Connecticut 2021 Regular Session

Connecticut Senate Bill SB01023 Compare Versions

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	7	+	General Assembly Substitute Bill No. 1023
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 1023
5		-
6		-	Public Act No. 21-109
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9	14		AN ACT CONCERNING TH E DUTIES AND RESPONS IBILITIES OF
10	15		THE COMMISSION ON HU MAN RIGHTS AND OPPOR TUNITIES.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Subparagraph (A) of subdivision (4) of subsection (b) of
15		-	section 46a-68 of the general statutes is repealed and the following is
16		-	substituted in lieu thereof (Effective October 1, 2021):
17		-	(4) (A) Each person designated by a state agency, department, board
18		-	or commission as an equal employment opportunity officer shall (i) be
19		-	responsible for mitigating any discriminatory conduct within the
20		-	agency, department, board or commission, (ii) investigate all complaints
21		-	of discrimination made against the state agency, department, board or
22		-	commission, except if any such complaint has been filed with the
23		-	Commission on Human Rights and Opportunities or the Equal
24		-	Employment Opportunity Commission, the state agency, department,
25		-	board or commission may rely upon the process of the applicable
26		-	commission, as applicable, in lieu of such investigation, and (iii) report
27		-	all findings and recommendations upon the conclusion of an
28		-	investigation to the commissioner or director of the state agency,
29		-	department, board or commission for proper action. An equal
30		-	employment opportunity officer shall not disclose witness statements or
31		-	documents received or compiled in conjunction with the investigation Substitute ~~Senate~~ Bill No. 1023
	19	+	Section 1. Subparagraph (A) of subdivision (4) of subsection (b) of 1
	20	+	section 46a-68 of the general statutes is repealed and the following is 2
	21	+	substituted in lieu thereof (Effective October 1, 2021): 3
	22	+	(4) (A) Each person designated by a state agency, department, board 4
	23	+	or commission as an equal employment opportunity officer shall (i) be 5
	24	+	responsible for mitigating any discriminatory conduct within the 6
	25	+	agency, department, board or commission, (ii) investigate all complaints 7
	26	+	of discrimination made against the state agency, department, board or 8
	27	+	commission, [except if any such complaint has been filed with the 9
	28	+	Commission on Human Rights and Opportunities or the Equal 10
	29	+	Employment Opportunity Commission, the state agency, department, 11
	30	+	board or commission may rely upon the process of the applicable 12
	31	+	commission, as applicable, in lieu of such investigation,] and (iii) report 13
	32	+	all findings and recommendations upon the conclusion of an 14
	33	+	investigation to the commissioner or director of the state agency, 15
	34	+	department, board or commission for proper action. An equal 16
	35	+	employment opportunity officer shall not disclose witness statements or 17
	36	+	documents received or compiled in conjunction with the investigation 18 Substitute Bill No. 1023
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33		-	Public Act No. 21-109 2 of 7
34	38
35		-	of a complaint of discriminatory conduct within the agency,
36		-	department, board or commission until the conclusion of such
37		-	investigation, except that witness statements or documents may be
38		-	disclosed to personnel charged with investigating or adjudicating such
39		-	complaint, or to the Commission on Human Rights and Opportunities.
40		-	If a state agency, department, board or commission relies upon the
41		-	process of an applicable commission investigation pursuant to clause
42		-	(ii) of this subparagraph, such agency, department, board or
43		-	commission shall not be relieved of its duty to mitigate discriminatory
44		-	conduct under clause (i) of this subparagraph or of its responsibility to
45		-	take immediate corrective action to prevent a like occurrence.
46		-	Sec. 2. Subsection (b) of section 46a-84 of the general statutes is
47		-	repealed and the following is substituted in lieu thereof (Effective October
48		-	1, 2021):
49		-	(b) Upon (1) certification of a complaint filed pursuant to subsection
50		-	(a) or (b) of section 46a-82, (2) the filing of a complaint pursuant to
51		-	subsection (c) of said section, or (3) a decision to hear a complaint, which
52		-	is made pursuant to subsection (e) of section 46a-83, the Chief Human
53		-	Rights Referee shall appoint a human rights referee to act as a presiding
54		-	officer to hear the complaint. The chief referee shall also appoint an
55		-	individual authorized by subsection (e) of this section or a referee, other
56		-	than the referee appointed to hear the complaint, to conduct settlement
57		-	negotiations. The chief referee shall serve in the name of the
58		-	commission, and in accordance with section 46a-86a, a copy of the
59		-	complaint, as the same may have been amended, requiring the
60		-	respondent to answer the charges of the complaint, together with a
61		-	written notice requiring the respondent to appear at a hearing or
62		-	settlement conference at a date and time specified in the notice. A
63		-	hearing on a complaint filed pursuant to subsection (a) or (b) of section
64		-	46a-82 shall be commenced by convening a hearing conference not later
65		-	than forty-five days after the certification of the complaint. Such hearing Substitute Senate Bill No. 1023
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	43	+	of a complaint of discriminatory conduct within the agency, 19
	44	+	department, board or commission until the conclusion of such 20
	45	+	investigation, except that witness statements or documents may be 21
	46	+	disclosed to personnel charged with investigating or adjudicating such 22
	47	+	complaint, or to the Commission on Human Rights and Opportunities. 23
	48	+	Sec. 2. Subsection (b) of section 46a-84 of the general statutes is 24
	49	+	repealed and the following is substituted in lieu thereof (Effective October 25
	50	+	1, 2021): 26
	51	+	(b) Upon (1) certification of a complaint filed pursuant to subsection 27
	52	+	(a) or (b) of section 46a-82, (2) the filing of a complaint pursuant to 28
	53	+	subsection (c) of said section, or (3) a decision to hear a complaint, which 29
	54	+	is made pursuant to subsection (e) of section 46a-83, the Chief Human 30
	55	+	Rights Referee shall appoint a human rights referee to act as a presiding 31
	56	+	officer to hear the complaint. The chief referee shall also appoint an 32
	57	+	individual authorized by subsection (e) of this section or a referee, other 33
	58	+	than the referee appointed to hear the complaint, to conduct settlement 34
	59	+	negotiations. The chief referee shall serve in the name of the 35
	60	+	commission, and in accordance with section 46a-86a, a copy of the 36
	61	+	complaint, as the same may have been amended, requiring the 37
	62	+	respondent to answer the charges of the complaint, together with a 38
	63	+	written notice requiring the respondent to appear at a hearing or 39
	64	+	settlement conference at a date and time specified in the notice. A 40
	65	+	hearing on a complaint filed pursuant to subsection (a) or (b) of section 41
	66	+	46a-82 shall be commenced by convening a hearing conference not later 42
	67	+	than forty-five days after the certification of the complaint. Such hearing 43
	68	+	shall be a de novo hearing on the merits of the complaint and not an 44
	69	+	appeal of the commission's processing of the complaint prior to its 45
	70	+	certification. A hearing on a complaint filed pursuant to subsection (c) 46
	71	+	of section 46a-82 shall be commenced by convening a hearing 47
	72	+	conference not later than twenty days after the date of notice of such 48
	73	+	complaint. Hearings shall proceed with reasonable dispatch and be 49
	74	+	concluded in accordance with the provisions of section 4-180. 50
	75	+	Sec. 3. Section 46a-68c of the general statutes is repealed and the 51 Substitute Bill No. 1023
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69		-	shall be a de novo hearing on the merits of the complaint and not an
70		-	appeal of the commission's processing of the complaint prior to its
71		-	certification. A hearing on a complaint filed pursuant to subsection (c)
72		-	of section 46a-82 shall be commenced by convening a hearing
73		-	conference not later than twenty days after the date of notice of such
74		-	complaint. Hearings shall proceed with reasonable dispatch and be
75		-	concluded in accordance with the provisions of section 4-180.
76		-	Sec. 3. Section 46a-68c of the general statutes is repealed and the
77		-	following is substituted in lieu thereof (Effective October 1, 2021):
78		-	In addition to the provisions of section 4a-60, each contractor with
79		-	fifty or more employees awarded a public works contract, municipal
80		-	public works contract or contract for a quasi-public agency project in
81		-	excess of fifty thousand dollars in any fiscal year, but not subject to the
82		-	provisions of section 46a-68d, shall develop and file with the
83		-	Commission on Human Rights and Opportunities an affirmative action
84		-	plan which shall comply with regulations adopted by the commission.
85		-	The executive director or the executive director's designee shall review
86		-	and formally approve, conditionally approve or disapprove the content
87		-	of the affirmative action plan not later than one hundred twenty days
88		-	following the date of the submission of the plan to the commission. If
89		-	the executive director or the executive director's designee fails to
90		-	approve, conditionally approve or disapprove a plan within such one-
91		-	hundred-twenty-day period, the plan shall be deemed to be either
92		-	approved or deficient without consequence. The executive director or
93		-	the executive director's designee shall, not later than fifteen days after
94		-	the date of deeming an affirmative action plan approved or deficient
95		-	without consequence, provide the contractor with written notification
96		-	of the action taken with respect to such plan. Failure to develop an
97		-	[approved] affirmative action plan [pursuant to this section] that is
98		-	either approved or deficient without consequence shall act as a bar to
99		-	bidding on or the award of future contracts until such requirement has Substitute Senate Bill No. 1023
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103		-	been met. When the executive director or the executive director's
104		-	designee approves an affirmative action plan pursuant to this section,
105		-	the executive director or the executive director's designee shall issue a
106		-	certificate of compliance to the contractor. Such certificate shall be prima
107		-	facie proof of the contractor's eligibility to bid or be awarded contracts
108		-	for a period of two years from the date of the certificate. Such certificate
109		-	shall not excuse the contractor from monitoring by the commission or
110		-	from the reporting and record-keeping requirements of sections 46a-68e
111		-	and 46a-68f. The executive director or the executive director's designee
112		-	may revoke the certificate of a contractor if the contractor does not
113		-	implement its affirmative action plan in compliance with this section
114		-	and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, and 46a-68e
115		-	to 46a-68k, inclusive.
116		-	Sec. 4. Subdivision (15) of section 46a-54 of the general statutes is
117		-	repealed and the following is substituted in lieu thereof (Effective October
118		-	1, 2021):
119		-	(15) To require an employer having three or more employees to (A)
120		-	post in a prominent and accessible location information concerning the
121		-	illegality of sexual harassment and remedies available to victims of
122		-	sexual harassment, (B) provide, not later than three months after the
123		-	employee's start date with the employer, a copy of the information
124		-	concerning the illegality of sexual harassment and remedies available to
125		-	victims of sexual harassment to each employee by electronic mail with
126		-	a subject line that includes the words "Sexual Harassment Policy" or
127		-	words of similar import, if (i) the employer has provided an electronic
128		-	mail account to the employee, or (ii) the employee has provided the
129		-	employer with an electronic mail address, provided if an employer has
130		-	not provided an electronic mail account to the employee, the employer
131		-	shall post the information concerning the illegality of sexual harassment
132		-	and remedies available to victims of sexual harassment on the
133		-	employer's Internet web site, if the employer maintains such an Internet Substitute Senate Bill No. 1023
	82	+	following is substituted in lieu thereof (Effective October 1, 2021): 52
	83	+	In addition to the provisions of section 4a-60, each contractor with 53
	84	+	fifty or more employees awarded a public works contract, municipal 54
	85	+	public works contract or contract for a quasi-public agency project in 55
	86	+	excess of fifty thousand dollars in any fiscal year, but not subject to the 56
	87	+	provisions of section 46a-68d, shall develop and file with the 57
	88	+	Commission on Human Rights and Opportunities an affirmative action 58
	89	+	plan which shall comply with regulations adopted by the commission. 59
	90	+	The executive director or the executive director's designee shall review 60
	91	+	and formally approve, conditionally approve or disapprove the content 61
	92	+	of the affirmative action plan not later than one hundred twenty days 62
	93	+	following the date of the submission of the plan to the commission. If 63
	94	+	the executive director or the executive director's designee fails to 64
	95	+	approve, conditionally approve or disapprove a plan within such one-65
	96	+	hundred-twenty-day period, the plan shall be deemed to be either 66
	97	+	approved or deficient without consequence. The executive director or 67
	98	+	the executive director's designee shall, not later than fifteen days after 68
	99	+	the date of deeming an affirmative action plan approved or deficient 69
	100	+	without consequence, provide the contractor with written notification 70
	101	+	of the action taken with respect to such plan. Failure to develop an 71
	102	+	[approved] affirmative action plan [pursuant to this section] that is 72
	103	+	either approved or deficient without consequence shall act as a bar to 73
	104	+	bidding on or the award of future contracts until such requirement has 74
	105	+	been met. When the executive director or the executive director's 75
	106	+	designee approves an affirmative action plan pursuant to this section, 76
	107	+	the executive director or the executive director's designee shall issue a 77
	108	+	certificate of compliance to the contractor. Such certificate shall be prima 78
	109	+	facie proof of the contractor's eligibility to bid or be awarded contracts 79
	110	+	for a period of two years from the date of the certificate. Such certificate 80
	111	+	shall not excuse the contractor from monitoring by the commission or 81
	112	+	from the reporting and record-keeping requirements of sections 46a-68e 82
	113	+	and 46a-68f. The executive director or the executive director's designee 83
	114	+	may revoke the certificate of a contractor if the contractor does not 84
	115	+	implement its affirmative action plan in compliance with this section 85 Substitute Bill No. 1023
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137		-	web site. An employer may comply with the requirements of this
138		-	subparagraph, by providing an employee with the link to the
139		-	commission's Internet web site concerning the illegality of sexual
140		-	harassment and the remedies available to victims of sexual harassment
141		-	by electronic mail, text message or in writing; and (C) provide two hours
142		-	of training and education to employees within one year of October 1,
143		-	2019, provided any employer who has provided such training and
144		-	education to any such employees after October 1, 2018, shall not be
145		-	required to provide such training and education a second time. An
146		-	employer having (i) three or more employees, shall provide such
147		-	training and education to an employee hired on or after October 1, 2019,
148		-	not later than six months after the date of his or her hire, provided the
149		-	commission has developed and made available such training and
150		-	education materials in accordance with the provisions of subdivision (8)
151		-	of subsection (a) of section 46a-56; or (ii) less than three employees shall
152		-	provide such training and education to all supervisory employees
153		-	within one year of October 1, 2019, and to all new supervisory
154		-	employees within six months of their assumption of a supervisory
155		-	position, provided any employer who has provided such training and
156		-	education to any such supervisory employees after October 1, 2018, shall
157		-	not be required to provide such training and education a second time.
158		-	Any supervisory employee hired on or after October 1, 2019, by an
159		-	employer having less than three employees, shall receive such training
160		-	and education not later than six months after the date of his or her hire,
161		-	provided the commission has developed and made available such
162		-	training and education materials in accordance with the provisions of
163		-	subdivision (8) of subsection (a) of section 46a-56. Such training and
164		-	education shall include information concerning the federal and state
165		-	statutory provisions concerning sexual harassment and remedies
166		-	available to victims of sexual harassment. If an employee has received
167		-	in-person training provided by the commission or has taken the no cost
168		-	online training provided by the commission on its Internet web site in
169		-	accordance with the provisions of subdivision (8) of subsection (a) of Substitute Senate Bill No. 1023
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	122	+	and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, and 46a-68e 86
	123	+	to 46a-68k, inclusive. 87
	124	+	Sec. 4. Subdivision (15) of section 46a-54 of the general statutes is 88
	125	+	repealed and the following is substituted in lieu thereof (Effective October 89
	126	+	1, 2021): 90
	127	+	(15) To require an employer having three or more employees to (A) 91
	128	+	post in a prominent and accessible location information concerning the 92
	129	+	illegality of sexual harassment and remedies available to victims of 93
	130	+	sexual harassment, (B) provide, not later than three months after the 94
	131	+	employee's start date with the employer, a copy of the information 95
	132	+	concerning the illegality of sexual harassment and remedies available to 96
	133	+	victims of sexual harassment to each employee by electronic mail with 97
	134	+	a subject line that includes the words "Sexual Harassment Policy" or 98
	135	+	words of similar import, if (i) the employer has provided an electronic 99
	136	+	mail account to the employee, or (ii) the employee has provided the 100
	137	+	employer with an electronic mail address, provided if an employer has 101
	138	+	not provided an electronic mail account to the employee, the employer 102
	139	+	shall post the information concerning the illegality of sexual harassment 103
	140	+	and remedies available to victims of sexual harassment on the 104
	141	+	employer's Internet web site, if the employer maintains such an Internet 105
	142	+	web site. An employer may comply with the requirements of this 106
	143	+	subparagraph, by providing an employee with the link to the 107
	144	+	commission's Internet web site concerning the illegality of sexual 108
	145	+	harassment and the remedies available to victims of sexual harassment 109
	146	+	by electronic mail, text message or in writing; and (C) provide two hours 110
	147	+	of training and education to employees within one year of October 1, 111
	148	+	2019, provided any employer who has provided such training and 112
	149	+	education to any such employees after October 1, 2018, shall not be 113
	150	+	required to provide such training and education a second time. An 114
	151	+	employer having (i) three or more employees, shall provide such 115
	152	+	training and education to an employee hired on or after October 1, 2019, 116
	153	+	not later than six months after the date of his or her hire, provided the 117
	154	+	commission has developed and made available such training and 118 Substitute Bill No. 1023
172	155
173		-	section 46a-56, while employed by a different employer within the two
174		-	years preceding the date of hire, an employer may consider such prior
175		-	training to satisfy the training requirements of this section. An employer
176		-	who is required to provide training under this subdivision shall provide
177		-	periodic supplemental training that updates all supervisory and
178		-	nonsupervisory employees on the content of such training and
179		-	education not less than every ten years. As used in this subdivision,
180		-	"sexual harassment" has the same meaning as provided in subdivision
181		-	(8) of subsection (b) of section 46a-60 and "employer" includes the
182		-	General Assembly and "employee" means any individual employed by
183		-	an employer, including an individual employed by such individual's
184		-	parent, spouse or child;
185		-	Sec. 5. Subsection (f) of section 46a-82 of the general statutes is
186		-	repealed and the following is substituted in lieu thereof (Effective October
187		-	1, 2021):
188		-	(f) (1) Any complaint filed pursuant to this section for an alleged act
189		-	of discrimination that occurred prior to October 1, 2021, shall be filed
190		-	within one hundred and eighty days after the date of the alleged act of
191		-	discrimination, except that any complaint by a person [(1)] (A) claiming
192		-	to be aggrieved by a violation of subsection (a) of section 46a-80 that
193		-	occurred on or before October 1, 2019, shall be filed within thirty days
194		-	of the date of the alleged act of discrimination, and [(2)] (B) claiming to
195		-	be aggrieved by a violation of section 46a-60, sections 46a-70 to 46a-78,
196		-	inclusive, or section 46a-80 or 46a-81c, that occurred on or after October
197		-	1, 2019, and prior to October 1, 2021, shall be filed not later than three
198		-	hundred days after the date of the alleged act of discrimination.
199		-	(2) Any complaint filed pursuant to this section for an alleged act of
200		-	discrimination that occurred on or after October 1, 2021, shall be filed
201		-	within three hundred days after the date of the alleged act of
202		-	discrimination. Substitute Senate Bill No. 1023
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	161	+	education materials in accordance with the provisions of subdivision (8) 119
	162	+	of subsection (a) of section 46a-56; or (ii) less than three employees shall 120
	163	+	provide such training and education to all supervisory employees 121
	164	+	within one year of October 1, 2019, and to all new supervisory 122
	165	+	employees within six months of their assumption of a supervisory 123
	166	+	position, provided any employer who has provided such training and 124
	167	+	education to any such supervisory employees after October 1, 2018, shall 125
	168	+	not be required to provide such training and education a second time. 126
	169	+	Any supervisory employee hired on or after October 1, 2019, by an 127
	170	+	employer having less than three employees, shall receive such training 128
	171	+	and education not later than six months after the date of his or her hire, 129
	172	+	provided the commission has developed and made available such 130
	173	+	training and education materials in accordance with the provisions of 131
	174	+	subdivision (8) of subsection (a) of section 46a-56. Such training and 132
	175	+	education shall include information concerning the federal and state 133
	176	+	statutory provisions concerning sexual harassment and remedies 134
	177	+	available to victims of sexual harassment. If an employee has received 135
	178	+	in-person training provided by the commission or has taken the no cost 136
	179	+	online training provided by the commission on its Internet web site in 137
	180	+	accordance with the provisions of subdivision (8) of subsection (a) of 138
	181	+	section 46a-56, while employed by a different employer within the two 139
	182	+	years preceding the date of hire, an employer may consider such prior 140
	183	+	training to satisfy the training requirements of this section. An employer 141
	184	+	who is required to provide training under this subdivision shall provide 142
	185	+	periodic supplemental training that updates all supervisory and 143
	186	+	nonsupervisory employees on the content of such training and 144
	187	+	education not less than every ten years. As used in this subdivision, 145
	188	+	"sexual harassment" has the same meaning as provided in subdivision 146
	189	+	(8) of subsection (b) of section 46a-60 and "employer" includes the 147
	190	+	General Assembly and "employee" means any individual employed by 148
	191	+	an employer, including an individual employed by such individual's 149
	192	+	parent, spouse or child; 150
	193	+	Sec. 5. Subsection (f) of section 46a-82 of the general statutes is 151
	194	+	repealed and the following is substituted in lieu thereof (Effective October 152 Substitute Bill No. 1023
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	201	+	1, 2021): 153
	202	+	(f) (1) Any complaint filed pursuant to this section for an alleged act 154
	203	+	of discrimination that occurred prior to October 1, 2021, shall be filed 155
	204	+	within one hundred and eighty days after the date of the alleged act of 156
	205	+	discrimination, except that any complaint by a person [(1)] (A) claiming 157
	206	+	to be aggrieved by a violation of subsection (a) of section 46a-80 that 158
	207	+	occurred on or before October 1, 2019, shall be filed within thirty days 159
	208	+	of the date of the alleged act of discrimination, and [(2)] (B) claiming to 160
	209	+	be aggrieved by a violation of section 46a-60, sections 46a-70 to 46a-78, 161
	210	+	inclusive, or section 46a-80 or 46a-81c, that occurred on or after October 162
	211	+	1, 2019, and prior to October 1, 2021, shall be filed not later than three 163
	212	+	hundred days after the date of the alleged act of discrimination. 164
	213	+	(2) Any complaint filed pursuant to this section for an alleged act of 165
	214	+	discrimination that occurred on or after October 1, 2021, shall be filed 166
	215	+	within three hundred days after the date of the alleged act of 167
	216	+	discrimination. 168
	217	+	This act shall take effect as follows and shall amend the following
	218	+	sections:
	219	+
	220	+	Section 1 October 1, 2021 46a-68(b)(4)(A)
	221	+	Sec. 2 October 1, 2021 46a-84(b)
	222	+	Sec. 3 October 1, 2021 46a-68c
	223	+	Sec. 4 October 1, 2021 46a-54(15)
	224	+	Sec. 5 October 1, 2021 46a-82(f)
	225	+
	226	+	Statement of Legislative Commissioners:
	227	+	In Section 5(f)(2), ", provided such alleged act of discrimination occurred
	228	+	on or after October 1, 2021" was deleted from the end of the sentence to
	229	+	avoid repetition.
	230	+
	231	+	JUD Joint Favorable Subst.
206	232