Connecticut 2022 Regular Session

Connecticut House Bill HB05443 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	HB.docx
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7		-	General Assembly Substitute Bill No. 5443
8		-	February Session, 2022
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12		-	AN ACT CONCERNING DISCLOSURE OF SOCIAL SECURITY
13		-	NUMBERS ON EMPLOYMENT APPLICATIONS.
	4	+	LCO No. 2983 1 of 6
	5	+
	6	+	General Assembly Raised Bill No. 5443
	7	+	February Session, 2022
	8	+	LCO No. 2983
	9	+
	10	+
	11	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	12	+
	13	+
	14	+	Introduced by:
	15	+	(LAB)
	16	+
	17	+
	18	+
	19	+
	20	+	AN ACT CONCERNING IDENTITY THEFT.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Subsection (b) of section 46a-60 of the 2022 supplement to 1
18	25		the general statutes is repealed and the following is substituted in lieu 2
19	26		thereof (Effective July 1, 2022): 3
20	27		(b) It shall be a discriminatory practice in violation of this section: 4
21	28		(1) For an employer, by the employer or the employer's agent, except 5
22	29		in the case of a bona fide occupational qualification or need, to refuse to 6
23	30		hire or employ or to bar or to discharge from employment any 7
24	31		individual or to discriminate against any individual in compensation or 8
25	32		in terms, conditions or privileges of employment because of the 9
26	33		individual's race, color, religious creed, age, sex, gender identity or 10
27	34		expression, marital status, national origin, ancestry, present or past 11
28	35		history of mental disability, intellectual disability, learning disability, 12
29	36		physical disability, including, but not limited to, blindness or status as a 13
30	37		veteran; 14
31		-	(2) For any employment agency, except in the case of a bona fide 15
	38	+	(2) For any employment agency, except in the case of a bona fide 15 Raised Bill No. 5443
	39	+
	40	+
	41	+
	42	+	LCO No. 2983 2 of 6
	43	+
32	44		occupational qualification or need, to fail or refuse to classify properly 16
33	45		or refer for employment or otherwise to discriminate against any 17
34		-	individual because of such individual's race, color, religious creed, age, 18 Substitute Bill No. 5443
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	46	+	individual because of such individual's race, color, religious creed, age, 18
41	47		sex, gender identity or expression, marital status, national origin, 19
42	48		ancestry, present or past history of mental disability, intellectual 20
43	49		disability, learning disability, physical disability, including, but not 21
44	50		limited to, blindness or status as a veteran; 22
45	51		(3) For a labor organization, because of the race, color, religious creed, 23
46	52		age, sex, gender identity or expression, marital status, national origin, 24
47	53		ancestry, present or past history of mental disability, intellectual 25
48	54		disability, learning disability, physical disability, including, but not 26
49	55		limited to, blindness or status as a veteran of any individual to exclude 27
50	56		from full membership rights or to expel from its membership such 28
51	57		individual or to discriminate in any way against any of its members or 29
52	58		against any employer or any individual employed by an employer, 30
53	59		unless such action is based on a bona fide occupational qualification; 31
54	60		(4) For any person, employer, labor organization or employment 32
55	61		agency to discharge, expel or otherwise discriminate against any person 33
56	62		because such person has opposed any discriminatory employment 34
57	63		practice or because such person has filed a complaint or testified or 35
58	64		assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; 36
59	65		(5) For any person, whether an employer or an employee or not, to 37
60	66		aid, abet, incite, compel or coerce the doing of any act declared to be a 38
61	67		discriminatory employment practice or to attempt to do so; 39
62	68		(6) For any person, employer, employment agency or labor 40
63	69		organization, except in the case of a bona fide occupational qualification 41
64	70		or need, to advertise employment opportunities in such a manner as to 42
65	71		restrict such employment so as to discriminate against individuals 43
66	72		because of their race, color, religious creed, age, sex, gender identity or 44
67	73		expression, marital status, national origin, ancestry, present or past 45
68	74		history of mental disability, intellectual disability, learning disability, 46
69		-	physical disability, including, but not limited to, blindness or status as a 47
70		-	veteran; 48
71		-	(7) For an employer, by the employer or the employer's agent: (A) To 49 Substitute Bill No. 5443
	75	+	physical disability, including, but not limited to, blindness or status as a 47 Raised Bill No. 5443
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	79	+	LCO No. 2983 3 of 6
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	81	+	veteran; 48
	82	+	(7) For an employer, by the employer or the employer's agent: (A) To 49
78	83		terminate a woman's employment because of her pregnancy; (B) to 50
79	84		refuse to grant to that employee a reasonable leave of absence for 51
80	85		disability resulting from her pregnancy; (C) to deny to that employee, 52
81	86		who is disabled as a result of pregnancy, any compensation to which 53
82	87		she is entitled as a result of the accumulation of disability or leave 54
83	88		benefits accrued pursuant to plans maintained by the employer; (D) to 55
84	89		fail or refuse to reinstate the employee to her original job or to an 56
85	90		equivalent position with equivalent pay and accumulated seniority, 57
86	91		retirement, fringe benefits and other service credits upon her signifying 58
87	92		her intent to return unless, in the case of a private employer, the 59
88	93		employer's circumstances have so changed as to make it impossible or 60
89	94		unreasonable to do so; (E) to limit, segregate or classify the employee in 61
90	95		a way that would deprive her of employment opportunities due to her 62
91	96		pregnancy; (F) to discriminate against an employee or person seeking 63
92	97		employment on the basis of her pregnancy in the terms or conditions of 64
93	98		her employment; (G) to fail or refuse to make a reasonable 65
94	99		accommodation for an employee or person seeking employment due to 66
95	100		her pregnancy, unless the employer can demonstrate that such 67
96	101		accommodation would impose an undue hardship on such employer; 68
97	102		(H) to deny employment opportunities to an employee or person 69
98	103		seeking employment if such denial is due to the employee's request for 70
99	104		a reasonable accommodation due to her pregnancy; (I) to force an 71
100	105		employee or person seeking employment affected by pregnancy to 72
101	106		accept a reasonable accommodation if such employee or person seeking 73
102	107		employment (i) does not have a known limitation related to her 74
103	108		pregnancy, or (ii) does not require a reasonable accommodation to 75
104	109		perform the essential duties related to her employment; (J) to require an 76
105	110		employee to take a leave of absence if a reasonable accommodation can 77
106	111		be provided in lieu of such leave; and (K) to retaliate against an 78
107	112		employee in the terms, conditions or privileges of her employment 79
108	113		based upon such employee's request for a reasonable accommodation; 80
109		-	(8) For an employer, by the employer or the employer's agent, for an 81
110		-	employment agency, by itself or its agent, or for any labor organization, 82
111		-	by itself or its agent, to harass any employee, person seeking 83 Substitute Bill No. 5443
	114	+	(8) For an employer, by the employer or the employer's agent, for an 81 Raised Bill No. 5443
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	118	+	LCO No. 2983 4 of 6
	119	+
	120	+	employment agency, by itself or its agent, or for any labor organization, 82
	121	+	by itself or its agent, to harass any employee, person seeking 83
118	122		employment or member on the basis of sex or gender identity or 84
119	123		expression. If an employer takes immediate corrective action in 85
120	124		response to an employee's claim of sexual harassment, such corrective 86
121	125		action shall not modify the conditions of employment of the employee 87
122	126		making the claim of sexual harassment unless such employee agrees, in 88
123	127		writing, to any modification in the conditions of employment. 89
124	128		"Corrective action" taken by an employer, includes, but is not limited to, 90
125	129		employee relocation, assigning an employee to a different work 91
126	130		schedule or other substantive changes to an employee's terms and 92
127	131		conditions of employment. Notwithstanding an employer's failure to 93
128	132		obtain a written agreement from an employee concerning a modification 94
129	133		in the conditions of employment, the commission may find that 95
130	134		corrective action taken by an employer was reasonable and not of 96
131	135		detriment to the complainant based on the evidence presented to the 97
132	136		commission by the complainant and respondent. As used in this 98
133	137		subdivision, "sexual harassment" means any unwelcome sexual 99
134	138		advances or requests for sexual favors or any conduct of a sexual nature 100
135	139		when (A) submission to such conduct is made either explicitly or 101
136	140		implicitly a term or condition of an individual's employment, (B) 102
137	141		submission to or rejection of such conduct by an individual is used as 103
138	142		the basis for employment decisions affecting such individual, or (C) 104
139	143		such conduct has the purpose or effect of substantially interfering with 105
140	144		an individual's work performance or creating an intimidating, hostile or 106
141	145		offensive working environment; 107
142	146		(9) For an employer, by the employer or the employer's agent, for an 108
143	147		employment agency, by itself or its agent, or for any labor organization, 109
144	148		by itself or its agent, to request or require information from an 110
145	149		employee, person seeking employment or member relating to the 111
146	150		individual's child-bearing age or plans, pregnancy, function of the 112
147	151		individual's reproductive system, use of birth control methods, or the 113
148	152		individual's familial responsibilities, unless such information is directly 114
149		-	related to a bona fide occupational qualification or need, provided an 115
150		-	employer, through a physician may request from an employee any such 116
151		-	information which is directly related to workplace exposure to 117 Substitute Bill No. 5443
	153	+	related to a bona fide occupational qualification or need, provided an 115 Raised Bill No. 5443
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	157	+	LCO No. 2983 5 of 6
	158	+
	159	+	employer, through a physician may request from an employee any such 116
	160	+	information which is directly related to workplace exposure to 117
158	161		substances which may cause birth defects or constitute a hazard to an 118
159	162		individual's reproductive system or to a fetus if the employer first 119
160	163		informs the employee of the hazards involved in exposure to such 120
161	164		substances; 121
162	165		(10) For an employer, by the employer or the employer's agent, after 122
163	166		informing an employee, pursuant to subdivision (9) of this subsection, 123
164	167		of a workplace exposure to substances which may cause birth defects or 124
165	168		constitute a hazard to an employee's reproductive system or to a fetus, 125
166	169		to fail or refuse, upon the employee's request, to take reasonable 126
167	170		measures to protect the employee from the exposure or hazard 127
168	171		identified, or to fail or refuse to inform the employee that the measures 128
169	172		taken may be the subject of a complaint filed under the provisions of 129
170	173		this chapter. Nothing in this subdivision is intended to prohibit an 130
171	174		employer from taking reasonable measures to protect an employee from 131
172	175		exposure to such substances. For the purpose of this subdivision, 132
173	176		"reasonable measures" shall be those measures which are consistent 133
174	177		with business necessity and are least disruptive of the terms and 134
175	178		conditions of the employee's employment; 135
176	179		(11) For an employer, by the employer or the employer's agent, for an 136
177	180		employment agency, by itself or its agent, or for any labor organization, 137
178	181		by itself or its agent: (A) To request or require genetic information from 138
179	182		an employee, person seeking employment or member, or (B) to 139
180	183		discharge, expel or otherwise discriminate against any person on the 140
181	184		basis of genetic information. For the purpose of this subdivision, 141
182	185		"genetic information" means the information about genes, gene 142
183	186		products or inherited characteristics that may derive from an individual 143
184	187		or a family member; 144
185	188		(12) For an employer, by the employer or the employer's agent, to 145
186	189		request or require a prospective employee's age, date of birth, dates of 146
187		-	attendance at or date of graduation from an educational institution or 147
188		-	Social Security number on an initial employment application, provided 148
189		-	the provisions of this subdivision shall not apply to any employer 149
190		-	requesting or requiring such information (A) based on a bona fide 150 Substitute Bill No. 5443
	190	+	attendance at, [or] date of graduation from an educational institution or 147
	191	+	Social Security number on an initial employment application, provided 148 Raised Bill No. 5443
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	195	+	LCO No. 2983 6 of 6
	196	+
	197	+	the provisions of this subdivision shall not apply to any employer 149
	198	+	requesting or requiring such information (A) based on a bona fide 150
197	199		occupational qualification or need, or (B) when such information is 151
198	200		required to comply with any provision of state or federal law. 152
199	201		This act shall take effect as follows and shall amend the following
200	202		sections:
201	203
202	204		Section 1 July 1, 2022 46a-60(b)
203	205
204		-	Statement of ~~Legislative Commissioners~~:
205		-	~~In Section 1(b)(12)~~ the ~~comma after "at" and the brackets around "or"~~
206		-	~~were removed for clarity~~.
207		-
208		-
209		-	~~LAB Joint Favorable Subst. -LCO~~
	206	+	Statement of Purpose:
	207	+	To reduce the potential for unauthorized access of job applicants'
	208	+	personal information.
	209	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	210	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	211	+	underlined.]
210	212