilities; and (D) the effect on expenses and resources or the
34-impact otherwise of such accommodation upon the operation of the
35-employer.
36-(b) It shall be a discriminatory practice in violation of this section:
37-(1) For an employer, by the employer or the employer's agent, except
38-in the case of a bona fide occupational qualification or need, to refuse to
39-hire or employ or to bar or to discharge from employment any
40-individual or to discriminate against [such] any individual in
41-compensation or in terms, conditions or privileges of employment
42-because of the individual's race, color, religious creed, age, sex, gender
43-identity or expression, marital status, national origin, ancestry, present
44-or past history of mental disability, intellectual disability, learning
45-disability, physical disability, including, but not limited to, blindness or
46-status as a veteran;
47-(2) For any employment agency, except in the case of a bona fide
48-occupational qualification or need, to fail or refuse to classify properly
49-or refer for employment or otherwise to discriminate against any
50-individual because of such individual's race, color, religious creed, age,
51-sex, gender identity or expression, marital status, national origin,
52-ancestry, present or past history of mental disability, intellectual
53-disability, learning disability, physical disability, including, but not
54-limited to, blindness or status as a veteran;
55-(3) For a labor organization, because of the race, color, religious creed,
56-age, sex, gender identity or expression, marital status, national origin,
57-ancestry, present or past history of mental disability, intellectual
58-disability, learning disability, physical disability, including, but not
59-limited to, blindness or status as a veteran of any individual to exclude
60-from full membership rights or to expel from its membership such
61-individual or to discriminate in any way against any of its members or
62-against any employer or any individual employed by an employer, Senate Bill No. 56
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44+and cost of the accommodation; (B) the overall financial resources of the 14
45+employer; (C) the overall size of the business of the employer with 15
46+respect to the number of employees, and the number, type and location 16
47+of its facilities; and (D) the effect on expenses and resources or the 17
48+impact otherwise of such accommodation upon the operation of the 18
49+employer. 19
50+(b) It shall be a discriminatory practice in violation of this section: 20
51+(1) For an employer, by the employer or the employer's agent, except 21
52+in the case of a bona fide occupational qualification or need, to refuse to 22
53+hire or employ or to bar or to discharge from employment any 23
54+individual or to discriminate against [such] any individual in 24
55+compensation or in terms, conditions or privileges of employment 25
56+because of the individual's race, color, religious creed, age, sex, gender 26
57+identity or expression, marital status, national origin, ancestry, present 27
58+or past history of mental disability, intellectual disability, learning 28
59+disability, physical disability, including, but not limited to, blindness or 29
60+status as a veteran; 30
61+(2) For any employment agency, except in the case of a bona fide 31
62+occupational qualification or need, to fail or refuse to classify properly 32
63+or refer for employment or otherwise to discriminate against any 33
64+individual because of such individual's race, color, religious creed, age, 34
65+sex, gender identity or expression, marital status, national origin, 35
66+ancestry, present or past history of mental disability, intellectual 36
67+disability, learning disability, physical disability, including, but not 37
68+limited to, blindness or status as a veteran; 38
69+(3) For a labor organization, because of the race, color, religious creed, 39
70+age, sex, gender identity or expression, marital status, national origin, 40
71+ancestry, present or past history of mental disability, intellectual 41
72+disability, learning disability, physical disability, including, but not 42
73+limited to, blindness or status as a veteran of any individual to exclude 43
74+from full membership rights or to expel from its membership such 44
75+individual or to discriminate in any way against any of its members or 45 Committee Bill No. 56
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66-unless such action is based on a bona fide occupational qualification;
67-(4) For any person, employer, labor organization or employment
68-agency to discharge, expel or otherwise discriminate against any person
69-because such person has opposed any discriminatory employment
70-practice or because such person has filed a complaint or testified or
71-assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;
72-(5) For any person, whether an employer or an employee or not, to
73-aid, abet, incite, compel or coerce the doing of any act declared to be a
74-discriminatory employment practice or to attempt to do so;
75-(6) For any person, employer, employment agency or labor
76-organization, except in the case of a bona fide occupational qualification
77-or need, to advertise employment opportunities in such a manner as to
78-restrict such employment so as to discriminate against individuals
79-because of their race, color, religious creed, age, sex, gender identity or
80-expression, marital status, national origin, ancestry, present or past
81-history of mental disability, intellectual disability, learning disability,
82-physical disability, including, but not limited to, blindness or status as a
83-veteran;
84-(7) For an employer, by the employer or the employer's agent: (A) To
85-terminate a woman's employment because of her pregnancy; (B) to
86-refuse to grant to that employee a reasonable leave of absence for
87-disability resulting from her pregnancy; (C) to deny to that employee,
88-who is disabled as a result of pregnancy, any compensation to which
89-she is entitled as a result of the accumulation of disability or leave
90-benefits accrued pursuant to plans maintained by the employer; (D) to
91-fail or refuse to reinstate the employee to her original job or to an
92-equivalent position with equivalent pay and accumulated seniority,
93-retirement, fringe benefits and other service credits upon her signifying
94-her intent to return unless, in the case of a private employer, the
95-employer's circumstances have so changed as to make it impossible or Senate Bill No. 56
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99-unreasonable to do so; (E) to limit, segregate or classify the employee in
100-a way that would deprive her of employment opportunities due to her
101-pregnancy; (F) to discriminate against an employee or person seeking
102-employment on the basis of her pregnancy in the terms or conditions of
103-her employment; (G) to fail or refuse to make a reasonable
104-accommodation for an employee or person seeking employment due to
105-her pregnancy, unless the employer can demonstrate that such
106-accommodation would impose an undue hardship on such employer;
107-(H) to deny employment opportunities to an employee or person
108-seeking employment if such denial is due to the employee's request for
109-a reasonable accommodation due to her pregnancy; (I) to force an
110-employee or person seeking employment affected by pregnancy to
111-accept a reasonable accommodation if such employee or person seeking
112-employment (i) does not have a known limitation related to her
113-pregnancy, or (ii) does not require a reasonable accommodation to
114-perform the essential duties related to her employment; (J) to require an
115-employee to take a leave of absence if a reasonable accommodation can
116-be provided in lieu of such leave; and (K) to retaliate against an
117-employee in the terms, conditions or privileges of her employment
118-based upon such employee's request for a reasonable accommodation;
119-(8) For an employer, by the employer or the employer's agent, for an
120-employment agency, by itself or its agent, or for any labor organization,
121-by itself or its agent, to harass any employee, person seeking
122-employment or member on the basis of sex or gender identity or
123-expression. If an employer takes immediate corrective action in
124-response to an employee's claim of sexual harassment, such corrective
125-action shall not modify the conditions of employment of the employee
126-making the claim of sexual harassment unless such employee agrees, in
127-writing, to any modification in the conditions of employment.
128-"Corrective action" taken by an employer, includes, but is not limited to,
129-employee relocation, assigning an employee to a different work
130-schedule or other substantive changes to an employee's terms and Senate Bill No. 56
82+against any employer or any individual employed by an employer, 46
83+unless such action is based on a bona fide occupational qualification; 47
84+(4) For any person, employer, labor organization or employment 48
85+agency to discharge, expel or otherwise discriminate against any person 49
86+because such person has opposed any discriminatory employment 50
87+practice or because such person has filed a complaint or testified or 51
88+assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; 52
89+(5) For any person, whether an employer or an employee or not, to 53
90+aid, abet, incite, compel or coerce the doing of any act declared to be a 54
91+discriminatory employment practice or to attempt to do so; 55
92+(6) For any person, employer, employment agency or labor 56
93+organization, except in the case of a bona fide occupational qualification 57
94+or need, to advertise employment opportunities in such a manner as to 58
95+restrict such employment so as to discriminate against individuals 59
96+because of their race, color, religious creed, age, sex, gender identity or 60
97+expression, marital status, national origin, ancestry, present or past 61
98+history of mental disability, intellectual disability, learning disability, 62
99+physical disability, including, but not limited to, blindness or status as a 63
100+veteran; 64
101+(7) For an employer, by the employer or the employer's agent: (A) To 65
102+terminate a woman's employment because of her pregnancy; (B) to 66
103+refuse to grant to that employee a reasonable leave of absence for 67
104+disability resulting from her pregnancy; (C) to deny to that employee, 68
105+who is disabled as a result of pregnancy, any compensation to which 69
106+she is entitled as a result of the accumulation of disability or leave 70
107+benefits accrued pursuant to plans maintained by the employer; (D) to 71
108+fail or refuse to reinstate the employee to her original job or to an 72
109+equivalent position with equivalent pay and accumulated seniority, 73
110+retirement, fringe benefits and other service credits upon her signifying 74
111+her intent to return unless, in the case of a private employer, the 75
112+employer's circumstances have so changed as to make it impossible or 76
113+unreasonable to do so; (E) to limit, segregate or classify the employee in 77 Committee Bill No. 56
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132-Public Act No. 21-69 5 of 9
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134-conditions of employment. Notwithstanding an employer's failure to
135-obtain a written agreement from an employee concerning a modification
136-in the conditions of employment, the commission may find that
137-corrective action taken by an employer was reasonable and not of
138-detriment to the complainant based on the evidence presented to the
139-commission by the complainant and respondent. As used in this
140-subdivision, "sexual harassment" means any unwelcome sexual
141-advances or requests for sexual favors or any conduct of a sexual nature
142-when (A) submission to such conduct is made either explicitly or
143-implicitly a term or condition of an individual's employment, (B)
144-submission to or rejection of such conduct by an individual is used as
145-the basis for employment decisions affecting such individual, or (C)
146-such conduct has the purpose or effect of substantially interfering with
147-an individual's work performance or creating an intimidating, hostile or
148-offensive working environment;
149-(9) For an employer, by the employer or the employer's agent, for an
150-employment agency, by itself or its agent, or for any labor organization,
151-by itself or its agent, to request or require information from an
152-employee, person seeking employment or member relating to the
153-individual's child-bearing age or plans, pregnancy, function of the
154-individual's reproductive system, use of birth control methods, or the
155-individual's familial responsibilities, unless such information is directly
156-related to a bona fide occupational qualification or need, provided an
157-employer, through a physician may request from an employee any such
158-information which is directly related to workplace exposure to
159-substances which may cause birth defects or constitute a hazard to an
160-individual's reproductive system or to a fetus if the employer first
161-informs the employee of the hazards involved in exposure to such
162-substances;
163-(10) For an employer, by the employer or the employer's agent, after
164-informing an employee, pursuant to subdivision (9) of this subsection, Senate Bill No. 56
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120+a way that would deprive her of employment opportunities due to her 78
121+pregnancy; (F) to discriminate against an employee or person seeking 79
122+employment on the basis of her pregnancy in the terms or conditions of 80
123+her employment; (G) to fail or refuse to make a reasonable 81
124+accommodation for an employee or person seeking employment due to 82
125+her pregnancy, unless the employer can demonstrate that such 83
126+accommodation would impose an undue hardship on such employer; 84
127+(H) to deny employment opportunities to an employee or person 85
128+seeking employment if such denial is due to the employee's request for 86
129+a reasonable accommodation due to her pregnancy; (I) to force an 87
130+employee or person seeking employment affected by pregnancy to 88
131+accept a reasonable accommodation if such employee or person seeking 89
132+employment (i) does not have a known limitation related to her 90
133+pregnancy, or (ii) does not require a reasonable accommodation to 91
134+perform the essential duties related to her employment; (J) to require an 92
135+employee to take a leave of absence if a reasonable accommodation can 93
136+be provided in lieu of such leave; and (K) to retaliate against an 94
137+employee in the terms, conditions or privileges of her employment 95
138+based upon such employee's request for a reasonable accommodation; 96
139+(8) For an employer, by the employer or the employer's agent, for an 97
140+employment agency, by itself or its agent, or for any labor organization, 98
141+by itself or its agent, to harass any employee, person seeking 99
142+employment or member on the basis of sex or gender identity or 100
143+expression. If an employer takes immediate corrective action in 101
144+response to an employee's claim of sexual harassment, such corrective 102
145+action shall not modify the conditions of employment of the employee 103
146+making the claim of sexual harassment unless such employee agrees, in 104
147+writing, to any modification in the conditions of employment. 105
148+"Corrective action" taken by an employer, includes, but is not limited to, 106
149+employee relocation, assigning an employee to a different work 107
150+schedule or other substantive changes to an employee's terms and 108
151+conditions of employment. Notwithstanding an employer's failure to 109
152+obtain a written agreement from an employee concerning a modification 110
153+in the conditions of employment, the commission may find that 111 Committee Bill No. 56
167154
168-of a workplace exposure to substances which may cause birth defects or
169-constitute a hazard to an employee's reproductive system or to a fetus,
170-to fail or refuse, upon the employee's request, to take reasonable
171-measures to protect the employee from the exposure or hazard
172-identified, or to fail or refuse to inform the employee that the measures
173-taken may be the subject of a complaint filed under the provisions of
174-this chapter. Nothing in this subdivision is intended to prohibit an
175-employer from taking reasonable measures to protect an employee from
176-exposure to such substances. For the purpose of this subdivision,
177-"reasonable measures" shall be those measures which are consistent
178-with business necessity and are least disruptive of the terms and
179-conditions of the employee's employment;
180-(11) For an employer, by the employer or the employer's agent, for an
181-employment agency, by itself or its agent, or for any labor organization,
182-by itself or its agent: (A) To request or require genetic information from
183-an employee, person seeking employment or member, or (B) to
184-discharge, expel or otherwise discriminate against any person on the
185-basis of genetic information. For the purpose of this subdivision,
186-"genetic information" means the information about genes, gene
187-products or inherited characteristics that may derive from an individual
188-or a family member; [.]
189-(12) For an employer, by the employer or the employer's agent, to
190-request or require a prospective employee's age, date of birth, dates of
191-attendance at or date of graduation from an educational institution on
192-an initial employment application, provided the provisions of this
193-subdivision shall not apply to any employer requesting or requiring
194-such information (A) based on a bona fide occupational qualification or
195-need, or (B) when such information is required to comply with any
196-provision of state or federal law.
197-(c) (1) The provisions of this section concerning age shall not apply
198-to: (A) The termination of employment of any person with a contract of Senate Bill No. 56
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202-unlimited tenure at an independent institution of higher education who
203-is mandatorily retired, on or before July 1, 1993, after having attained
204-the age of seventy; (B) the termination of employment of any person
205-who has attained the age of sixty-five and who, for the two years
206-immediately preceding such termination, is employed in a bona fide
207-executive or a high policy-making position, if such person is entitled to
208-an immediate nonforfeitable annual retirement benefit under a pension,
209-profit-sharing, savings or deferred compensation plan, or any
210-combination of such plans, from such person's employer, which equals,
211-in aggregate, at least forty-four thousand dollars; (C) the termination of
212-employment of persons in occupations, including police work and fire-
213-fighting, in which age is a bona fide occupational qualification; (D) the
214-operation of any bona fide apprenticeship system or plan; or (E) the
215-observance of the terms of a bona fide seniority system or any bona fide
216-employee benefit plan for retirement, pensions or insurance which is not
217-adopted for the purpose of evading said provisions, except that no such
218-plan may excuse the failure to hire any individual and no such system
219-or plan may require or permit the termination of employment on the
220-basis of age. No such plan which covers less than twenty employees may
221-reduce the group hospital, surgical or medical insurance coverage
222-provided under the plan to any employee who has reached the age of
223-sixty-five and is eligible for Medicare benefits or any employee's spouse
224-who has reached age sixty-five and is eligible for Medicare benefits
225-except to the extent such coverage is provided by Medicare. The terms
226-of any such plan which covers twenty or more employees shall entitle
227-any employee who has attained the age of sixty-five and any employee's
228-spouse who has attained the age of sixty-five to group hospital, surgical
229-or medical insurance coverage under the same conditions as any
230-covered employee or spouse who is under the age of sixty-five.
231-(2) No employee retirement or pension plan may exclude any
232-employee from membership in such plan or cease or reduce the
233-employee's benefit accruals or allocations under such plan on the basis Senate Bill No. 56
160+corrective action taken by an employer was reasonable and not of 112
161+detriment to the complainant based on the evidence presented to the 113
162+commission by the complainant and respondent. As used in this 114
163+subdivision, "sexual harassment" means any unwelcome sexual 115
164+advances or requests for sexual favors or any conduct of a sexual nature 116
165+when (A) submission to such conduct is made either explicitly or 117
166+implicitly a term or condition of an individual's employment, (B) 118
167+submission to or rejection of such conduct by an individual is used as 119
168+the basis for employment decisions affecting such individual, or (C) 120
169+such conduct has the purpose or effect of substantially interfering with 121
170+an individual's work performance or creating an intimidating, hostile or 122
171+offensive working environment; 123
172+(9) For an employer, by the employer or the employer's agent, for an 124
173+employment agency, by itself or its agent, or for any labor organization, 125
174+by itself or its agent, to request or require information from an 126
175+employee, person seeking employment or member relating to the 127
176+individual's child-bearing age or plans, pregnancy, function of the 128
177+individual's reproductive system, use of birth control methods, or the 129
178+individual's familial responsibilities, unless such information is directly 130
179+related to a bona fide occupational qualification or need, provided an 131
180+employer, through a physician may request from an employee any such 132
181+information which is directly related to workplace exposure to 133
182+substances which may cause birth defects or constitute a hazard to an 134
183+individual's reproductive system or to a fetus if the employer first 135
184+informs the employee of the hazards involved in exposure to such 136
185+substances; 137
186+(10) For an employer, by the employer or the employer's agent, after 138
187+informing an employee, pursuant to subdivision (9) of this subsection, 139
188+of a workplace exposure to substances which may cause birth defects or 140
189+constitute a hazard to an employee's reproductive system or to a fetus, 141
190+to fail or refuse, upon the employee's request, to take reasonable 142
191+measures to protect the employee from the exposure or hazard 143
192+identified, or to fail or refuse to inform the employee that the measures 144 Committee Bill No. 56
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236194
237-of age. The provisions of this subdivision shall be applicable to plan
238-years beginning on or after January 1, 1988, except that for any
239-collectively bargained plan this subdivision shall be applicable on the
240-earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of
241-the collective bargaining agreement, or (ii) January 1, 1988.
242-(3) The provisions of this section concerning age shall not prohibit an
243-employer from requiring medical examinations for employees for the
244-purpose of determining such employees' physical qualification for
245-continued employment.
246-(4) Any employee who continues employment beyond the normal
247-retirement age in the applicable retirement or pension plan shall give
248-notice of intent to retire, in writing, to such employee's employer not
249-less than thirty days prior to the date of such retirement.
250-(d) (1) An employer shall provide written notice of the right to be free
251-from discrimination in relation to pregnancy, childbirth and related
252-conditions, including the right to a reasonable accommodation to the
253-known limitations related to pregnancy pursuant to subdivision (7) of
254-subsection (b) of this section to: (A) New employees at the
255-commencement of employment; (B) existing employees within one
256-hundred twenty days after the effective date of this section; and (C) any
257-employee who notifies the employer of her pregnancy within ten days
258-of such notification. An employer may comply with the provisions of
259-this section by displaying a poster in a conspicuous place, accessible to
260-employees, at the employer's place of business that contains the
261-information required by this section in both English and Spanish. The
262-Labor Commissioner may adopt regulations, in accordance with
263-chapter 54, to establish additional requirements concerning the means
264-by which employers shall provide such notice.
265-(2) The Commission on Human Rights and Opportunities shall
266-develop courses of instruction and conduct ongoing public education Senate Bill No. 56
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199+taken may be the subject of a complaint filed under the provisions of 145
200+this chapter. Nothing in this subdivision is intended to prohibit an 146
201+employer from taking reasonable measures to protect an employee from 147
202+exposure to such substances. For the purpose of this subdivision, 148
203+"reasonable measures" shall be those measures which are consistent 149
204+with business necessity and are least disruptive of the terms and 150
205+conditions of the employee's employment; 151
206+(11) For an employer, by the employer or the employer's agent, for an 152
207+employment agency, by itself or its agent, or for any labor organization, 153
208+by itself or its agent: (A) To request or require genetic information from 154
209+an employee, person seeking employment or member, or (B) to 155
210+discharge, expel or otherwise discriminate against any person on the 156
211+basis of genetic information. For the purpose of this subdivision, 157
212+"genetic information" means the information about genes, gene 158
213+products or inherited characteristics that may derive from an individual 159
214+or a family member; 160
215+(12) For an employer, by the employer or the employer's agent, to 161
216+request or require a prospective employee's age, date of birth, dates of 162
217+attendance at or date of graduation from an educational institution on 163
218+an initial employment application, provided the provisions of this 164
219+subdivision shall not apply to any employer requesting or requiring 165
220+such information (A) based on a bona fide occupational qualification or 166
221+need, or (B) when such information is required to comply with any 167
222+provision of state or federal law. 168
223+(c) (1) The provisions of this section concerning age shall not apply 169
224+to: (A) The termination of employment of any person with a contract of 170
225+unlimited tenure at an independent institution of higher education who 171
226+is mandatorily retired, on or before July 1, 1993, after having attained 172
227+the age of seventy; (B) the termination of employment of any person 173
228+who has attained the age of sixty-five and who, for the two years 174
229+immediately preceding such termination, is employed in a bona fide 175
230+executive or a high policy-making position, if such person is entitled to 176
231+an immediate nonforfeitable annual retirement benefit under a pension, 177 Committee Bill No. 56
269232
270-efforts as necessary to inform employers, employees, employment
271-agencies and persons seeking employment about their rights and
272-responsibilities under this section.
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238+profit-sharing, savings or deferred compensation plan, or any 178
239+combination of such plans, from such person's employer, which equals, 179
240+in aggregate, at least forty-four thousand dollars; (C) the termination of 180
241+employment of persons in occupations, including police work and fire-181
242+fighting, in which age is a bona fide occupational qualification; (D) the 182
243+operation of any bona fide apprenticeship system or plan; or (E) the 183
244+observance of the terms of a bona fide seniority system or any bona fide 184
245+employee benefit plan for retirement, pensions or insurance which is not 185
246+adopted for the purpose of evading said provisions, except that no such 186
247+plan may excuse the failure to hire any individual and no such system 187
248+or plan may require or permit the termination of employment on the 188
249+basis of age. No such plan which covers less than twenty employees may 189
250+reduce the group hospital, surgical or medical insurance coverage 190
251+provided under the plan to any employee who has reached the age of 191
252+sixty-five and is eligible for Medicare benefits or any employee's spouse 192
253+who has reached age sixty-five and is eligible for Medicare benefits 193
254+except to the extent such coverage is provided by Medicare. The terms 194
255+of any such plan which covers twenty or more employees shall entitle 195
256+any employee who has attained the age of sixty-five and any employee's 196
257+spouse who has attained the age of sixty-five to group hospital, surgical 197
258+or medical insurance coverage under the same conditions as any 198
259+covered employee or spouse who is under the age of sixty-five. 199
260+(2) No employee retirement or pension plan may exclude any 200
261+employee from membership in such plan or cease or reduce the 201
262+employee's benefit accruals or allocations under such plan on the basis 202
263+of age. The provisions of this subdivision shall be applicable to plan 203
264+years beginning on or after January 1, 1988, except that for any 204
265+collectively bargained plan this subdivision shall be applicable on the 205
266+earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of 206
267+the collective bargaining agreement, or (ii) January 1, 1988. 207
268+(3) The provisions of this section concerning age shall not prohibit an 208
269+employer from requiring medical examinations for employees for the 209
270+purpose of determining such employees' physical qualification for 210 Committee Bill No. 56
271+
272+
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274+R02-SB.docx }
275+8 of 8
276+
277+continued employment. 211
278+(4) Any employee who continues employment beyond the normal 212
279+retirement age in the applicable retirement or pension plan shall give 213
280+notice of intent to retire, in writing, to such employee's employer not 214
281+less than thirty days prior to the date of such retirement. 215
282+(d) (1) An employer shall provide written notice of the right to be free 216
283+from discrimination in relation to pregnancy, childbirth and related 217
284+conditions, including the right to a reasonable accommodation to the 218
285+known limitations related to pregnancy pursuant to subdivision (7) of 219
286+subsection (b) of this section to: (A) New employees at the 220
287+commencement of employment; (B) existing employees within one 221
288+hundred twenty days after the effective date of this section; and (C) any 222
289+employee who notifies the employer of her pregnancy within ten days 223
290+of such notification. An employer may comply with the provisions of 224
291+this section by displaying a poster in a conspicuous place, accessible to 225
292+employees, at the employer's place of business that contains the 226
293+information required by this section in both English and Spanish. The 227
294+Labor Commissioner may adopt regulations, in accordance with 228
295+chapter 54, to establish additional requirements concerning the means 229
296+by which employers shall provide such notice. 230
297+(2) The Commission on Human Rights and Opportunities shall 231
298+develop courses of instruction and conduct ongoing public education 232
299+efforts as necessary to inform employers, employees, employment 233
300+agencies and persons seeking employment about their rights and 234
301+responsibilities under this section. 235
302+This act shall take effect as follows and shall amend the following
303+sections:
304+
305+Section 1 October 1, 2021 46a-60
306+
307+AGE Joint Favorable
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