LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005-R02- SB.docx 1 of 33 General Assembly Substitute Bill No. 5 February Session, 2022 AN ACT CONCERNING ONLINE DATING OPERATORS, ONLINE CHILD GROOMING AND HARASSMENT, DOMESTIC VIOLENCE TRAINING AND PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE AND DOMESTIC VIOLENCE. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2022) (a) As used in this section 1 and sections 2 to 4, inclusive, of this act: 2 (1) "Online dating" means the act of using software applications to 3 initiate relationships with other individuals for the purpose of romance, 4 sex or marriage. 5 (2) "Online dating operator" means a person who operates a software 6 application designed to facilitate online dating. 7 (3) "User" means an individual who uses the online dating services of 8 an online dating operator. 9 (b) On and after October 1, 2022, prior to a user being permitted to 10 utilize an online dating software application, the online dating operator 11 shall require the user to establish an online dating account. In order to 12 establish an online dating account, the online dating operator shall: 13 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 2 of 33 (1) Create an electronic user file, which file shall minimally include: 14 (A) The user's legal name; 15 (B) The user's date of birth; 16 (C) The entire or last four digits of the user's Social Security number 17 or an equivalent identification number for a foreign user, such as the 18 user's passport number or taxpayer identification number; 19 (D) The user's address; 20 (E) The user's electronic mail address; 21 (F) The user's telephone number; 22 (G) Any other information collected from the user used to verify the 23 user's identity; 24 (H) The method used to verify the user's identity; and 25 (I) The date of verification. 26 (2) Encrypt all confidential information contained in an electronic 27 user file; 28 (3) Verify the user's identity in accordance with section 2 of this act 29 or through an alternative methodology for remote multi-sourced 30 authentication, which may include third-party and governmental 31 databases, that may be approved by the Department of Consumer 32 Protection; and 33 (4) Record the user's certification that the information provided to the 34 online dating operator by the user is accurate. 35 (c) Each online dating account shall be (1) nontransferable, and (2) 36 unique to the user who establishes the account. 37 (d) Online dating operators shall maintain electronic user files for two 38 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 3 of 33 years after the date of termination of an online dating account and shall 39 destroy all copies of the electronic user file after such two-year period 40 expires. 41 Sec. 2. (NEW) (Effective October 1, 2022) (a) On and after October 1, 42 2022, prior to an individual being allowed to open an online dating 43 account, an online dating operator shall conduct a comprehensive 44 identity check of such individual. An online dating operator may 45 contract with a third party for identity verification of any individual 46 seeking to open an online dating account. 47 (b) The comprehensive identity check shall minimally include an 48 identity search of the individual's name, date of birth, address and last 49 four digits of the individual's Social Security number or an equivalent 50 identification number for a foreign user. Prior to establishing the online 51 dating account, an online dating operator shall utilize identity 52 authentication questions that require an individual who seeks to use the 53 online dating service to provide information known only to the 54 individual, such as previous addresses or credit transactions, unless an 55 alternate method of authentication of equal or greater security and 56 effectiveness is approved, in writing, by the Department of Consumer 57 Protection. 58 Sec. 3. (NEW) (Effective October 1, 2022) On and after October 1, 2022, 59 online dating operators shall develop their online dating services to 60 maintain the security and confidentiality of participation and all 61 information in an electronic user file, except such information shall be 62 disclosed in response to a lawful subpoena, summons, warrant or court 63 order. 64 Sec. 4. (NEW) (Effective October 1, 2022) (a) The Department of 65 Consumer Protection may issue fines of not more than twenty-five 66 thousand dollars per violation, accept an offer in compromise, or take 67 other actions permitted by the general statutes or the regulations of 68 Connecticut state agencies if an online dating operator fails to collect, 69 keep confidential or disclose information in accordance with the 70 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 4 of 33 provisions of sections 1 to 3, inclusive, of this act. 71 (b) The Commissioner of Consumer Protection, or the commissioner's 72 designee, may conduct investigations and hold hearings on any matter 73 under the provisions of this section and sections 1 to 3, inclusive, of this 74 act. The commissioner, or the commissioner's designee, may issue 75 subpoenas, administer oaths, compel testimony and order the 76 production of books, records and documents. If any person refuses to 77 appear, to testify or to produce any book, record or document when so 78 ordered, upon application of the commissioner or the commissioner's 79 designee, a judge of the Superior Court may make such order as may be 80 appropriate to aid in the enforcement of this section. 81 (c) The Attorney General, at the request of the commissioner or the 82 commissioner's designee, may apply in the name of the state to the 83 Superior Court for an order temporarily or permanently restraining and 84 enjoining any person from violating any provision of this section and 85 sections 1 to 3, inclusive, of this act. 86 Sec. 5. (Effective from passage) (a) There is established a working group 87 to examine and develop recommendations regarding potential 88 legislation to criminalize child grooming, including acts to persuade, 89 coerce, induce or entice a minor for the purposes of: (1) Sexually 90 exploiting the minor; (2) the creation of child pornography; (3) engaging 91 the minor in prostitution; or (4) trafficking the minor. 92 (b) The working group shall be comprised of: (1) An individual 93 appointed by the president pro tempore of the Senate, who shall serve 94 as the chairperson of the working group, (2) an individual appointed by 95 the speaker of the House of Representatives, (3) an individual appointed 96 by the minority leader of the Senate, (4) an individual appointed by the 97 minority leader of the House of Representatives, (5) an individual 98 appointed by the Senate chairperson of the joint standing committee of 99 the General Assembly having cognizance of matters relating to the 100 judiciary, (6) an individual appointed by the House chairperson of the 101 joint standing committee of the General Assembly having cognizance of 102 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 5 of 33 matters relating to the judiciary, (7) an individual appointed by the 103 Senate ranking member of the joint standing committee of the General 104 Assembly having cognizance of matters relating to the judiciary, (8) an 105 individual appointed by the House ranking member of the joint 106 standing committee of the General Assembly having cognizance of 107 matters relating to the judiciary, (9) the Chief Public Defender, or the 108 Chief Public Defender's designee, and (10) the Chief State's Attorney, or 109 the Chief State's Attorney's designee. Any member of the working 110 group appointed under subdivisions (1) to (8), inclusive, of this 111 subsection may be a member of the General Assembly. 112 (c) All appointments to the working group shall be made not later 113 than sixty days after the effective date of this section. The appointing 114 authority shall provide a copy of such appointment to the administrator 115 of the joint standing committee of the General Assembly having 116 cognizance of matters relating to the judiciary not later than seven days 117 after the date of the appointment. 118 (d) The chairperson of the working group shall schedule the first 119 meeting of the working group, which shall be held not later than ninety 120 days after the effective date of this section. 121 (e) On or before December 31, 2022, the working group shall report 122 its recommendations, in accordance with the provisions of section 11-4a 123 of the general statutes, to the joint standing committee of the General 124 Assembly having cognizance of matters relating to the judiciary. The 125 working group shall terminate on the date that it submits such report or 126 December 31, 2022, whichever is later. 127 Sec. 6. (NEW) (Effective July 1, 2022) (a) As used in this section: 128 (1) "Eligible entity" means any of the following located in this state: 129 (A) A local or regional school district, (B) a historical society, (C) a tax-130 exempt entity registered with the office of the Secretary of the State, (D) 131 a government agency, (E) a constituent unit of the state system of higher 132 education, (F) a public library, or (G) any other entity operating under 133 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 6 of 33 another entity described in this subdivision; and 134 (2) "Online abuse" means the following acts, when conducted using 135 any interactive computer service: (A) Speech or conduct motivated by 136 hatred, prejudice or bigotry towards a person or group based on the 137 person's actual or perceived religion, national origin, alienage, color, 138 race, sex, gender identity or expression, sexual orientation or disability, 139 (B) harassment, (C) stalking, (D) swatting, (E) doxing, or (F) an assault. 140 (b) There is established a grant program to provide educational and 141 training opportunities with the goal of preventing online abuse and 142 informing individuals about identifying, reporting, responding to and 143 avoiding online abuse. The grant program shall be administered by the 144 Department of Emergency Services and Public Protection, in 145 consultation with the State-Wide Hate Crimes Advisory Council, 146 established under section 51-279f of the general statutes. 147 (c) Not later than three months after receiving funds from the state 148 for any fiscal year, the administrator of the grant program shall issue a 149 request for proposals from any eligible entity. Each response to the 150 request for proposals shall: Specify the types of online abuse that the 151 entity proposes to address in accordance with the purposes of the 152 program under subsection (b) of this section; the methods used to 153 achieve the goals of the program; other specific goals of the eligible 154 entity; the target audience of the training and information that the entity 155 would provide; whether the eligible entity is replicating a program 156 found to have a high likelihood of success as determined by a cost-157 benefit analysis appearing in a peer reviewed academic journal; and the 158 amount, if any, of matching funds the eligible entity will contribute. 159 (d) The department may award grants for any programming or 160 service that prevents online abuse or furthers the other goals of the 161 program under subsection (b) of this section, including training teachers 162 or professionals within schools, archiving, public murals, curriculum 163 development and marketing. Eligible entities may use the funds 164 awarded under this subsection collectively, including regionally, 165 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 7 of 33 through coordinated efforts and conferences that achieve the goals of 166 the program. 167 (e) The department may only award a grant to an eligible entity in an 168 amount not to exceed thirty thousand dollars during any fiscal year. 169 Sec. 7. Subdivision (10) of section 46a-51 of the 2022 supplement to 170 the general statutes is repealed and the following is substituted in lieu 171 thereof (Effective October 1, 2022): 172 (10) "Employer" includes the state and all political subdivisions 173 thereof and means any person or employer with [three] one or more 174 persons in such person's or employer's employ; 175 Sec. 8. Section 46a-54 of the 2022 supplement to the general statutes 176 is repealed and the following is substituted in lieu thereof (Effective 177 October 1, 2022): 178 The commission shall have the following powers and duties: 179 (1) To establish and maintain such offices as the commission may 180 deem necessary; 181 (2) To organize the commission into a division of affirmative action 182 monitoring and contract compliance, a division of discriminatory 183 practice complaints and such other divisions, bureaus or units as may 184 be necessary for the efficient conduct of business of the commission; 185 (3) To employ legal staff and commission legal counsel as necessary 186 to perform the duties and responsibilities under section 46a-55. One 187 commission legal counsel shall serve as supervising attorney. Each 188 commission legal counsel shall be admitted to practice law in this state; 189 (4) To appoint such investigators and other employees and agents as 190 it deems necessary, fix their compensation within the limitations 191 provided by law and prescribe their duties; 192 (5) To adopt, publish, amend and rescind regulations consistent with 193 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 8 of 33 and to effectuate the provisions of this chapter; 194 (6) To establish rules of practice to govern, expedite and effectuate 195 the procedures set forth in this chapter; 196 (7) To recommend policies and make recommendations to agencies 197 and officers of the state and local subdivisions of government to 198 effectuate the policies of this chapter; 199 (8) To receive, initiate as provided in section 46a-82, investigate and 200 mediate discriminatory practice complaints; 201 (9) By itself or with or by hearing officers or human rights referees, to 202 hold hearings, subpoena witnesses and compel their attendance, 203 administer oaths, take the testimony of any person under oath and 204 require the production for examination of any books and papers relating 205 to any matter under investigation or in question; 206 (10) To make rules as to the procedure for the issuance of subpoenas 207 by individual commissioners, hearing officers and human rights 208 referees; 209 (11) To require written answers to interrogatories under oath relating 210 to any complaint under investigation pursuant to this chapter alleging 211 any discriminatory practice as defined in subdivision (8) of section 46a-212 51, and to adopt regulations, in accordance with the provisions of 213 chapter 54, for the procedure for the issuance of interrogatories and 214 compliance with interrogatory requests; 215 (12) To utilize such voluntary and uncompensated services of private 216 individuals, agencies and organizations as may from time to time be 217 offered and needed and with the cooperation of such agencies, (A) to 218 study the problems of discrimination in all or specific fields of human 219 relationships, and (B) to foster through education and community effort 220 or otherwise good will among the groups and elements of the 221 population of the state; 222 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 9 of 33 (13) To require the posting by an employer, employment agency or 223 labor organization of such notices regarding statutory provisions as the 224 commission shall provide; 225 (14) To require the posting, by any respondent or other person subject 226 to the requirements of section 46a-64, as amended by this act, 46a-64c, 227 as amended by this act, 46a-81d or 46a-81e, of such notices of statutory 228 provisions as it deems desirable; 229 (15) To require an employer having three or more employees to (A) 230 post in a prominent and accessible location information concerning the 231 illegality of sexual harassment and remedies available to victims of 232 sexual harassment; [,] (B) provide, not later than three months after the 233 employee's start date with the employer, a copy of the information 234 concerning the illegality of sexual harassment and remedies available to 235 victims of sexual harassment to each employee by electronic mail with 236 a subject line that includes the words "Sexual Harassment Policy" or 237 words of similar import, if (i) the employer has provided an electronic 238 mail account to the employee, or (ii) the employee has provided the 239 employer with an electronic mail address, provided if an employer has 240 not provided an electronic mail account to the employee, the employer 241 shall post the information concerning the illegality of sexual harassment 242 and remedies available to victims of sexual harassment on the 243 employer's Internet web site, if the employer maintains such an Internet 244 web site. An employer may comply with the requirements of this 245 subparagraph, by providing an employee with the link to the 246 commission's Internet web site concerning the illegality of sexual 247 harassment and the remedies available to victims of sexual harassment 248 by electronic mail, text message or in writing; and (C) provide two hours 249 of training and education to employees within one year of October 1, 250 2019, provided any employer who has provided such training and 251 education to any such employees after October 1, 2018, shall not be 252 required to provide such training and education a second time. An 253 employer having (i) three or more employees, shall provide such 254 training and education to an employee hired on or after October 1, 2019, 255 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 10 of 33 not later than six months after the date of his or her hire, provided the 256 commission has developed and made available such training and 257 education materials in accordance with the provisions of subdivision (8) 258 of subsection (a) of section 46a-56, as amended by this act; or (ii) less 259 than three employees shall provide such training and education to all 260 supervisory employees within one year of October 1, 2019, and to all 261 new supervisory employees within six months of their assumption of a 262 supervisory position, provided any employer who has provided such 263 training and education to any such supervisory employees after October 264 1, 2018, shall not be required to provide such training and education a 265 second time. Any supervisory employee hired on or after October 1, 266 2019, by an employer having less than three employees, shall receive 267 such training and education not later than six months after the date of 268 his or her hire, provided the commission has developed and made 269 available such training and education materials in accordance with the 270 provisions of subdivision (8) of subsection (a) of section 46a-56, as 271 amended by this act. Such training and education shall include 272 information concerning the federal and state statutory provisions 273 concerning sexual harassment and remedies available to victims of 274 sexual harassment. If an employee has received in-person training 275 provided by the commission or has taken the no cost online training 276 provided by the commission on its Internet web site in accordance with 277 the provisions of subdivision (8) of subsection (a) of section 46a-56, as 278 amended by this act, while employed by a different employer within the 279 two years preceding the date of hire, an employer may consider such 280 prior training to satisfy the training requirements of this section. An 281 employer who is required to provide training under this subdivision 282 shall provide periodic supplemental training that updates all 283 supervisory and nonsupervisory employees on the content of such 284 training and education not less than every ten years. As used in this 285 subdivision, "sexual harassment" has the same meaning as provided in 286 subdivision (8) of subsection (b) of section 46a-60, as amended by this 287 act, and "employer" includes the General Assembly and "employee" 288 means any individual employed by an employer, i ncluding an 289 individual employed by such individual's parent, spouse or child; 290 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 11 of 33 (16) To require each state agency that employs one or more 291 employees to (A) provide a minimum of three hours of diversity 292 training and education (i) to all supervisory and nonsupervisory 293 employees, not later than July 1, 2002, with priority for such training to 294 supervisory employees, and (ii) to all newly hired supervisory and 295 nonsupervisory employees, not later than six months after their 296 assumption of a position with a state agency, with priority for such 297 training to supervisory employees. Such training and education shall 298 include information concerning the federal and state statutory 299 provisions concerning discrimination and hate crimes directed at 300 protected classes and remedies available to victims of discrimination 301 and hate crimes, standards for working with and serving persons from 302 diverse populations and strategies for addressing differences that may 303 arise from diverse work environments; and (B) submit an annual report 304 to the Commission on Human Rights and Opportunities concerning the 305 status of the diversity training and education required under 306 subparagraph (A) of this subdivision. The information in such annual 307 reports shall be reviewed by the commission for the purpose of 308 submitting an annual summary report to the General Assembly. 309 Notwithstanding the provisions of this section, if a state agency has 310 provided such diversity training and education to any of its employees 311 prior to October 1, 1999, such state agency shall not be required to 312 provide such training and education a second time to such employees. 313 The requirements of this subdivision shall be accomplished within 314 available appropriations. As used in this subdivision, "employee" 315 includes any part-time employee who works more than twenty hours 316 per week; 317 (17) To require each agency to submit information demonstrating its 318 compliance with subdivision (16) of this section as part of its affirmative 319 action plan and to receive and investigate complaints concerning the 320 failure of a state agency to comply with the requirements of subdivision 321 (16) of this section; [and] 322 (18) To enter into contracts for and accept grants of private or federal 323 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 12 of 33 funds and to accept gifts, donations or bequests, including donations of 324 service by attorneys; [.] 325 (19) To require each state agency that employs one or more 326 employees to provide a minimum of one hour of training and education 327 related to domestic violence and the resources available to victims of 328 domestic violence (A) to all employees hired prior to January 1, 2023, 329 not later than July 1, 2023, and (B) to all employees hired on or after 330 January 1, 2023, not later than six months after their assumption of a 331 position with a state agency. Such training and education shall include 332 information concerning (i) domestic violence, abuser and victim 333 behaviors; (ii) how domestic violence may impact the workplace; and 334 (iii) the resources available to victims of domestic violence. The 335 requirements of this subdivision shall be accomplished within available 336 appropriations using the training and education materials made 337 available by the commission in accordance with the provisions of 338 subdivision (10) of subsection (a) of section 46a-56, as amended by this 339 act; and 340 (20) To require an employer having three or more employees to post 341 in a prominent and accessible location information concerning domestic 342 violence and the resources available to victims of domestic violence in 343 Connecticut. 344 Sec. 9. Subsection (a) of section 46a-56 of the general statutes is 345 repealed and the following is substituted in lieu thereof (Effective October 346 1, 2022): 347 (a) The commission shall: 348 (1) Investigate the possibilities of affording equal opportunity of 349 profitable employment to all persons, with particular reference to job 350 training and placement; 351 (2) Compile facts concerning discrimination in employment, 352 violations of civil liberties and other related matters; 353 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 13 of 33 (3) Investigate and proceed in all cases of discriminatory practices as 354 provided in this chapter and noncompliance with the provisions of 355 section 4a-60, as amended by this act, or 4a-60a or sections 46a-68c to 356 46a-68f, inclusive; 357 (4) From time to time, but not less than once a year, report to the 358 Governor as provided in section 4-60, making recommendations for the 359 removal of such injustices as it may find to exist and such other 360 recommendations as it deems advisable and describing the 361 investigations, proceedings and hearings it has conducted and their 362 outcome, the decisions it has rendered and the other work it has 363 performed; 364 (5) Monitor state contracts to determine whether they are in 365 compliance with sections 4a-60, as amended by this act, and 4a-60a, and 366 those provisions of the general statutes which prohibit discrimination; 367 (6) Compile data concerning state contracts with female and minority 368 business enterprises and submit a report annually to the General 369 Assembly concerning the employment of such business enterprises as 370 contractors and subcontractors; 371 (7) Develop and include on the commission's Internet web site a link 372 concerning the illegality of sexual harassment, as defined in section 46a-373 60, as amended by this act, and the remedies available to victims of 374 sexual harassment; [and] 375 (8) Develop and make available at no cost to employers an online 376 training and education video or other interactive method of training and 377 education that fulfills the requirements prescribed in subdivision (15) of 378 section 46a-54, [.] as amended by this act; 379 (9) Develop, in conjunction with organizations that advocate on 380 behalf of victims of domestic violence, and include on the commission's 381 Internet web site a link concerning domestic violence and the resources 382 available to victims of domestic violence; and 383 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 14 of 33 (10) Develop, in conjunction with organizations that advocate on 384 behalf of victims of domestic violence, and make available at no cost to 385 each state agency an online training and education video or other 386 interactive method of training and education that fulfills the 387 requirements prescribed in subdivision (19) of section 46a-54, as 388 amended by this act. 389 Sec. 10. Section 46a-60 of the 2022 supplement to the general statutes 390 is repealed and the following is substituted in lieu thereof (Effective 391 October 1, 2022): 392 (a) As used in this section: 393 (1) "Employee" means an employee, as defined in section 46a-51, as 394 amended by this act, and includes any elected or appointed official of a 395 municipality, board, commission, counsel or other governmental body; 396 (2) "Family violence" has the same meaning as provided in section 397 46b-38a; 398 [(1)] (3) "Pregnancy" means pregnancy, childbirth or a related 399 condition, including, but not limited to, lactation; 400 [(2)] (4) "Reasonable accommodation" means, but is not limited to, 401 being permitted to sit while working, more frequent or longer breaks, 402 periodic rest, assistance with manual labor, job restructuring, light duty 403 assignments, modified work schedules, temporary transfers to less 404 strenuous or hazardous work, time off to recover from childbirth or 405 break time and appropriate facilities for expressing breast milk; and 406 [(3)] (5) "Undue hardship" means an action requiring significant 407 difficulty or expense when considered in light of factors such as (A) the 408 nature and cost of the accommodation; (B) the overall financial 409 resources of the employer; (C) the overall size of the business of the 410 employer with respect to the number of employees, and the number, 411 type and location of its facilities; and (D) the effect on expenses and 412 resources or the impact otherwise of such accommodation upon the 413 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 15 of 33 operation of the employer. 414 (b) It shall be a discriminatory practice in violation of this section: 415 (1) For an employer, by the employer or the employer's agent, except 416 in the case of a bona fide occupational qualification or need, to refuse to 417 hire or employ or to bar or to discharge from employment any 418 individual or to discriminate against any individual in compensation or 419 in terms, conditions or privileges of employment because of the 420 individual's race, color, religious creed, age, sex, gender identity or 421 expression, marital status, national origin, ancestry, present or past 422 history of mental disability, intellectual disability, learning disability, 423 physical disability, including, but not limited to, blindness, [or] status 424 as a veteran or status as a victim of family violence; 425 (2) For any employment agency, except in the case of a bona fide 426 occupational qualification or need, to fail or refuse to classify properly 427 or refer for employment or otherwise to discriminate against any 428 individual because of such individual's race, color, religious creed, age, 429 sex, gender identity or expression, marital status, national origin, 430 ancestry, present or past history of mental disability, intellectual 431 disability, learning disability, physical disability, including, but not 432 limited to, blindness, [or] status as a veteran or status as a victim of 433 family violence; 434 (3) For a labor organization, because of the race, color, religious creed, 435 age, sex, gender identity or expression, marital status, national origin, 436 ancestry, present or past history of mental disability, intellectual 437 disability, learning disability, physical disability, including, but not 438 limited to, blindness, [or] status as a veteran or status as a victim of 439 family violence of any individual to exclude from full membership 440 rights or to expel from its membership such individual or to 441 discriminate in any way against any of its members or against any 442 employer or any individual employed by an employer, unless such 443 action is based on a bona fide occupational qualification; 444 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 16 of 33 (4) For any person, employer, labor organization or employment 445 agency to discharge, expel or otherwise discriminate against any person 446 because such person has opposed any discriminatory employment 447 practice or because such person has filed a complaint or testified or 448 assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; 449 (5) For any person, whether an employer or an employee or not, to 450 aid, abet, incite, compel or coerce the doing of any act declared to be a 451 discriminatory employment practice or to attempt to do so; 452 (6) For any person, employer, employment agency or labor 453 organization, except in the case of a bona fide occupational qualification 454 or need, to advertise employment opportunities in such a manner as to 455 restrict such employment so as to discriminate against individuals 456 because of their race, color, religious creed, age, sex, gender identity or 457 expression, marital status, national origin, ancestry, present or past 458 history of mental disability, intellectual disability, learning disability, 459 physical disability, including, but not limited to, blindness, [or] status 460 as a veteran or status as a victim of family violence; 461 (7) For an employer, by the employer or the employer's agent: (A) To 462 terminate a woman's employment because of her pregnancy; (B) to 463 refuse to grant to that employee a reasonable leave of absence for 464 disability resulting from her pregnancy; (C) to deny to that employee, 465 who is disabled as a result of pregnancy, any compensation to which 466 she is entitled as a result of the accumulation of disability or leave 467 benefits accrued pursuant to plans maintained by the employer; (D) to 468 fail or refuse to reinstate the employee to her original job or to an 469 equivalent position with equivalent pay and accumulated seniority, 470 retirement, fringe benefits and other service credits upon her signifying 471 her intent to return unless, in the case of a private employer, the 472 employer's circumstances have so changed as to make it impossible or 473 unreasonable to do so; (E) to limit, segregate or classify the employee in 474 a way that would deprive her of employment opportunities due to her 475 pregnancy; (F) to discriminate against an employee or person seeking 476 employment on the basis of her pregnancy in the terms or conditions of 477 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 17 of 33 her employment; (G) to fail or refuse to make a reasonable 478 accommodation for an employee or person seeking employment due to 479 her pregnancy, unless the employer can demonstrate that such 480 accommodation would impose an undue hardship on such employer; 481 (H) to deny employment opportunities to an employee or person 482 seeking employment if such denial is due to the employee's request for 483 a reasonable accommodation due to her pregnancy; (I) to force an 484 employee or person seeking employment affected by pregnancy to 485 accept a reasonable accommodation if such employee or person seeking 486 employment (i) does not have a known limitation related to her 487 pregnancy, or (ii) does not require a reasonable accommodation to 488 perform the essential duties related to her employment; (J) to require an 489 employee to take a leave of absence if a reasonable accommodation can 490 be provided in lieu of such leave; and (K) to retaliate against an 491 employee in the terms, conditions or privileges of her employment 492 based upon such employee's request for a reasonable accommodation; 493 (8) For an employer, by the employer or the employer's agent, for an 494 employment agency, by itself or its agent, or for any labor organization, 495 by itself or its agent, to harass any employee, person seeking 496 employment or member on the basis of sex or gender identity or 497 expression. If an employer takes immediate corrective action in 498 response to an employee's claim of sexual harassment, such corrective 499 action shall not modify the conditions of employment of the employee 500 making the claim of sexual harassment unless such employee agrees, in 501 writing, to any modification in the conditions of employment. 502 "Corrective action" taken by an employer, includes, but is not limited to, 503 employee relocation, assigning an employee to a different work 504 schedule or other substantive changes to an employee's terms and 505 conditions of employment. Notwithstanding an employer's failure to 506 obtain a written agreement from an employee concerning a modification 507 in the conditions of employment, the commission may find that 508 corrective action taken by an employer was reasonable and not of 509 detriment to the complainant based on the evidence presented to the 510 commission by the complainant and respondent. As used in this 511 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 18 of 33 subdivision, "sexual harassment" means any unwelcome sexual 512 advances or requests for sexual favors or any conduct of a sexual nature 513 when (A) submission to such conduct is made either explicitly or 514 implicitly a term or condition of an individual's employment, (B) 515 submission to or rejection of such conduct by an individual is used as 516 the basis for employment decisions affecting such individual, or (C) 517 such conduct has the purpose or effect of [substantially] interfering with 518 an individual's work performance or creating an intimidating, hostile or 519 offensive working environment; 520 (9) For an employer, by the employer or the employer's agent, for an 521 employment agency, by itself or its agent, or for any labor organization, 522 by itself or its agent, to request or require information from an 523 employee, person seeking employment or member relating to the 524 individual's child-bearing age or plans, pregnancy, function of the 525 individual's reproductive system, use of birth control methods, or the 526 individual's familial responsibilities, unless such information is directly 527 related to a bona fide occupational qualification or need, provided an 528 employer, through a physician may request from an employee any such 529 information which is directly related to workplace exposure to 530 substances which may cause birth defects or constitute a hazard to an 531 individual's reproductive system or to a fetus if the employer first 532 informs the employee of the hazards involved in exposure to such 533 substances; 534 (10) For an employer, by the employer or the employer's agent, after 535 informing an employee, pursuant to subdivision (9) of this subsection, 536 of a workplace exposure to substances which may cause birth defects or 537 constitute a hazard to an employee's reproductive system or to a fetus, 538 to fail or refuse, upon the employee's request, to take reasonable 539 measures to protect the employee from the exposure or hazard 540 identified, or to fail or refuse to inform the employee that the measures 541 taken may be the subject of a complaint filed under the provisions of 542 this chapter. Nothing in this subdivision is intended to prohibit an 543 employer from taking reasonable measures to protect an employee from 544 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 19 of 33 exposure to such substances. For the purpose of this subdivision, 545 "reasonable measures" shall be those measures which are consistent 546 with business necessity and are least disruptive of the terms and 547 conditions of the employee's employment; 548 (11) For an employer, by the employer or the employer's agent, for an 549 employment agency, by itself or its agent, or for any labor organization, 550 by itself or its agent: (A) To request or require genetic information from 551 an employee, person seeking employment or member, or (B) to 552 discharge, expel or otherwise discriminate against any person on the 553 basis of genetic information. For the purpose of this subdivision, 554 "genetic information" means the information about genes, gene 555 products or inherited characteristics that may derive from an individual 556 or a family member; 557 (12) For an employer, by the employer or the employer's agent, to 558 request or require a prospective employee's age, date of birth, dates of 559 attendance at or date of graduation from an educational institution on 560 an initial employment application, provided the provisions of this 561 subdivision shall not apply to any employer requesting or requiring 562 such information (A) based on a bona fide occupational qualification or 563 need, or (B) when such information is required to comply with any 564 provision of state or federal law; [.] and 565 (13) (A) For an employer to refuse to provide a reasonable 566 accommodation to an employee who is known by the employer to be a 567 victim of family violence, unless such absence would cause an undue 568 hardship to the employer. The employer may require an employee to 569 charge any time off pursuant to this subsection against any leave with 570 pay ordinarily granted, where available, unless otherwise provided for 571 in a collective bargaining agreement or existing employee handbook or 572 policy, and any such absence that cannot be charged may be treated as 573 leave without pay. An employee may seek a reasonable accommodation 574 under this subsection in order to: (i) Seek attention for injuries caused 575 by family violence including for a child who is a victim of family 576 violence, provided the employee is not the perpetrator of the family 577 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 20 of 33 violence against the child; (ii) obtain services from a family violence 578 shelter, program or rape crisis center as a result of family violence; (iii) 579 obtain psychological counseling related to an incident or incidents of 580 family violence, including for a child who is a victim of family violence, 581 provided the employee is not the perpetrator of the family violence 582 against the child; (iv) participate in safety planning and taking other 583 actions to increase safety from future incidents of family violence, 584 including temporary or permanent relocation; or (v) obtain legal 585 services, assisting in the prosecution of the offense, or otherwise 586 participate in legal proceedings in relation to the incident or incidents of 587 family violence. 588 (B) An employee who is absent from work in accordance with the 589 provisions of subparagraph (A) of this subdivision shall, within a 590 reasonable time after the absence, provide a certification to the employer 591 when requested by the employer. Such certification shall be in the form 592 of: (i) A police report indicating that the employee or the employee's 593 child was a victim of family violence; (ii) a court order protecting or 594 separating the employee or employee's child from the perpetrator of an 595 act of family violence; (iii) other evidence from the court or prosecuting 596 attorney that the employee appeared in court; or (iv) documentation 597 from a medical professional or a domestic violence counselor, as defined 598 in section 52-146k, that the employee or the employee's child was 599 undergoing counseling or treatment for physical or mental injuries or 600 abuse resulting in victimization from an act of family violence. 601 (C) Where an employee has a physical or mental disability resulting 602 from an incident or series of incidents of family violence, such employee 603 shall be treated in the same manner as an employee with any other 604 disability, pursuant to the provisions of this section which provide that 605 discrimination and refusal to provide reasonable accommodation of 606 disability are unlawful discriminatory practices. 607 (D) To the extent permitted by law, employers shall maintain the 608 confidentiality of any information regarding an employee's status as a 609 victim of family violence. 610 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 21 of 33 (c) (1) The provisions of this section concerning age shall not apply 611 to: (A) The termination of employment of any person with a contract of 612 unlimited tenure at an independent institution of higher education who 613 is mandatorily retired, on or before July 1, 1993, after having attained 614 the age of seventy; (B) the termination of employment of any person 615 who has attained the age of sixty-five and who, for the two years 616 immediately preceding such termination, is employed in a bona fide 617 executive or a high policy-making position, if such person is entitled to 618 an immediate nonforfeitable annual retirement benefit under a pension, 619 profit-sharing, savings or deferred compensation plan, or any 620 combination of such plans, from such person's employer, which equals, 621 in aggregate, at least forty-four thousand dollars; (C) the termination of 622 employment of persons in occupations, including police work and fire-623 fighting, in which age is a bona fide occupational qualification; (D) the 624 operation of any bona fide apprenticeship system or plan; or (E) the 625 observance of the terms of a bona fide seniority system or any bona fide 626 employee benefit plan for retirement, pensions or insurance which is not 627 adopted for the purpose of evading said provisions, except that no such 628 plan may excuse the failure to hire any individual and no such system 629 or plan may require or permit the termination of employment on the 630 basis of age. No such plan which covers less than twenty employees may 631 reduce the group hospital, surgical or medical insurance coverage 632 provided under the plan to any employee who has reached the age of 633 sixty-five and is eligible for Medicare benefits or any employee's spouse 634 who has reached age sixty-five and is eligible for Medicare benefits 635 except to the extent such coverage is provided by Medicare. The terms 636 of any such plan which covers twenty or more employees shall entitle 637 any employee who has attained the age of sixty-five and any employee's 638 spouse who has attained the age of sixty-five to group hospital, surgical 639 or medical insurance coverage under the same conditions as any 640 covered employee or spouse who is under the age of sixty-five. 641 (2) No employee retirement or pension plan may exclude any 642 employee from membership in such plan or cease or reduce the 643 employee's benefit accruals or allocations under such plan on the basis 644 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 22 of 33 of age. The provisions of this subdivision shall be applicable to plan 645 years beginning on or after January 1, 1988, except that for any 646 collectively bargained plan this subdivision shall be applicable on the 647 earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of 648 the collective bargaining agreement, or (ii) January 1, 1988. 649 (3) The provisions of this section concerning age shall not prohibit an 650 employer from requiring medical examinations for employees for the 651 purpose of determining such employees' physical qualification for 652 continued employment. 653 (4) Any employee who continues employment beyond the normal 654 retirement age in the applicable retirement or pension plan shall give 655 notice of intent to retire, in writing, to such employee's employer not 656 less than thirty days prior to the date of such retirement. 657 (d) (1) An employer shall provide written notice of the right to be free 658 from discrimination in relation to pregnancy, childbirth and related 659 conditions, including the right to a reasonable accommodation to the 660 known limitations related to pregnancy pursuant to subdivision (7) of 661 subsection (b) of this section to: (A) New employees at the 662 commencement of employment; (B) existing employees within one 663 hundred twenty days after the effective date of this section; and (C) any 664 employee who notifies the employer of her pregnancy within ten days 665 of such notification. An employer may comply with the provisions of 666 this section by displaying a poster in a conspicuous place, accessible to 667 employees, at the employer's place of business that contains the 668 information required by this section in both English and Spanish. The 669 Labor Commissioner may adopt regulations, in accordance with 670 chapter 54, to establish additional requirements concerning the means 671 by which employers shall provide such notice. 672 (2) The Commission on Human Rights and Opport unities shall 673 develop courses of instruction and conduct ongoing public education 674 efforts as necessary to inform employers, employees, employment 675 agencies and persons seeking employment about their rights and 676 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 23 of 33 responsibilities under this section. 677 (e) It shall not be a defense to a complaint of discrimination under 678 this section, filed in accordance with section 46a-82, that the conduct was 679 not severe or pervasive. Conduct constitutes an unlawful 680 discriminatory practice when the conduct subjects an individual to 681 inferior terms, conditions or privileges of employment because of the 682 individual's protected characteristic. The fact that such individual did 683 not make a complaint about the discrimination to an employer, licensing 684 agency, employment agency or labor organization shall not be 685 determinative of whether such employer, licensing agency, 686 employment agency or labor organization shall be liable. It shall be an 687 affirmative defense that the harassing conduct complained of does not 688 rise above the level of what a reasonable person would consider 689 discrimination. 690 (f) No settlement or agreement resolving a complaint of 691 discriminatory practice between an employer and a current or past 692 employee or job applicant shall: (1) Prohibit, prevent or otherwise 693 restrict the right of such current or past employee or job applicant from 694 obtaining future employment with the employer or any parent 695 company, subsidiary, division, affiliate or contractor of the employer, or 696 (2) include a prohibition on disparagement or disclosure by such 697 employee as a condition for employment, continued employment, 698 promotion, compensation or benefit or as a condition for resolving or 699 investigating a complaint of discrimination. 700 (g) No settlement or agreement between an employer and a current 701 or past employee shall restrict such employee from filing a complaint 702 with the Equal Employment Opportunity Commission, with the 703 Commission on Human Rights and Opportunities, or, in state or federal 704 court, testifying or otherwise participating in a state or federal agency 705 investigation related to a claim of discrimination or otherwise pursuing 706 such employee's rights under state or federal discrimination laws. 707 Sec. 11. Subsection (c) of section 10a-55c of the general statutes is 708 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 24 of 33 repealed and the following is substituted in lieu thereof (Effective October 709 1, 2022): 710 (c) For purposes of this section "sexual harassment" means with 711 respect to an individual enrolled at an institution of higher education, 712 any unwelcome sexual advances or requests for sexual favors or any 713 conduct of a sexual nature by an agent or employee of an institution of 714 higher education when (1) submission to such conduct is made either 715 explicitly or implicitly a term or condition of an individual's academic 716 success, (2) submission to or rejection of such conduct by an individual 717 is used as the basis for educational decisions affecting such individual, 718 or (3) such conduct has the purpose or effect of [substantially] 719 interfering with an individual's academic performance or creating an 720 intimidating or hostile educational environment. 721 Sec. 12. Subdivision (5) of subsection (a) of section 31-40y of the 722 general statutes is repealed and the following is substituted in lieu 723 thereof (Effective October 1, 2022): 724 (5) "Sexual harassment" means any unwelcome sexual advances, 725 requests for sexual favors or any other conduct of a sexual nature when 726 (A) submission to such conduct is made either explicitly or implicitly a 727 term or condition of an intern's internship; (B) submission to or rejection 728 of such conduct by an intern or an individual seeking an internship is 729 used as the basis for workplace decisions affecting such intern or 730 individual; or (C) such conduct has the purpose or effect of 731 [substantially] interfering with an intern's work performance or creating 732 an intimidating, hostile or offensive working environment. 733 Sec. 13. Section 46a-58 of the general statutes is repealed and the 734 following is substituted in lieu thereof (Effective October 1, 2022): 735 (a) It shall be a discriminatory practice in violation of this section for 736 any person to subject, or cause to be subjected, any other person to the 737 deprivation of any rights, privileges or immunities, secured or protected 738 by the Constitution or laws of this state or of the United States, on 739 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 25 of 33 account of religion, national origin, alienage, color, race, sex, gender 740 identity or expression, sexual orientation, blindness, mental disability, 741 physical disability, [or] status as a veteran or status as a victim of family 742 violence. 743 (b) Any person who intentionally desecrates any public property, 744 monument or structure, or any religious object, symbol or house of 745 religious worship, or any cemetery, or any private structure not owned 746 by such person, shall be in violation of subsection (a) of this section. For 747 the purposes of this subsection, "desecrate" means to mar, deface or 748 damage as a demonstration of irreverence or contempt. 749 (c) Any person who places a burning cross or a simulation thereof on 750 any public property, or on any private property without the written 751 consent of the owner, and with intent to intimidate or harass any other 752 person or group of persons, shall be in violation of subsection (a) of this 753 section. 754 (d) Any person who places a noose or a simulation thereof on any 755 public property, or on any private property without the written consent 756 of the owner, and with intent to intimidate or harass any other person 757 on account of religion, national origin, alienage, color, race, sex, gender 758 identity or expression, sexual orientation, blindness, mental disability, 759 physical disability, [or] status as a veteran or status as a victim of family 760 violence, shall be in violation of subsection (a) of this section. 761 (e) (1) Except as provided in subdivision (2) of this subsection, any 762 person who violates any provision of this section shall be guilty of a 763 class A misdemeanor and shall be fined not less than one thousand 764 dollars, except that if property is damaged as a consequence of such 765 violation in an amount in excess of one thousand dollars, such person 766 shall be guilty of a class D felony and shall be fined not less than one 767 thousand dollars. 768 (2) Any person who violates the provisions of this section by 769 intentionally desecrating a house of religious worship (A) shall be guilty 770 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 26 of 33 of a class D felony and shall be fined not less than one thousand dollars 771 if property is damaged as a consequence of such violation in an amount 772 up to and including ten thousand dollars, and (B) shall be guilty of a 773 class C felony and shall be fined not less than three thousand dollars if 774 the property damaged as a consequence of such violation is in an 775 amount in excess of ten thousand dollars. 776 (3) The minimum amount of any fine imposed by the provisions of 777 this section may not be remitted or reduced by the court unless the court 778 states on the record its reasons for remitting or reducing such fine. 779 (4) The court may order restitution for any victim of a violation of this 780 section pursuant to subsection (c) of section 53a-28. 781 Sec. 14. Subsection (a) of section 46a-59 of the general statutes is 782 repealed and the following is substituted in lieu thereof (Effective October 783 1, 2022): 784 (a) It shall be a discriminatory practice in violation of this section for 785 any association, board or other organization the principal purpose of 786 which is the furtherance of the professional or occupational interests of 787 its members, whose profession, trade or occupation requires a state 788 license, to refuse to accept a person as a member of such association, 789 board or organization because of his race, national origin, creed, sex, 790 gender identity or expression, color, [or] status as a veteran or status as 791 a victim of family violence. 792 Sec. 15. Subsection (a) of section 46a-64 of the general statutes is 793 repealed and the following is substituted in lieu thereof (Effective October 794 1, 2022): 795 (a) It shall be a discriminatory practice in violation of this section: (1) 796 To deny any person within the jurisdiction of this state full and equal 797 accommodations in any place of public accommodation, resort or 798 amusement because of race, creed, color, national origin, ancestry, sex, 799 gender identity or expression, marital status, age, lawful source of 800 income, intellectual disability, mental disability, physical disability, 801 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 27 of 33 including, but not limited to, blindness or deafness, [or] status as a 802 veteran or status as a victim of family violence, of the applicant, subject 803 only to the conditions and limitations established by law and applicable 804 alike to all persons; (2) to discriminate, segregate or separate on account 805 of race, creed, color, national origin, ancestry, sex, gender identity or 806 expression, marital status, age, lawful source of income, intellectual 807 disability, mental disability, learning disability, physical disability, 808 including, but not limited to, blindness or deafness, [or] status as a 809 veteran or status as a victim of family violence; (3) for a place of public 810 accommodation, resort or amusement to restrict or limit the right of a 811 mother to breast-feed her child; (4) for a place of public accommodation, 812 resort or amusement to fail or refuse to post a notice, in a conspicuous 813 place, that any blind, deaf or mobility impaired person, accompanied by 814 his guide dog wearing a harness or an orange-colored leash and collar, 815 may enter such premises or facilities; or (5) to deny any blind, deaf or 816 mobility impaired person or any person training a dog as a guide dog 817 for a blind person or a dog to assist a deaf or mobility impaired person, 818 accompanied by his guide dog or assistance dog, full and equal access 819 to any place of public accommodation, resort or amusement. Any blind, 820 deaf or mobility impaired person or any person training a dog as a guide 821 dog for a blind person or a dog to assist a deaf or mobility impaired 822 person may keep his guide dog or assistance dog with him at all times 823 in such place of public accommodation, resort or amusement at no extra 824 charge, provided the dog wears a harness or an orange-colored leash 825 and collar and is in the direct custody of such person. The blind, deaf or 826 mobility impaired person or person training a dog as a guide dog for a 827 blind person or a dog to assist a deaf or mobility impaired person shall 828 be liable for any damage done to the premises or facilities by his dog. 829 For purposes of this subdivision, "guide dog" or "assistance dog" 830 includes a dog being trained as a guide dog or assistance dog and 831 "person training a dog as a guide dog for a blind person or a dog to assist 832 a deaf or mobility impaired person" means a person who is employed 833 by and authorized to engage in designated training activities by a guide 834 dog organization or assistance dog organization that complies with the 835 criteria for membership in a professional association of guide dog or 836 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 28 of 33 assistance dog schools and who carries photographic identification 837 indicating such employment and authorization. 838 Sec. 16. Subdivision (1) of subsection (a) of section 46a-64c of the 839 general statutes is repealed and the following is substituted in lieu 840 thereof (Effective October 1, 2022) 841 (1) To refuse to sell or rent after the making of a bona fide offer, or to 842 refuse to negotiate for the sale or rental of, or otherwise make 843 unavailable or deny, a dwelling to any person because of race, creed, 844 color, national origin, ancestry, sex, gender identity or expression, 845 marital status, age, lawful source of income, familial status, [or] status 846 as a veteran or status as a victim of family violence. 847 Sec. 17. Subsection (a) of section 46a-66 of the general statutes is 848 repealed and the following is substituted in lieu thereof (Effective October 849 1, 2022): 850 (a) It shall be a discriminatory practice in violation of this section for 851 any creditor to discriminate on the basis of sex, gender identity or 852 expression, age, race, color, religious creed, national origin, ancestry, 853 marital status, intellectual disability, learning disability, blindness, 854 physical disability, [or] status as a veteran or status as a victim of 855 domestic violence against any person eighteen years of age or over in 856 any credit transaction. 857 Sec. 18. Subsection (a) of section 46a-70 of the general statutes is 858 repealed and the following is substituted in lieu thereof (Effective October 859 1, 2022): 860 (a) State officials and supervisory personnel shall recruit, appoint, 861 assign, train, evaluate and promote state personnel on the basis of merit 862 and qualifications, without regard for race, color, religious creed, sex, 863 gender identity or expression, marital status, age, national origin, 864 ancestry, status as a veteran, status as a victim of family violence, 865 intellectual disability, mental disability, learning disability or physical 866 disability, including, but not limited to, blindness, unless it is shown by 867 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 29 of 33 such state officials or supervisory personnel that such disability 868 prevents performance of the work involved. 869 Sec. 19. Subsection (a) of section 46a-71 of the general statutes is 870 repealed and the following is substituted in lieu thereof (Effective October 871 1, 2022): 872 (a) All services of every state agency shall be performed without 873 discrimination based upon race, color, religious creed, sex, gender 874 identity or expression, marital status, age, national origin, ancestry, 875 intellectual disability, mental disability, learning disability, physical 876 disability, including, but not limited to, blindness, [or] status as a 877 veteran or status as a victim of family violence. 878 Sec. 20. Subsection (b) of section 46a-72 of the general statutes is 879 repealed and the following is substituted in lieu thereof (Effective October 880 1, 2022): 881 (b) Any job request indicating an intention to exclude any person 882 because of race, color, religious creed, sex, gender identity or expression, 883 marital status, age, national origin, ancestry, status as a veteran, status 884 as a victim of family violence, intellectual disability, mental disability, 885 learning disability or physical disability, including, but not limited to, 886 blindness, shall be rejected, unless it is shown by such public or private 887 employers that such disability prevents performance of the work 888 involved. 889 Sec. 21. Subsection (a) of section 46a-73 of the general statutes is 890 repealed and the following is substituted in lieu thereof (Effective October 891 1, 2022): 892 (a) No state department, board or agency may grant, deny or revoke 893 the license or charter of any person on the grounds of race, color, 894 religious creed, sex, gender identity or expression, marital status, age, 895 national origin, ancestry, status as a veteran, status as a victim of family 896 violence, intellectual disability, mental disability, learning disability or 897 physical disability, including, but not limited to, blindness, unless it is 898 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 30 of 33 shown by such state department, board or agency that such disability 899 prevents performance of the work involved. 900 Sec. 22. Subsection (a) of section 46a-75 of the general statutes is 901 repealed and the following is substituted in lieu thereof (Effective October 902 1, 2022): 903 (a) All educational, counseling, and vocational guidance programs 904 and all apprenticeship and on-the-job training programs of state 905 agencies, or in which state agencies participate, shall be open to all 906 qualified persons, without regard to race, color, religious creed, sex, 907 gender identity or expression, marital status, age, national origin, 908 ancestry, intellectual disability, mental disability, learning disability, 909 physical disability, including, but not limited to, blindness, [or] status 910 as a veteran or status as a victim of family violence. 911 Sec. 23. Subsection (a) of section 46a-76 of the general statutes is 912 repealed and the following is substituted in lieu thereof (Effective October 913 1, 2022): 914 (a) Race, color, religious creed, sex, gender identity or expression, 915 marital status, age, national origin, ancestry, intellectual disability, 916 mental disability, learning disability, physical disability, including, but 917 not limited to, blindness, [or] status as a veteran or status as a victim of 918 family violence, shall not be considered as limiting factors in state-919 administered programs involving the distribution of funds to qualify 920 applicants for benefits authorized by law. 921 Sec. 24. Subdivision (1) of subsection (a) of section 4a-60 of the 2022 922 supplement to the general statutes is repealed and the following is 923 substituted in lieu thereof (Effective October 1, 2022): 924 (1) The contractor agrees and warrants that in the performance of the 925 contract such contractor will not discriminate or permit discrimination 926 against any person or group of persons on the grounds of race, color, 927 religious creed, age, marital status, national origin, ancestry, sex, gender 928 identity or expression, status as a veteran, intellectual disability, mental 929 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 31 of 33 disability or physical disability, including, but not limited to, blindness, 930 unless it is shown by such contractor that such disability prevents 931 performance of the work involved, in any manner prohibited by the 932 laws of the United States or of the state of Connecticut; and the 933 contractor further agrees to take affirmative action to ensure that 934 applicants with job-related qualifications are employed and that 935 employees are treated when employed without regard to their race, 936 color, religious creed, age, marital status, national origin, ancestry, sex, 937 gender identity or expression, status as a veteran, status as a victim of 938 family violence, intellectual disability, mental disability or physical 939 disability, including, but not limited to, blindness, unless it is shown by 940 such contractor that such disability prevents performance of the work 941 involved; 942 Sec. 25. Subsection (c) of section 10a-55x of the 2022 supplement to 943 the general statutes is repealed and the following is substituted in lieu 944 thereof (Effective October 1, 2022): 945 (c) Each institution of higher education shall ensure that every 946 member of the campus mental health coalition is educated about the (1) 947 mental health services and programs offered at each campus by such 948 institution, (2) role and function of the campus mental health coalition 949 at such institution, and (3) protocols and techniques to respond to 950 student mental illness that have been developed with consideration 951 given to the students' race, cultural background, sexual orientation, 952 gender identity, religion, socio-economic status or status as a veteran, 953 status as a victim of family violence or service member of the armed 954 forces of the United States. 955 Sec. 26. (Effective July 1, 2022) The sum of one million four hundred 956 forty thousand dollars is appropriated to the Department of Social 957 Services from the General Fund, for the fiscal year ending June 30, 2023, 958 for domestic violence child and family advocates at domestic violence 959 agencies, as defined in section 52-146k of the general statutes. 960 Sec. 27. (Effective July 1, 2022) The sum of one million four hundred 961 Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 32 of 33 forty thousand dollars appropriated in section 26 of this act to the 962 Department of Social Services, for the fiscal year ending June 30, 2023, 963 shall be made available for domestic violence child and family 964 advocates at domestic violence agencies, as defined in section 52-146k 965 of the general statutes, whose purpose shall be to provide trauma-966 informed services to children and families experiencing domestic 967 violence. For purposes of this section, "trauma-informed services" 968 means services directed by a thorough understanding of the 969 neurological, biological, psychological and social effects of trauma and 970 violence on a person. 971 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2022 New section Sec. 2 October 1, 2022 New section Sec. 3 October 1, 2022 New section Sec. 4 October 1, 2022 New section Sec. 5 from passage New section Sec. 6 July 1, 2022 New section Sec. 7 October 1, 2022 46a-51(10) Sec. 8 October 1, 2022 46a-54 Sec. 9 October 1, 2022 46a-56(a) Sec. 10 October 1, 2022 46a-60 Sec. 11 October 1, 2022 10a-55c(c) Sec. 12 October 1, 2022 31-40y(a)(5) Sec. 13 October 1, 2022 46a-58 Sec. 14 October 1, 2022 46a-59(a) Sec. 15 October 1, 2022 46a-64(a) Sec. 16 October 1, 2022 46a-64c(a)(1) Sec. 17 October 1, 2022 46a-66(a) Sec. 18 October 1, 2022 46a-70(a) Sec. 19 October 1, 2022 46a-71(a) Sec. 20 October 1, 2022 46a-72(b) Sec. 21 October 1, 2022 46a-73(a) Sec. 22 October 1, 2022 46a-75(a) Sec. 23 October 1, 2022 46a-76(a) Sec. 24 October 1, 2022 4a-60(a)(1) Sec. 25 October 1, 2022 10a-55x(c) Substitute Bill No. 5 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- R02-SB.docx } 33 of 33 Sec. 26 July 1, 2022 New section Sec. 27 July 1, 2022 New section Statement of Legislative Commissioners: The provisions of Section 1(d) were redrafted for clarity; in Section 2(b), the phrase "or an equivalent identification number for a foreign user" was added for consistency with the provisions of Section 1 of the bill, and in Section 10(g), "Equal Opportunity Employment Commission" was changed to "Equal Employment Opportunity Commission" for accuracy. JUD Joint Favorable Subst.