Researcher: MK Page 1 4/28/22
OLR Bill Analysis
sSB 5 (File 516, as amended by Senate “A”)*
AN ACT CONCERNING ONLINE DATING OPERATORS, ONLINE
CHILD GROOMING AND HARASSMENT, DOMESTIC VIOLENCE
TRAINING AND PROTECTIONS FOR VICTIMS OF FAMILY
VIOLENCE AND DOMESTIC VIOLENCE.
TABLE OF CONTENTS:
SUMMARY
§§ 1-5 — ONLINE DATING SERVICES
Requires online dating operators offering services in Connecticut to provide Connecticut
users safety awareness notifications (e.g., whether the operator conducts criminal
background screenings) before allowing them to use their online dating platforms and
authorizes the DCP commissioner to penalize violators up to $25,000 per violation
§ 6 — WORKING GROUP ON CRIMINALIZING CHILD GROOMING
Establishes a 10-member working group to develop recommendations for legislation to
criminalize child grooming
§ 7 — ONLINE ABUSE PREVENTION GRANT PROGRAM
Creates a grant program, administered by DESPP, to prevent online abuse and provide
educational and training opportunities to inform people about identifying, reporting,
responding to, and avoiding online abuse
§ 8 — APPLICATION OF ANTIDISCRIMINATION LAWS TO
EMPLOYERS WITH ONE OR TWO EMPLOYEES
Subjects employers with one or two employees to the antidiscrimination laws, including
those that prohibit discriminatory employment practices or workplace sexual harassment
§ 8 — EXTENSION OF ANTIDISCRIMINATION PROTECTIONS TO
ELECTED OR APPOINTED OFFICIALS
Extends antidiscrimination protection to elected or appointed officials
§§ 9 & 10 — DOMESTIC VIOLENCE TRAINING AND INFORMATION
FOR EMPLOYEES
Requires state agencies, within available appropriations, to provide a one-hour minimum
training and education on domestic violence and victim resources; requires employers
with three or more employees to post similar information in an accessible location
§§ 11-13 — WORKPLACE SEXUAL HARASSMENT
Broadens the definition of “sexual harassment” to include conduct that interferes, not just
substantially interferes, with a person’s work performance and that otherwise meets the
definition; applies the workplace sexual harassment provisions to elected or appointed
officials 2022SB-00005-R01-BA.DOCX
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§§ 8, 11 & 14-24 — DOMESTIC VIOLENCE VICTIMS AS A
PROTECTED CLASS UNDER ANTI-DISCRIMINATION LAWS
Prohibits discrimination on the basis of someone's status as a domestic violence victim in
employment, public accommodations, housing, the granting of credit, and other laws over
which the CHRO has jurisdiction; authorizes such a victim aggrieved by an alleged
discriminatory practice to file discrimination complaints with CHRO
§ 11 — EMPLOYMENT DISCRIMINATION COMPLAINTS
Prohibits someone from asserting, as a defense to an employment discrimination
complaint, that the conduct was not severe or pervasive
§§ 9 & 25 — CHRO LEGAL COUNSEL
Eliminates requirements CHRO legal counsel serve as a supervising attorney and that the
CHRO executive director assign commission legal counsel through a supervising attorney
§ 26 — DSS FUNDING
Requires DSS to make $1.44 million available to domestic violence child and family
advocates at domestic violence agencies for trauma-informed services
SUMMARY
This bill addresses several different subjects, including online dating,
“child grooming,” domestic violence training, employment
discrimination and workplace sexual harassment, and anti -
discrimination protections for domestic violence victims.
Among other things, the bill does the following:
1. requires online dating operators offering services in Connecticut
to provide Connecticut users with safety awareness notifications
before allowing them to use their online dating platforms (§§ 1-
5);
2. creates a working group to make recommendations on
criminalizing “child grooming” (e.g., persuading, coercing,
inducing, or enticing a minor to sexually exploit the minor) (§ 6);
3. sets up a grant program administered by the Department of
Emergency Services and Public Protection (DESPP) to provide
education and training on online abuse (§ 7);
4. extends anti-discrimination statutes to cover (a) people working
for an employer with one or two employees and (b) elected and 2022SB-00005-R01-BA.DOCX
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appointed officials for a governmental body (§ 8);
5. prohibits discriminatory practices based on someone’s status as
a domestic violence victim (§§ 8, 11 & 14-24);
6. requires state agencies to provide domestic violence training and
certain employers to post related information (§§ 9 & 10);
7. broadens the definition of sexual harassment (§§ 11-13);
8. eliminates requirements for Commission on Human Rights and
Opportunities (CHRO) supervising attorneys (§§ 9 & 25); and
9. requires the Department of Social Services (DSS) to make $1.44
million available for advocates at domestic violence agencies to
provide trauma-informed services (§ 26).
*Senate Amendment “A” strikes the underlying bill and replaces it
with similar provisions. In doing so, it makes changes to the underlying
bill, such as (1) requiring online dating operators to provide Connecticut
users with safety awareness notifications instead of conducting user
verifications, (2) applies the underlying bill’s antidiscrimination
protections to victims of domestic violence rather than family violence,
and (3) extends antidiscrimination protections to elected and appointed
officials. It adds the provision on CHRO’s assignment of counsel. It also
removes provisions on (1) impermissible settlement terms and certain
defenses against an employment discrimination claim, (2) affirmative
actions in public contracts, and (3) campus mental health coalitions.
EFFECTIVE DATE: October 1, 2022, except that the (1) DESPP grant
program (§ 7) and DSS funding (§ 26) provisions are effective July 1,
2022; and (2) the working group on criminalizing child grooming (§ 6),
domestic violence training (§ 9), and CHRO supervisory attorney
changes (§§ 9 & 25) are effective upon passage.
§§ 1-5 — ONLINE DATING SERVICES
Requires online dating operators offering services in Connecticut to provide Connecticut
users safety awareness notifications (e.g., whether the operator conducts criminal
background screenings) before allowing them to use their online dating platforms and
authorizes the DCP commissioner to penalize violators up to $25,000 per violation 2022SB-00005-R01-BA.DOCX
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Affected Online Dating Operators and Users (§ 1)
The bill imposes its notification requirements on “online dating
operators,” defined as anyone who operates a software application (e.g.,
presumably, an online dating platform) designed to facilitate online
dating. An “online dating platform” is a digital service designed to
allow users to interact through the internet to initiate relationships with
other individuals for the purpose of romance, sex, or marriage (i.e.,
“online dating”).
Under the bill, a “Connecticut user” is a user (i.e., someone who uses
an online dating operator’s service) who (1) provides a Connecticut
home address or zip code when registering with an online dating
operator or (2) is known or determined by an online dating operator, or
its online dating platform, to be in Connecticut at the time of
registration.
Criminal Background Screening Notification (§§ 1 & 2)
The bill establishes criminal background screening notifications that
online dating operators must provide their Connecticut users. The
notifications differ depending on whether the operator conducts such a
screening.
Under the bill, a “criminal background screening” is a name search
for an individual’s history of criminal convictions that is conducted by
searching (1) an available and regularly updated government public
record database that in the aggregate provides national coverage for
searching an individual’s history of criminal convictions or (2) a
regularly updated database maintained by a private vendor that
provides national coverage for searching an individual’s history of
criminal convictions and sexual offender registries. A “criminal
conviction” is a conviction for a state or federal crime.
Screening Not Conducted. If an online dating operator does not
conduct a criminal background screening on each user, then the
operator must, before permitting a Connecticut user to communicate
through its online dating platform with another user, provide the
Connecticut user with a clear and conspicuous notification that the 2022SB-00005-R01-BA.DOCX
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online dating operator does not conduct a criminal background
screening on each user.
Screening Conducted. If an online dating operator offers services to
Connecticut residents and conducts a criminal background screening on
each user, then the operator must, before allowing a Connecticut user to
communicate through its platform with another user, provide the
Connecticut user a clear and conspicuous notification indicating that the
operator conducts a criminal background screening on each user. The
notification must include a statement of whether the platform excludes
an individual who is identified as having a criminal conviction and a
statement that a criminal background screening may (1) be inaccurate
or incomplete, (2) give a user a false sense of security, and (3) be
circumvented by an individual who has a criminal history. The bill also
requires this notification be included on its online dating platform.
Safety Awareness Notification (§ 3)
The bill requires online dating operators that offer services to
Connecticut residents to provide a safety awareness notification clearly
and conspicuously on its online dating platform to all Connecticut users.
The notification must include a list of safety measures reasonably
designed to increase awareness of safer online dating practices. It must
also include the following statements in substantially similar form:
1. “Use caution when communicating with a stranger who wants to
meet you.”
2. “You should not include your last name, electronic mail address,
home address, phone number or any o ther identifying
information in your online dating profile or electronic mail
messages or communications until you feel comfortable with the
other user. Stop communicating with anyone who pressures you
for personal or financial information or attempts in any way to
coerce you into revealing such information.”
3. “If you choose to have a face-to-face meeting with another user
who you met on the online dating platform, tell a family member 2022SB-00005-R01-BA.DOCX
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or friend where you will be meeting and when you will return.
You should not agree to be picked up at your home. Always
provide your own transportation to and from your date and meet
in a public place with many people around.”
4. “Anyone who is able to commit identity theft can also falsify a
dating profile.”
Notification Timing and Communication Mode (§ 4)
The bill requires an online dating operator to communicate the
required notifications when a Connecticut user registers with it by
email, text message, push notification, inbox message, or in-product
message.
The bill specifies that the communication must not address matters
other than the criminal background screening notification and the safety
awareness notification. Additionally, if the means of communication is
character limited, the bill allows the online dating operator to include
the full content of the information by linking to a separate website.
However, the website may only address the required notifications.
Investigations and Penalties for Violations (§ 5)
The bill authorizes the Department of Consumer Protection (DCP) to
penalize violators by (1) issuing fines up to $25,000 per violation, (2)
accepting an offer in compromise, or (3) taking other actions allowed
under law or regulations. DCP may take these actions if an online dating
operator fails to comply with the bill’s provisions.
The bill also allows the commissioner or her designee to (1) conduct
investigations and hold hearings on any issue related to the online
operator provisions and (2) issue subpoenas, administer oaths, compel
testimony, and order the production of books, records, and documents.
Under the bill, if anyone refuses to appear, testify, or produce any
book, record, or document when ordered to, then the commissioner or
her designee may apply to Superior Court for an appropriate
enforcement order. 2022SB-00005-R01-BA.DOCX
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Additionally, the bill authorizes the attorney general, at the request
of the commissioner or his designee, to apply to Superior Court in the
name of the state for an order to restrain and enjoin anyone from
violating the bill’s provisions on online operators.
§ 6 — WORKING GROUP ON CRIMINALIZING CHILD GROOMING
Establishes a 10-member working group to develop recommendations for legislation to
criminalize child grooming
Purpose
The bill establishes a 10-member working group to examine and
develop recommendations on potential legislation to criminalize child
grooming. Under the bill, child grooming includes persuading,
coercing, inducing, or enticing a minor to (1) sexually exploit or traffic
the minor, (2) create child pornography, or (3) engage in prostitution.
(Existing law does not treat these actions as a separate offense, but
they are presumably covered by the state’s risk of injury statute (CGS §
53-21) or its criminal attempt statute (CGS § 53a-49).)
Composition
The working group includes the following members:
1. two individuals appointed one each by the Senate president pro
tempore and the House speaker,
2. two individuals appointed one each by the Senate and the House
minority leaders,
3. four individuals appointed one each by the Judiciary Committee
chairpersons and ranking members,
4. the chief public defender or her designee, and
5. the chief state’s attorney or his or her designee.
The appointed members may be legislators.
Timeline
The appointing authorities must (1) make their appointments within 2022SB-00005-R01-BA.DOCX
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60 days after the bill’s passage and (2) provide a copy of the
appointment to the Judiciary Committee administrator within seven
days after the appointment.
The chairperson, the Senate president’s nominee, must schedule and
hold the working group’s first meeting within 90 days after the bill
passes.
Reporting and Termination
The working group must (1) report its recommendations to the
Judiciary Committee by December 31, 2022, and (2) terminate on the
later of the date it submits the report or December 31, 2022.
§ 7 — ONLINE ABUSE PREVENTION GRANT PROGRAM
Creates a grant program, administered by DESPP, to prevent online abuse and provide
educational and training opportunities to inform people about identifying, reporting,
responding to, and avoiding online abuse
Administration and Purpose
The bill establishes a grant program to be administered by DESPP, in
consultation with the State-Wide Hate Crimes Advisory Council, to
provide educational and training opportunities to (1) prevent online
abuse and (2) inform people about identifying, reporting, responding to,
and avoiding online abuse. Under the bill, “online abuse” means the
following acts, when conducted using any interactive computer service:
1. speech or conduct motivated by hatred, prejudice, or bigotry
towards a person or group based on the person’s actual or
perceived religion, national origin, alienage, color, race, sex,
gender identity or expression, sexual orientation, or disability;
2. harassment, stalking, swatting, or doxing (i.e., publicly revealing
previously private personal information about someone, usually
via the internet); or
3. an assault.
Requests for Proposals From Eligible Entities
Each fiscal year, within three months after receiving funds from the 2022SB-00005-R01-BA.DOCX
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state, DESPP must issue a request for proposals (RFP) from eligible
entities. Under the bill, an “eligible entity” must be located in
Connecticut and may be any of the following or any entity operating
under them:
1. local or regional school districts,
2. historical societies,
3. tax-exempt entities registered with the Office of the Secretary of
the State,
4. government agencies,
5. constituent units of the state higher education system, or
6. public libraries.
Each RFP response must specify:
1. the types of online abuse that the eligible entity proposes to
address, which must conform to the program’s purpose;
2. the methods used to achieve the program’s goals;
3. the entity’s other specific goals;
4. the target audience of the training and information that the entity
would provide;
5. whether the entity is replicating a program found to have a high
likelihood of success as determined by a cost-benefit analysis in
a peer reviewed academic journal; and
6. the amount of matching funds the entity will contribute, if any.
Grant Awards
The bill authorizes DESPP to award grants for any programming or
service that prevents online abuse or furthers the other program goals,
including training teachers or school professionals, archiving, public 2022SB-00005-R01-BA.DOCX
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murals, curriculum development, and marketing.
It allows eligible entities to use awarded funds collectively, including
regionally, through coordinated efforts and conferences that achieve the
program’s goals.
The bill limits the total grant amount that DESPP may award an
eligible entity to a maximum of $30,000 during any fiscal year.
§ 8 — APPLICATION OF ANTIDISCRIMINATION LAWS TO
EMPLOYERS WITH ONE OR TWO EMPLOYEES
Subjects employers with one or two employees to the antidiscrimination laws, including
those that prohibit discriminatory employment practices or workplace sexual harassment
Under the current human rights and opportunities laws, “employer”
means the state and all its political subdivisions and any person or
employer with at least three employees. The bill lowers the number of
employees an employer must have to be subject to these laws to one or
more instead of three or more.
In doing so, it subjects employers with one or two employees to the
antidiscrimination laws under the CHRO statutes, including those that
prohibit (1) discriminatory employment practices (such as those
described under § 11 below) and (2) workplace sexual harassment.
These laws also impose certain duties on the employer, such as the duty
to provide reasonable accommodation to an employee who is pregnant,
unless doing so would be an undue hardship.
Under the bill, employers with one or two employees are no longer
exempt from liability for employment discrimination based on any of
the protected classes. The bill gives these employees the right to file a
complaint with CHRO claiming to be aggrieved by an employer’s
alleged discriminatory practice, as employees of employers with three
or more employees may do under existing law.
Existing law requires employers with three or more employees to
post certain notices and provide training and education on the illegality
of workplace sexual harassment. The bill generally subjects employers
with one or two employees to these requirements, but existing law 2022SB-00005-R01-BA.DOCX
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already requires them to provide training and education to their
supervisory employees. By law, an employer who fails to post the
required notices, or provide the required training and education, must
be fined up to $750.
As under existing law for other size employers, under the bill, if an
employee of an employer with one or two employees refuses or
threatens to refuse to comply with the employment discrimination
prohibitions, the employer may file a written complaint under oath
asking CHRO for assistance by conciliation or other remedial action.
§ 8 — EXTENSION OF ANTIDISCRIMINATION PROTECTIONS TO
ELECTED OR APPOINTED OFFICIALS
Extends antidiscrimination protection to elected or appointed officials
The bill makes the elected or appointed officials of a municipality,
board, commission, counsel, or other governmental body “employees”
covered by the state’s employment discrimination laws. Thus, it extends
to them the laws on, among other things, sexual harassment (see above)
and required accommodations for pregnant employees.
§§ 9 & 10 — DOMESTIC VIOLENCE TRAINING AND INFORMATION
FOR EMPLOYEES
Requires state agencies, within available appropriations, to provide a one-hour minimum
training and education on domestic violence and victim resources; requires employers
with three or more employees to post similar information in an accessible location
State Agencies (§§ 9 & 10)
The bill authorizes CHRO to require that all state agencies provide at
least one hour of training and education on domestic violence and the
resources available to victims. The training must be given to employees
hired:
1. before January 1, 2023, by July 1, 2023, and
2. on or after January 1, 2023, within six months after their date of
hire.
Under the bill, this training and education for state employees must
be done within available appropriations using CHRO’s training and
education materials (see below). It must include information on: 2022SB-00005-R01-BA.DOCX
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1. domestic violence, abuser, and victim behaviors;
2. how domestic violence may impact the workplace; and
3. the resources available to victims.
The bill requires CHRO, in conjunction with domestic violence victim
advocacy organizations, to develop:
1. a link with information on domestic violence and available
resources for victims and include it on the commission’s website
and
2. an online training and education video or other interactive
method of training and education that meets the requirements
above and make them available to each state agency at no cost.
Employers With Three or More Employees (§ 9)
The bill also allows CHRO to require employers with three or more
employees to post, in a prominent and accessible location, information
on domestic violence and the resources available to such victims in
Connecticut.
§§ 11-13 — WORKPLACE SEXUAL HARASSMENT
Broadens the definition of “sexual harassment” to include conduct that interferes, not just
substantially interferes, with a person’s work performance and that otherwise meets the
definition; applies the workplace sexual harassment provisions to elected or appointed
officials
Under existing law, sexual harassment in the employment context is
any unwelcome sexual advances or requests for sexual favors or
conduct of a sexual nature in certain circumstances.
The bill broadens the definition under one of these circumstances. It
does so by eliminating the current condition that conduct must
substantially interfere with a person’s work performance. Instead, it
classifies as sexual harassment conduct that interferes with work
performance and otherwise meets the definition of sexual harassment.
This change applies to laws that prohibit (1) sexual harassment as a
form of employment discrimination under the CHRO statutes, (2) 2022SB-00005-R01-BA.DOCX
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higher education institution employees or agents from sexually
harassing students, and (3) employers or agents from sexually harassing
interns. (For higher education students, the conduct must interfere with
academic performance, not work performance.)
As under existing law, employment sexual harassment also includes
unwelcome sexual advances, requests for sexual favors, or conduct of a
sexual nature when:
1. submission is explicitly or implicitly a term or condition of
employment;
2. submission or rejection is the basis for employment decisions
affecting the person; or
3. the conduct creates an intimidating, hostile, or offensive working
environment.
Similar provisions apply for higher education students and interns
(for students, the inquiry focuses on terms affecting their academic
success or the basis for education decisions, rather than employment).
§§ 8, 11 & 14-24 — DOMESTIC VIOLE NCE VICTIMS AS A
PROTECTED CLASS UNDER ANTI -DISCRIMINATION LAWS
Prohibits discrimination on the basis of someone's status as a domestic violence victim in
employment, public accommodations, housing, the granting of credit, and other laws over
which the CHRO has jurisdiction; authorizes such a victim aggrieved by an alleged
discriminatory practice to file discrimination complaints with CHRO
The bill prohibits various forms of discrimination based on
someone’s status as a domestic violence victim, such as in employment,
public accommodations, housing sales or rentals, granting credit, and
several other areas. In several cases, it classifies discrimination on this
basis as a “discriminatory practice” under the CHRO laws. By doing so,
the act allows individuals aggrieved by these violations, or CHRO itself,
to file a complaint with CHRO alleging discrimination.
Domestic Violence Defined (§ 8)
For purposes of the CHRO laws the bill applies a general definition
of the term “domestic violence.” 2022SB-00005-R01-BA.DOCX
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Under the bill, “domestic violence” generally means:
1. a continuous threat of present physical pain or physical injury
against a family or household member;
2. stalking, including 2nd degree stalking, of a family or household
member;
3. a pattern of threatening, including 2nd degree threatening, of a
family or household member or a third party that intimidates the
family or household member; or
4. coercive control of a family or household member, which is a
pattern of behavior that in purpose or effect unreasonably
interferes with a person’s free will and personal liberty (CGS §
46b-1(b)).
General Anti-Discriminatory Provision and Deprivation of Rights
(§ 14)
Under existing law, it is a discriminatory practice to deprive someone
of any rights, privileges, or immunities secured or protected by
Connecticut or federal laws or constitutions, or cause such a
deprivation, because of religion, national origin, alienage, color, race,
sex, gender identity or expression, sexual orientation, blindness, mental
or physical disability, or status as a veteran. The bill adds status as a
domestic violence victim to this list.
Under existing law, it is a crime to place a noose or simulation of one
on public property, or on private property without the written consent
of the owner, and with the intent to harass someone because of any
protected class listed above. The bill adds “domestic violence victim” to
the list of protected classes.
By law, violation of these provisions is generally a class A
misdemeanor but if the violation results in property damage above
$1,000, it is a class D felony. In either case, there is a minimum $1,000
fine unless the court states on the record its reasons for reducing it. A
class A misdemeanor is punishable by up to 364 days in prison; a class 2022SB-00005-R01-BA.DOCX
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D felony is punishable by up to five years in prison.
Employment Discrimination (§ 11)
The bill prohibits an employer or employer’s agent, unless there is a
bona fide occupational qualification or need, from refusing to hire or
employ someone; barring or discharging someone from employment; or
discriminating against someone in pay or in employment terms,
conditions, or privileges because the person is a domestic violence
victim. This prohibition applies to all employers, public or private, and
all employees except those employed by their parents, spouse, or
children.
The bill also prohibits the following kinds of employment
discrimination based on domestic violence victim status:
1. employers refusing to provide a reasonable accommodation to an
employee whom the employer knows is a victim of domestic
violence, unless the absence would cause an undue hardship (see
below);
2. employment agencies failing or refusing to classify properly or
refer for employment or otherwise discriminating against
someone except in the case of a bona fide occupational
qualification or need;
3. labor organizations excluding someone from full membership
rights, expelling a member, or discriminating in any way against
a member, employer, or employee, unless the action is due to a
bona fide occupational qualification;
4. employers, employment agencies, labor organizations, or anyone
else taking adverse action against someone because he or she
opposed a discriminatory employment practice, brought a
complaint, or testified or assisted someone else in a complaint
proceeding;
5. any person aiding, abetting, inciting, compelling, or coercing
someone to commit a discriminatory employment practice or 2022SB-00005-R01-BA.DOCX
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attempting to do so; and
6. employers, employment agencies, labor organizations, or anyone
else advertising employment opportunities in a way that restricts
employment and thus discriminates, except for a bona fide
occupational qualification or need.
Reasonable Leave of Absence. Under the bill, it is a discriminatory
practice for an employer or the employer’s agent to deny an employee
a reasonable leave of absence in order to:
1. seek attention for injuries caused by domestic violence, including
for a child who is a domestic violence victim, as long the
employee is not the perpetrator against the child;
2. obtain services, including safety planning, from a domestic
violence agency or rape crisis center;
3. obtain psychological counseling, including for a child as long as
the employee is not the perpetrator against the child;
4. take other actions to increase safety from future incidents,
including temporary or permanent relocation; or
5. obtain legal services, assist in the offense’s prosecution, or
otherwise participate in related legal proceedings.
The bill requires an employee who is absent from work under these
circumstances to provide a certification to the employer, upon request,
within a reasonable time after the absence. The certification must be one
of the following:
1. a police report indicating that the employee or the employee’s
child was a domestic violence victim,
2. a court order protecting or separating the employee or
employee’s child from the perpetrator,
3. other evidence from the court or prosecutor that the employee
appeared in court, or 2022SB-00005-R01-BA.DOCX
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4. documentation from a medical professional or a domestic
violence counselor, or other health care provider, that the
employee or employee’s child was receiving services, counseling,
or treatment for physical or mental injuries or abuse resulting in
victimization from domestic violence.
Under the bill, if an employee has a physical or mental disability
resulting from a domestic violence incident, the employee must be
treated the same as employees with other disabilities.
The bill also requires employers, to the extent allowed by law, to
maintain the confidentiality of any information regarding an
employee’s status as a domestic violence victim.
Public Accommodations (§ 16)
The bill prohibits anyone from denying someone, based on his or her
status as a domestic violence victim, full and equal accommodations in
any public establishment (i.e., one that caters to or offers its services,
facilities, or goods to the general public), including any commercial
property or building lot on which a commercial building will be built or
offered for sale or rent, subject to lawful conditions and limitations that
apply alike to everyone. It further prohibits discriminating, segregating,
or separating people based on their domestic violence victim status.
Violations are punishable as a class D misdemeanor, subject to a fine of
up to $250, up to 30 days’ imprisonment, or both.
Housing (§ 17)
The bill prohibits anyone from refusing to sell or rent after a person
makes a bona fide offer; or refusing to negotiate for the sale or rental of
a dwelling; or otherwise denying or making a dwelling unavailable to
someone based on their status as a domestic violence victim.
A violation is a class D misdemeanor, punishable by up to 30 days in
prison, a fine of up to $250, or both.
This prohibition does not apply to either of the following if the owner
maintains his or her residence there: (1) renting a room or rooms in a
single-family home or (2) a unit in a two-family home. 2022SB-00005-R01-BA.DOCX
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Credit (§ 18)
The bill prohibits a creditor from discriminating against an adult in a
credit transaction based on the person’s status as a domestic violence
victim.
Other Areas Subject to CHRO's Jurisdiction (§§ 15 & 19-24)
The bill authorizes CHRO to investigate claims of discrimination
based on a person’s status as a domestic violence victim under other
laws over which CHRO has jurisdiction. The bill:
1. subjects any professional or trade association, board, or other
similar organization whose profession, trade, or occupation
requires a state license, to a fine of $100 to $500 for denying
someone membership because of his or her status as a domestic
violence victim (§ 15);
2. requires state officials and supervisory personnel to recruit,
appoint, assign, train, evaluate, and promote state personnel on
the basis of merit and qualifications, without regard to their
status as a domestic violence victim (§ 19);
3. requires state agency services to be performed without
discrimination based on a person’s status as a domestic violence
victim (§ 20);
4. requires any state agency that provides employment referrals or
placement services to public or private employers to reject any
job request that indicates an intention to exclude anyone based
on his or her status as a domestic violence victim (§ 21);
5. prohibits state departments, boards, or agencies from granting,
denying, or revoking a person’s license or charter on the grounds
that he or she is a domestic violence victim (§ 22);
6. requires all educational, counseling, and vocational guidance
programs and all apprenticeship and on-the-job training
programs of state agencies, or in which they participate, to be
open to all qualified people, without regard to domestic violence 2022SB-00005-R01-BA.DOCX
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victim status (§ 23); and
7. prohibits a person’s status as a domestic violence victim from
being considered as a limiting factor in state-administered
programs involving the distribution of funds to qualify
applicants for benefits authorized by law; and prohibits the state
from giving financial assistance to public agencies, private
institutions, or other organizations that discriminate on this basis
(§ 24).
§ 11 — EMPLOYMENT DISCRIMINATION COMPLAINTS
Prohibits someone from asserting, as a defense to an employment discrimination
complaint, that the conduct was not severe or pervasive
The bill prohibits someone from asserting, as a defense to an
employment discrimination complaint, that the conduct was not severe
or pervasive. The bill specifies that it is an unlawful discriminatory
practice when conduct (1) subjects someone to inferior employment
terms, conditions, or privileges because of the person’s protected
characteristic or characteristics and (2) rises above the level of what a
reasonable person with the same protected characteristic or
characteristics would consider petty slights or trivial inconveniences.
Under the bill, a person’s failure to make a discrimination complaint
about the discrimination is not determinative of the liability of the
applicable entity (i.e., the employer, licensing or employment agency, or
labor organization).
§§ 9 & 25 — CHRO LEGAL COUNSEL
Eliminates requirements CHRO legal counsel serve as a supervising attorney and that the
CHRO executive director assign commission legal counsel through a supervising attorney
Under current law, (1) one CHRO legal counsel must serve as a
supervising attorney (2) when CHRO’s executive director assigns,
presumably additional, commission legal counsel in certain actions, she
must do so through a supervising attorney. This applies when she
assigns commission legal counsel to:
1. represent the commission in any proceeding where a state agency
or officer is an adversary party and other matters the commission 2022SB-00005-R01-BA.DOCX
Researcher: MK Page 20 4/28/22
and the attorney general jointly prescribe;
2. represent the commission in any hearing or appeal on complaints
by an employee of a state or quasi-public agency or large state
contractor that action has been threatened or occurred in
retaliation for whistleblowing; and
3. bring a civil action about an alleged discriminatory practice.
In these cases, the bill eliminates the requirement that the executive
director assign commission legal counsel through the supervising
attorney. It also eliminates the requirement that one CHRO legal counsel
must serve as a supervising attorney.
§ 26 — DSS FUNDING
Requires DSS to make $1.44 million available to domestic violence child and family
advocates at domestic violence agencies for trauma-informed services
For FY 23, the bill requires DSS to make $1.44 million available to
domestic violence child and family advocates at domestic violence
agencies for providing trauma-informed services to children and
families experiencing domestic violence.
Under the bill, a “domestic violence agency” is any office, shelter,
host home, or agency helping domestic violence victims through crisis
intervention, emergency shelter referral, and medical and legal
advocacy, that also meets DSS’s service provision criteria.
“Trauma-informed services” are services directed by a thorough
understanding of the neurological, biological, psychological, and social
effects of trauma and violence on someone.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 36 Nay 3 (03/31/2022)
Appropriations Committee 2022SB-00005-R01-BA.DOCX
Researcher: MK Page 21 4/28/22
Joint Favorable
Yea 50 Nay 0 (04/22/2022)