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| 4 | + | SB.docx | |
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| 6 | + | ||
| 7 | + | ||
| 8 | + | General Assembly Substitute Bill No. 5 | |
| 9 | + | February Session, 2022 | |
| 1 | 10 | ||
| 2 | 11 | ||
| 3 | 12 | ||
| 4 | - | Substitute Senate Bill No. 5 | |
| 5 | - | ||
| 6 | - | Public Act No. 22-82 | |
| 7 | 13 | ||
| 8 | 14 | ||
| 9 | - | AN ACT CONCERNING ONLINE DATING OPERATORS, THE | |
| 10 | - | CREATION OF A GRANT PROGRAM TO REDUCE OCCURRENCES | |
| 11 | - | OF ONLINE ABUSE AND THE PROVISION OF DOMESTIC | |
| 12 | - | VIOLENCE TRAINING AND PROTECTIONS FOR VICTIMS OF | |
| 13 | - | DOMESTIC VIOLENCE. | |
| 15 | + | AN ACT CONCERNING ONLINE DATING OPERATORS, ONLINE | |
| 16 | + | CHILD GROOMING AND HARASSMENT, DOMESTIC VIOLENCE | |
| 17 | + | TRAINING AND PROTECTIONS FOR VICTIMS OF FAMILY VIOLENCE | |
| 18 | + | AND DOMESTIC VIOLENCE. | |
| 14 | 19 | Be it enacted by the Senate and House of Representatives in General | |
| 15 | 20 | Assembly convened: | |
| 16 | 21 | ||
| 17 | - | Section 1. (NEW) (Effective October 1, 2022) As used in this section and | |
| 18 | - | sections 2 to 5, inclusive, of this act: | |
| 19 | - | (1) "Connecticut user" means a user who provides a Connecticut | |
| 20 | - | home address or zip code when registering with an online dating | |
| 21 | - | operator or a user who is known or determined by an online dating | |
| 22 | - | operator or its online dating platform to be in Connecticut at the time of | |
| 23 | - | registration; | |
| 24 | - | (2) "Criminal background screening" means a name search for an | |
| 25 | - | individual's history of criminal convictions that is conducted by | |
| 26 | - | searching an (A) available and regularly updated government public | |
| 27 | - | record database that in the aggregate provides national coverage for | |
| 28 | - | searching an individual's history of criminal convictions; or (B) a | |
| 29 | - | regularly updated database maintained by a private vendor that | |
| 30 | - | provides national coverage for searching an individual's history of | |
| 31 | - | criminal convictions and sexual offender registries; Substitute Senate Bill No. 5 | |
| 22 | + | Section 1. (NEW) (Effective October 1, 2022) (a) As used in this section 1 | |
| 23 | + | and sections 2 to 4, inclusive, of this act: 2 | |
| 24 | + | (1) "Online dating" means the act of using software applications to 3 | |
| 25 | + | initiate relationships with other individuals for the purpose of romance, 4 | |
| 26 | + | sex or marriage. 5 | |
| 27 | + | (2) "Online dating operator" means a person who operates a software 6 | |
| 28 | + | application designed to facilitate online dating. 7 | |
| 29 | + | (3) "User" means an individual who uses the online dating services of 8 | |
| 30 | + | an online dating operator. 9 | |
| 31 | + | (b) On and after October 1, 2022, prior to a user being permitted to 10 | |
| 32 | + | utilize an online dating software application, the online dating operator 11 | |
| 33 | + | shall require the user to establish an online dating account. In order to 12 | |
| 34 | + | establish an online dating account, the online dating operator shall: 13 Substitute Bill No. 5 | |
| 32 | 35 | ||
| 33 | - | Public Act No. 22-82 2 of 34 | |
| 34 | 36 | ||
| 35 | - | (3) "Criminal conviction" means a conviction for a crime in this state, | |
| 36 | - | another state, or under federal law; | |
| 37 | - | (4) "Online dating" means the act of using a digital service to initiate | |
| 38 | - | relationships with other individuals for the purpose of romance, sex or | |
| 39 | - | marriage; | |
| 40 | - | (5) "Online dating operator" means a person who operates a software | |
| 41 | - | application designed to facilitate online dating; | |
| 42 | - | (6) "Online dating platform" means a digital service designed to allow | |
| 43 | - | users to interact through the Internet to participate in online dating; and | |
| 44 | - | (7) "User" means an individual who uses the online dating services of | |
| 45 | - | an online dating operator. | |
| 46 | - | Sec. 2. (NEW) (Effective October 1, 2022) (a) An online dating operator | |
| 47 | - | that does not conduct a criminal background screening on each user | |
| 48 | - | shall, before permitting a Connecticut user to communicate through the | |
| 49 | - | online dating platform with another user, provide the Connecticut user | |
| 50 | - | with a clear and conspicuous notification that the online dating operator | |
| 51 | - | does not conduct a criminal background screening on each user. | |
| 52 | - | (b) An online dating operator that offers services to residents of this | |
| 53 | - | state and conducts a criminal background screening on each user shall, | |
| 54 | - | before permitting a Connecticut user to communicate through the | |
| 55 | - | platform with another user: (1) Provide to the Connecticut user with a | |
| 56 | - | clear and conspicuous notification indicating that the online dating | |
| 57 | - | operator conducts a criminal background screening on each user, which | |
| 58 | - | notification shall include a statement of whether the platform excludes | |
| 59 | - | an individual who is identified as having a criminal conviction and a | |
| 60 | - | statement that a criminal background screening may: (A) Be inaccurate | |
| 61 | - | or incomplete; (B) give a user a false sense of security; and (C) be | |
| 62 | - | circumvented by an individual who has a criminal history; and (2) | |
| 63 | - | include on the online dating platform a notification containing the Substitute Senate Bill No. 5 | |
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| 64 | 40 | ||
| 65 | - | Public Act No. 22-82 3 of 34 | |
| 41 | + | (1) Create an electronic user file, which file shall minimally include: 14 | |
| 42 | + | (A) The user's legal name; 15 | |
| 43 | + | (B) The user's date of birth; 16 | |
| 44 | + | (C) The entire or last four digits of the user's Social Security number 17 | |
| 45 | + | or an equivalent identification number for a foreign user, such as the 18 | |
| 46 | + | user's passport number or taxpayer identification number; 19 | |
| 47 | + | (D) The user's address; 20 | |
| 48 | + | (E) The user's electronic mail address; 21 | |
| 49 | + | (F) The user's telephone number; 22 | |
| 50 | + | (G) Any other information collected from the user used to verify the 23 | |
| 51 | + | user's identity; 24 | |
| 52 | + | (H) The method used to verify the user's identity; and 25 | |
| 53 | + | (I) The date of verification. 26 | |
| 54 | + | (2) Encrypt all confidential information contained in an electronic 27 | |
| 55 | + | user file; 28 | |
| 56 | + | (3) Verify the user's identity in accordance with section 2 of this act 29 | |
| 57 | + | or through an alternative methodology for remote multi-sourced 30 | |
| 58 | + | authentication, which may include third-party and governmental 31 | |
| 59 | + | databases, that may be approved by the Department of Consumer 32 | |
| 60 | + | Protection; and 33 | |
| 61 | + | (4) Record the user's certification that the information provided to the 34 | |
| 62 | + | online dating operator by the user is accurate. 35 | |
| 63 | + | (c) Each online dating account shall be (1) nontransferable, and (2) 36 | |
| 64 | + | unique to the user who establishes the account. 37 | |
| 65 | + | (d) Online dating operators shall maintain electronic user files for two 38 Substitute Bill No. 5 | |
| 66 | 66 | ||
| 67 | - | information described in subdivision (1) of this subsection. | |
| 68 | - | Sec. 3. (NEW) (Effective October 1, 2022) (a) An online dating operator | |
| 69 | - | that offers services to residents of this state shall clearly and | |
| 70 | - | conspicuously provide a safety awareness notification on the online | |
| 71 | - | dating platform to all Connecticut users that includes a list of safety | |
| 72 | - | measures reasonably designed to increase awareness of safer online | |
| 73 | - | dating practices. | |
| 74 | - | (b) A safety awareness notification described in subsection (a) of this | |
| 75 | - | section shall include the following statements in substantially similar | |
| 76 | - | form: | |
| 77 | - | (1) "Use caution when communicating with a stranger who wants to | |
| 78 | - | meet you."; | |
| 79 | - | (2) "You should not include your last name, electronic mail address, | |
| 80 | - | home address, phone number or any other identifying information in | |
| 81 | - | your online dating profile or electronic mail messages or | |
| 82 | - | communications until you feel comfortable with the other user. Stop | |
| 83 | - | communicating with anyone who pressures you for personal or | |
| 84 | - | financial information or attempts in any way to coerce you into | |
| 85 | - | revealing such information."; | |
| 86 | - | (3) "If you choose to have a face-to-face meeting with another user | |
| 87 | - | who you met on the online dating platform, tell a family member or | |
| 88 | - | friend where you will be meeting and when you will return. You should | |
| 89 | - | not agree to be picked up at your home. Always provide your own | |
| 90 | - | transportation to and from your date and meet in a public place with | |
| 91 | - | many people around."; and | |
| 92 | - | (4) "Anyone who is able to commit identity theft can also falsify a | |
| 93 | - | dating profile." | |
| 94 | - | Sec. 4. (NEW) (Effective October 1, 2022) An online dating operator Substitute Senate Bill No. 5 | |
| 95 | 67 | ||
| 96 | - | Public Act No. 22-82 4 of 34 | |
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| 97 | 71 | ||
| 98 | - | providing the notifications required under sections 2 and 3 of this act | |
| 99 | - | shall provide such notification at the time a Connecticut user registers | |
| 100 | - | with the online dating operator by way of a communication, which may | |
| 101 | - | be in the form of electronic mail, text message, push notification, inbox | |
| 102 | - | message or in-product message. Such notifications may be provided in | |
| 103 | - | the same communication. The communication shall not address matters | |
| 104 | - | other than the criminal background screening notification and the safety | |
| 105 | - | awareness notification. In the event that the means of communication is | |
| 106 | - | character limited, the online dating operator may include the full | |
| 107 | - | content of the information by means of a link to a separate Internet web | |
| 108 | - | site, provided such Internet web site does not address matters other than | |
| 109 | - | the notifications required under sections 2 and 3 of this act. | |
| 110 | - | Sec. 5. (NEW) (Effective October 1, 2022) (a) The Department of | |
| 111 | - | Consumer Protection may issue fines of not more than twenty-five | |
| 112 | - | thousand dollars per violation, accept an offer in compromise, or take | |
| 113 | - | other actions permitted by the general statutes or the regulations of | |
| 114 | - | Connecticut state agencies if an online dating operator fails to comply | |
| 115 | - | with the provisions of sections 1 to 4, inclusive, of this act. | |
| 116 | - | (b) The Commissioner of Consumer Protection, or the commissioner's | |
| 117 | - | designee, may conduct investigations and hold hearings on any matter | |
| 118 | - | under the provisions of this section and sections 1 to 4, inclusive, of this | |
| 119 | - | act. The commissioner, or the commissioner's designee, may issue | |
| 120 | - | subpoenas, administer oaths, compel testimony and order the | |
| 121 | - | production of books, records and documents. If any person refuses to | |
| 122 | - | appear, to testify or to produce any book, record or document when so | |
| 123 | - | ordered, upon application of the commissioner or the commissioner's | |
| 124 | - | designee, a judge of the Superior Court may make such order as may be | |
| 125 | - | appropriate to aid in the enforcement of this section. | |
| 126 | - | (c) The Attorney General, at the request of the commissioner or the | |
| 127 | - | commissioner's designee, may apply in the name of the state to the | |
| 128 | - | Superior Court for an order temporarily or permanently restraining and Substitute Senate Bill No. 5 | |
| 72 | + | years after the date of termination of an online dating account and shall 39 | |
| 73 | + | destroy all copies of the electronic user file after such two-year period 40 | |
| 74 | + | expires. 41 | |
| 75 | + | Sec. 2. (NEW) (Effective October 1, 2022) (a) On and after October 1, 42 | |
| 76 | + | 2022, prior to an individual being allowed to open an online dating 43 | |
| 77 | + | account, an online dating operator shall conduct a comprehensive 44 | |
| 78 | + | identity check of such individual. An online dating operator may 45 | |
| 79 | + | contract with a third party for identity verification of any individual 46 | |
| 80 | + | seeking to open an online dating account. 47 | |
| 81 | + | (b) The comprehensive identity check shall minimally include an 48 | |
| 82 | + | identity search of the individual's name, date of birth, address and last 49 | |
| 83 | + | four digits of the individual's Social Security number or an equivalent 50 | |
| 84 | + | identification number for a foreign user. Prior to establishing the online 51 | |
| 85 | + | dating account, an online dating operator shall utilize identity 52 | |
| 86 | + | authentication questions that require an individual who seeks to use the 53 | |
| 87 | + | online dating service to provide information known only to the 54 | |
| 88 | + | individual, such as previous addresses or credit transactions, unless an 55 | |
| 89 | + | alternate method of authentication of equal or greater security and 56 | |
| 90 | + | effectiveness is approved, in writing, by the Department of Consumer 57 | |
| 91 | + | Protection. 58 | |
| 92 | + | Sec. 3. (NEW) (Effective October 1, 2022) On and after October 1, 2022, 59 | |
| 93 | + | online dating operators shall develop their online dating services to 60 | |
| 94 | + | maintain the security and confidentiality of participation and all 61 | |
| 95 | + | information in an electronic user file, except such information shall be 62 | |
| 96 | + | disclosed in response to a lawful subpoena, summons, warrant or court 63 | |
| 97 | + | order. 64 | |
| 98 | + | Sec. 4. (NEW) (Effective October 1, 2022) (a) The Department of 65 | |
| 99 | + | Consumer Protection may issue fines of not more than twenty-five 66 | |
| 100 | + | thousand dollars per violation, accept an offer in compromise, or take 67 | |
| 101 | + | other actions permitted by the general statutes or the regulations of 68 | |
| 102 | + | Connecticut state agencies if an online dating operator fails to collect, 69 | |
| 103 | + | keep confidential or disclose information in accordance with the 70 Substitute Bill No. 5 | |
| 129 | 104 | ||
| 130 | - | Public Act No. 22-82 5 of 34 | |
| 131 | 105 | ||
| 132 | - | enjoining any person from violating any provision of this section and | |
| 133 | - | sections 1 to 4, inclusive, of this act. | |
| 134 | - | Sec. 6. (NEW) (Effective July 1, 2022) (a) As used in this section: | |
| 135 | - | (1) "Eligible entity" means any of the following located in this state: | |
| 136 | - | (A) A local or regional school district, (B) a historical society, (C) a tax- | |
| 137 | - | exempt entity registered with the office of the Secretary of the State, (D) | |
| 138 | - | a government agency, (E) a constituent unit of the state system of higher | |
| 139 | - | education, (F) a public library, or (G) any other entity operating under | |
| 140 | - | another entity described in this subdivision; and | |
| 141 | - | (2) "Online abuse" means the following acts, when conducted using | |
| 142 | - | any interactive computer service: (A) Speech or conduct motivated by | |
| 143 | - | hatred, prejudice or bigotry towards a person or group based on the | |
| 144 | - | person's actual or perceived religion, national origin, alienage, color, | |
| 145 | - | race, sex, gender identity or expression, sexual orientation or disability, | |
| 146 | - | (B) harassment, (C) stalking, (D) swatting, (E) doxing, or (F) an assault. | |
| 147 | - | (b) There is established a grant program to provide educational and | |
| 148 | - | training opportunities with the goal of preventing online abuse and | |
| 149 | - | informing individuals about identifying, reporting, responding to and | |
| 150 | - | avoiding online abuse. The grant program shall be administered by the | |
| 151 | - | Department of Emergency Services and Public Protection, in | |
| 152 | - | consultation with the State-Wide Hate Crimes Advisory Council, | |
| 153 | - | established under section 51-279f of the general statutes. | |
| 154 | - | (c) Not later than three months after receiving funds from the state | |
| 155 | - | for any fiscal year, the administrator of the grant program shall issue a | |
| 156 | - | request for proposals from any eligible entity. Each response to the | |
| 157 | - | request for proposals shall: Specify the types of online abuse that the | |
| 158 | - | entity proposes to address in accordance with the purposes of the | |
| 159 | - | program under subsection (b) of this section; the methods used to | |
| 160 | - | achieve the goals of the program; other specific goals of the eligible Substitute Senate Bill No. 5 | |
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| 108 | + | 4 of 33 | |
| 161 | 109 | ||
| 162 | - | Public Act No. 22-82 6 of 34 | |
| 110 | + | provisions of sections 1 to 3, inclusive, of this act. 71 | |
| 111 | + | (b) The Commissioner of Consumer Protection, or the commissioner's 72 | |
| 112 | + | designee, may conduct investigations and hold hearings on any matter 73 | |
| 113 | + | under the provisions of this section and sections 1 to 3, inclusive, of this 74 | |
| 114 | + | act. The commissioner, or the commissioner's designee, may issue 75 | |
| 115 | + | subpoenas, administer oaths, compel testimony and order the 76 | |
| 116 | + | production of books, records and documents. If any person refuses to 77 | |
| 117 | + | appear, to testify or to produce any book, record or document when so 78 | |
| 118 | + | ordered, upon application of the commissioner or the commissioner's 79 | |
| 119 | + | designee, a judge of the Superior Court may make such order as may be 80 | |
| 120 | + | appropriate to aid in the enforcement of this section. 81 | |
| 121 | + | (c) The Attorney General, at the request of the commissioner or the 82 | |
| 122 | + | commissioner's designee, may apply in the name of the state to the 83 | |
| 123 | + | Superior Court for an order temporarily or permanently restraining and 84 | |
| 124 | + | enjoining any person from violating any provision of this section and 85 | |
| 125 | + | sections 1 to 3, inclusive, of this act. 86 | |
| 126 | + | Sec. 5. (Effective from passage) (a) There is established a working group 87 | |
| 127 | + | to examine and develop recommendations regarding potential 88 | |
| 128 | + | legislation to criminalize child grooming, including acts to persuade, 89 | |
| 129 | + | coerce, induce or entice a minor for the purposes of: (1) Sexually 90 | |
| 130 | + | exploiting the minor; (2) the creation of child pornography; (3) engaging 91 | |
| 131 | + | the minor in prostitution; or (4) trafficking the minor. 92 | |
| 132 | + | (b) The working group shall be comprised of: (1) An individual 93 | |
| 133 | + | appointed by the president pro tempore of the Senate, who shall serve 94 | |
| 134 | + | as the chairperson of the working group, (2) an individual appointed by 95 | |
| 135 | + | the speaker of the House of Representatives, (3) an individual appointed 96 | |
| 136 | + | by the minority leader of the Senate, (4) an individual appointed by the 97 | |
| 137 | + | minority leader of the House of Representatives, (5) an individual 98 | |
| 138 | + | appointed by the Senate chairperson of the joint standing committee of 99 | |
| 139 | + | the General Assembly having cognizance of matters relating to the 100 | |
| 140 | + | judiciary, (6) an individual appointed by the House chairperson of the 101 | |
| 141 | + | joint standing committee of the General Assembly having cognizance of 102 Substitute Bill No. 5 | |
| 163 | 142 | ||
| 164 | - | entity; the target audience of the training and information that the entity | |
| 165 | - | would provide; whether the eligible entity is replicating a program | |
| 166 | - | found to have a high likelihood of success as determined by a cost- | |
| 167 | - | benefit analysis appearing in a peer reviewed academic journal; and the | |
| 168 | - | amount, if any, of matching funds the eligible entity will contribute. | |
| 169 | - | (d) The department may award grants for any programming or | |
| 170 | - | service that prevents online abuse or furthers the other goals of the | |
| 171 | - | program under subsection (b) of this section, including training teachers | |
| 172 | - | or professionals within schools, archiving, public murals, curriculum | |
| 173 | - | development and marketing. Eligible entities may use the funds | |
| 174 | - | awarded under this subsection collectively, including regionally, | |
| 175 | - | through coordinated efforts and conferences that achieve the goals of | |
| 176 | - | the program. | |
| 177 | - | (e) The department may only award a grant to an eligible entity in an | |
| 178 | - | amount not to exceed thirty thousand dollars during any fiscal year. | |
| 179 | - | Sec. 7. Section 46a-51 of the 2022 supplement to the general statutes | |
| 180 | - | is repealed and the following is substituted in lieu thereof (Effective | |
| 181 | - | October 1, 2022): | |
| 182 | - | As used in section 4a-60a and this chapter: | |
| 183 | - | (1) "Blind" refers to an individual whose central visual acuity does | |
| 184 | - | not exceed 20/200 in the better eye with correcting lenses, or whose | |
| 185 | - | visual acuity is greater than 20/200 but is accompanied by a limitation | |
| 186 | - | in the fields of vision such that the widest diameter of the visual field | |
| 187 | - | subtends an angle no greater than twenty degrees; | |
| 188 | - | (2) "Commission" means the Commission on Human Rights and | |
| 189 | - | Opportunities created by section 46a-52; | |
| 190 | - | (3) "Commission legal counsel" means a member of the legal staff | |
| 191 | - | employed by the commission pursuant to section 46a-54, as amended Substitute Senate Bill No. 5 | |
| 192 | 143 | ||
| 193 | - | Public Act No. 22-82 7 of 34 | |
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| 194 | 147 | ||
| 195 | - | by this act; | |
| 196 | - | (4) "Commissioner" means a member of the commission; | |
| 197 | - | (5) "Court" means the Superior Court or any judge of said court; | |
| 198 | - | (6) "Discrimination" includes segregation and separation; | |
| 199 | - | (7) "Discriminatory employment practice" means any discriminatory | |
| 200 | - | practice specified in section 46a-60, as amended by this act, or 46a-81c; | |
| 201 | - | (8) "Discriminatory practice" means a violation of section 4a-60, 4a- | |
| 202 | - | 60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a- | |
| 203 | - | 54, as amended by this act, subdivisions (16) and (17) of section 46a-54, | |
| 204 | - | as amended by this act, section 46a-58, as amended by this act, 46a-59, | |
| 205 | - | as amended by this act, 46a-60, as amended by this act, 46a-64, as | |
| 206 | - | amended by this act, 46a-64c, 46a-66, as amended by this act, 46a-68, | |
| 207 | - | 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, as amended | |
| 208 | - | by this act, subsection (a) of section 46a-80 or sections 46a-81b to 46a- | |
| 209 | - | 81o, inclusive; | |
| 210 | - | (9) "Employee" means any person employed by an employer but shall | |
| 211 | - | not include any individual employed by such individual's parents, | |
| 212 | - | spouse or child. "Employee" includes any elected or appointed official | |
| 213 | - | of a municipality, board, commission, counsel or other governmental | |
| 214 | - | body; | |
| 215 | - | (10) "Employer" includes the state and all political subdivisions | |
| 216 | - | thereof and means any person or employer with [three] one or more | |
| 217 | - | persons in such person's or employer's employ; | |
| 218 | - | (11) "Employment agency" means any person undertaking with or | |
| 219 | - | without compensation to procure employees or opportunities to work; | |
| 220 | - | (12) "Labor organization" means any organization which exists for the | |
| 221 | - | purpose, in whole or in part, of collective bargaining or of dealing with Substitute Senate Bill No. 5 | |
| 148 | + | matters relating to the judiciary, (7) an individual appointed by the 103 | |
| 149 | + | Senate ranking member of the joint standing committee of the General 104 | |
| 150 | + | Assembly having cognizance of matters relating to the judiciary, (8) an 105 | |
| 151 | + | individual appointed by the House ranking member of the joint 106 | |
| 152 | + | standing committee of the General Assembly having cognizance of 107 | |
| 153 | + | matters relating to the judiciary, (9) the Chief Public Defender, or the 108 | |
| 154 | + | Chief Public Defender's designee, and (10) the Chief State's Attorney, or 109 | |
| 155 | + | the Chief State's Attorney's designee. Any member of the working 110 | |
| 156 | + | group appointed under subdivisions (1) to (8), inclusive, of this 111 | |
| 157 | + | subsection may be a member of the General Assembly. 112 | |
| 158 | + | (c) All appointments to the working group shall be made not later 113 | |
| 159 | + | than sixty days after the effective date of this section. The appointing 114 | |
| 160 | + | authority shall provide a copy of such appointment to the administrator 115 | |
| 161 | + | of the joint standing committee of the General Assembly having 116 | |
| 162 | + | cognizance of matters relating to the judiciary not later than seven days 117 | |
| 163 | + | after the date of the appointment. 118 | |
| 164 | + | (d) The chairperson of the working group shall schedule the first 119 | |
| 165 | + | meeting of the working group, which shall be held not later than ninety 120 | |
| 166 | + | days after the effective date of this section. 121 | |
| 167 | + | (e) On or before December 31, 2022, the working group shall report 122 | |
| 168 | + | its recommendations, in accordance with the provisions of section 11-4a 123 | |
| 169 | + | of the general statutes, to the joint standing committee of the General 124 | |
| 170 | + | Assembly having cognizance of matters relating to the judiciary. The 125 | |
| 171 | + | working group shall terminate on the date that it submits such report or 126 | |
| 172 | + | December 31, 2022, whichever is later. 127 | |
| 173 | + | Sec. 6. (NEW) (Effective July 1, 2022) (a) As used in this section: 128 | |
| 174 | + | (1) "Eligible entity" means any of the following located in this state: 129 | |
| 175 | + | (A) A local or regional school district, (B) a historical society, (C) a tax-130 | |
| 176 | + | exempt entity registered with the office of the Secretary of the State, (D) 131 | |
| 177 | + | a government agency, (E) a constituent unit of the state system of higher 132 | |
| 178 | + | education, (F) a public library, or (G) any other entity operating under 133 Substitute Bill No. 5 | |
| 222 | 179 | ||
| 223 | - | Public Act No. 22-82 8 of 34 | |
| 224 | 180 | ||
| 225 | - | employers concerning grievances, terms or conditions of employment, | |
| 226 | - | or of other mutual aid or protection in connection with employment; | |
| 227 | - | (13) "Intellectual disability" means intellectual disability as defined in | |
| 228 | - | section 1-1g; | |
| 229 | - | (14) "Person" means one or more individuals, partnerships, | |
| 230 | - | associations, corporations, limited liability companies, legal | |
| 231 | - | representatives, trustees, trustees in bankruptcy, receivers and the state | |
| 232 | - | and all political subdivisions and agencies thereof; | |
| 233 | - | (15) "Physically disabled" refers to any individual who has any | |
| 234 | - | chronic physical handicap, infirmity or impairment, whether congenital | |
| 235 | - | or resulting from bodily injury, organic processes or changes or from | |
| 236 | - | illness, including, but not limited to, epilepsy, deafness or being hard of | |
| 237 | - | hearing or reliance on a wheelchair or other remedial appliance or | |
| 238 | - | device; | |
| 239 | - | (16) "Respondent" means any person alleged in a complaint filed | |
| 240 | - | pursuant to section 46a-82 to have committed a discriminatory practice; | |
| 241 | - | (17) "Discrimination on the basis of sex" includes but is not limited to | |
| 242 | - | discrimination related to pregnancy, child-bearing capacity, | |
| 243 | - | sterilization, fertility or related medical conditions; | |
| 244 | - | (18) "Discrimination on the basis of religious creed" includes but is | |
| 245 | - | not limited to discrimination related to all aspects of religious | |
| 246 | - | observances and practice as well as belief, unless an employer | |
| 247 | - | demonstrates that the employer is unable to reasonably accommodate | |
| 248 | - | to an employee's or prospective employee's religious observance or | |
| 249 | - | practice without undue hardship on the conduct of the employer's | |
| 250 | - | business; | |
| 251 | - | (19) "Learning disability" refers to an individual who exhibits a severe | |
| 252 | - | discrepancy between educational performance and measured Substitute Senate Bill No. 5 | |
| 181 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 182 | + | R03-SB.docx } | |
| 183 | + | 6 of 33 | |
| 253 | 184 | ||
| 254 | - | Public Act No. 22-82 9 of 34 | |
| 185 | + | another entity described in this subdivision; and 134 | |
| 186 | + | (2) "Online abuse" means the following acts, when conducted using 135 | |
| 187 | + | any interactive computer service: (A) Speech or conduct motivated by 136 | |
| 188 | + | hatred, prejudice or bigotry towards a person or group based on the 137 | |
| 189 | + | person's actual or perceived religion, national origin, alienage, color, 138 | |
| 190 | + | race, sex, gender identity or expression, sexual orientation or disability, 139 | |
| 191 | + | (B) harassment, (C) stalking, (D) swatting, (E) doxing, or (F) an assault. 140 | |
| 192 | + | (b) There is established a grant program to provide educational and 141 | |
| 193 | + | training opportunities with the goal of preventing online abuse and 142 | |
| 194 | + | informing individuals about identifying, reporting, responding to and 143 | |
| 195 | + | avoiding online abuse. The grant program shall be administered by the 144 | |
| 196 | + | Department of Emergency Services and Public Protection, in 145 | |
| 197 | + | consultation with the State-Wide Hate Crimes Advisory Council, 146 | |
| 198 | + | established under section 51-279f of the general statutes. 147 | |
| 199 | + | (c) Not later than three months after receiving funds from the state 148 | |
| 200 | + | for any fiscal year, the administrator of the grant program shall issue a 149 | |
| 201 | + | request for proposals from any eligible entity. Each response to the 150 | |
| 202 | + | request for proposals shall: Specify the types of online abuse that the 151 | |
| 203 | + | entity proposes to address in accordance with the purposes of the 152 | |
| 204 | + | program under subsection (b) of this section; the methods used to 153 | |
| 205 | + | achieve the goals of the program; other specific goals of the eligible 154 | |
| 206 | + | entity; the target audience of the training and information that the entity 155 | |
| 207 | + | would provide; whether the eligible entity is replicating a program 156 | |
| 208 | + | found to have a high likelihood of success as determined by a cost-157 | |
| 209 | + | benefit analysis appearing in a peer reviewed academic journal; and the 158 | |
| 210 | + | amount, if any, of matching funds the eligible entity will contribute. 159 | |
| 211 | + | (d) The department may award grants for any programming or 160 | |
| 212 | + | service that prevents online abuse or furthers the other goals of the 161 | |
| 213 | + | program under subsection (b) of this section, including training teachers 162 | |
| 214 | + | or professionals within schools, archiving, public murals, curriculum 163 | |
| 215 | + | development and marketing. Eligible entities may use the funds 164 | |
| 216 | + | awarded under this subsection collectively, including regionally, 165 Substitute Bill No. 5 | |
| 255 | 217 | ||
| 256 | - | intellectual ability and who exhibits a disorder in one or more of the | |
| 257 | - | basic psychological processes involved in understanding or in using | |
| 258 | - | language, spoken or written, which may manifest itself in a diminished | |
| 259 | - | ability to listen, speak, read, write, spell or to do mathematical | |
| 260 | - | calculations; | |
| 261 | - | (20) "Mental disability" refers to an individual who has a record of, or | |
| 262 | - | is regarded as having one or more mental disorders, as defined in the | |
| 263 | - | most recent edition of the American Psychiatric Association's | |
| 264 | - | "Diagnostic and Statistical Manual of Mental Disorders"; and | |
| 265 | - | (21) "Gender identity or expression" means a person's gender-related | |
| 266 | - | identity, appearance or behavior, whether or not that gender-related | |
| 267 | - | identity, appearance or behavior is different from that traditionally | |
| 268 | - | associated with the person's physiology or assigned sex at birth, which | |
| 269 | - | gender-related identity can be shown by providing evidence including, | |
| 270 | - | but not limited to, medical history, care or treatment of the gender- | |
| 271 | - | related identity, consistent and uniform assertion of the gender-related | |
| 272 | - | identity or any other evidence that the gender-related identity is | |
| 273 | - | sincerely held, part of a person's core identity or not being asserted for | |
| 274 | - | an improper purpose; [.] | |
| 275 | - | (22) "Veteran" means veteran as defined in subsection (a) of section | |
| 276 | - | 27-103; | |
| 277 | - | (23) "Race" is inclusive of ethnic traits historically associated with | |
| 278 | - | race, including, but not limited to, hair texture and protective hairstyles; | |
| 279 | - | [and] | |
| 280 | - | (24) "Protective hairstyles" includes, but is not limited to, wigs, | |
| 281 | - | headwraps and hairstyles such as individual braids, cornrows, locs, | |
| 282 | - | twists, Bantu knots, afros and afro puffs; and | |
| 283 | - | (25) "Domestic Violence" has the same meaning as provided in | |
| 284 | - | subsection (b) of section 46b-1. Substitute Senate Bill No. 5 | |
| 285 | 218 | ||
| 286 | - | Public Act No. 22-82 10 of 34 | |
| 219 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 220 | + | R03-SB.docx } | |
| 221 | + | 7 of 33 | |
| 287 | 222 | ||
| 288 | - | Sec. 8. Section 46a-54 of the 2022 supplement to the general statutes | |
| 289 | - | is repealed and the following is substituted in lieu thereof (Effective from | |
| 290 | - | passage): | |
| 291 | - | The commission shall have the following powers and duties: | |
| 292 | - | (1) To establish and maintain such offices as the commission may | |
| 293 | - | deem necessary; | |
| 294 | - | (2) To organize the commission into a division of affirmative action | |
| 295 | - | monitoring and contract compliance, a division of discriminatory | |
| 296 | - | practice complaints and such other divisions, bureaus or units as may | |
| 297 | - | be necessary for the efficient conduct of business of the commission; | |
| 298 | - | (3) To employ legal staff and commission legal counsel as necessary | |
| 299 | - | to perform the duties and responsibilities under section 46a-55, as | |
| 300 | - | amended by this act. [One commission legal counsel shall serve as | |
| 301 | - | supervising attorney.] Each commission legal counsel shall be admitted | |
| 302 | - | to practice law in this state; | |
| 303 | - | (4) To appoint such investigators and other employees and agents as | |
| 304 | - | it deems necessary, fix their compensation within the limitations | |
| 305 | - | provided by law and prescribe their duties; | |
| 306 | - | (5) To adopt, publish, amend and rescind regulations consistent with | |
| 307 | - | and to effectuate the provisions of this chapter; | |
| 308 | - | (6) To establish rules of practice to govern, expedite and effectuate | |
| 309 | - | the procedures set forth in this chapter; | |
| 310 | - | (7) To recommend policies and make recommendations to agencies | |
| 311 | - | and officers of the state and local subdivisions of government to | |
| 312 | - | effectuate the policies of this chapter; | |
| 313 | - | (8) To receive, initiate as provided in section 46a-82, investigate and | |
| 314 | - | mediate discriminatory practice complaints; Substitute Senate Bill No. 5 | |
| 223 | + | through coordinated efforts and conferences that achieve the goals of 166 | |
| 224 | + | the program. 167 | |
| 225 | + | (e) The department may only award a grant to an eligible entity in an 168 | |
| 226 | + | amount not to exceed thirty thousand dollars during any fiscal year. 169 | |
| 227 | + | Sec. 7. Subdivision (10) of section 46a-51 of the 2022 supplement to 170 | |
| 228 | + | the general statutes is repealed and the following is substituted in lieu 171 | |
| 229 | + | thereof (Effective October 1, 2022): 172 | |
| 230 | + | (10) "Employer" includes the state and all political subdivisions 173 | |
| 231 | + | thereof and means any person or employer with [three] one or more 174 | |
| 232 | + | persons in such person's or employer's employ; 175 | |
| 233 | + | Sec. 8. Section 46a-54 of the 2022 supplement to the general statutes 176 | |
| 234 | + | is repealed and the following is substituted in lieu thereof (Effective 177 | |
| 235 | + | October 1, 2022): 178 | |
| 236 | + | The commission shall have the following powers and duties: 179 | |
| 237 | + | (1) To establish and maintain such offices as the commission may 180 | |
| 238 | + | deem necessary; 181 | |
| 239 | + | (2) To organize the commission into a division of affirmative action 182 | |
| 240 | + | monitoring and contract compliance, a division of discriminatory 183 | |
| 241 | + | practice complaints and such other divisions, bureaus or units as may 184 | |
| 242 | + | be necessary for the efficient conduct of business of the commission; 185 | |
| 243 | + | (3) To employ legal staff and commission legal counsel as necessary 186 | |
| 244 | + | to perform the duties and responsibilities under section 46a-55. One 187 | |
| 245 | + | commission legal counsel shall serve as supervising attorney. Each 188 | |
| 246 | + | commission legal counsel shall be admitted to practice law in this state; 189 | |
| 247 | + | (4) To appoint such investigators and other employees and agents as 190 | |
| 248 | + | it deems necessary, fix their compensation within the limitations 191 | |
| 249 | + | provided by law and prescribe their duties; 192 | |
| 250 | + | (5) To adopt, publish, amend and rescind regulations consistent with 193 Substitute Bill No. 5 | |
| 315 | 251 | ||
| 316 | - | Public Act No. 22-82 11 of 34 | |
| 317 | 252 | ||
| 318 | - | (9) By itself or with or by hearing officers or human rights referees, to | |
| 319 | - | hold hearings, subpoena witnesses and compel their attendance, | |
| 320 | - | administer oaths, take the testimony of any person under oath and | |
| 321 | - | require the production for examination of any books and papers relating | |
| 322 | - | to any matter under investigation or in question; | |
| 323 | - | (10) To make rules as to the procedure for the issuance of subpoenas | |
| 324 | - | by individual commissioners, hearing officers and human rights | |
| 325 | - | referees; | |
| 326 | - | (11) To require written answers to interrogatories under oath relating | |
| 327 | - | to any complaint under investigation pursuant to this chapter alleging | |
| 328 | - | any discriminatory practice as defined in subdivision (8) of section 46a- | |
| 329 | - | 51, as amended by this act, and to adopt regulations, in accordance with | |
| 330 | - | the provisions of chapter 54, for the procedure for the issuance of | |
| 331 | - | interrogatories and compliance with interrogatory requests; | |
| 332 | - | (12) To utilize such voluntary and uncompensated services of private | |
| 333 | - | individuals, agencies and organizations as may from time to time be | |
| 334 | - | offered and needed and with the cooperation of such agencies, (A) to | |
| 335 | - | study the problems of discrimination in all or specific fields of human | |
| 336 | - | relationships, and (B) to foster through education and community effort | |
| 337 | - | or otherwise good will among the groups and elements of the | |
| 338 | - | population of the state; | |
| 339 | - | (13) To require the posting by an employer, employment agency or | |
| 340 | - | labor organization of such notices regarding statutory provisions as the | |
| 341 | - | commission shall provide; | |
| 342 | - | (14) To require the posting, by any respondent or other person subject | |
| 343 | - | to the requirements of section 46a-64, as amended by this act, 46a-64c, | |
| 344 | - | as amended by this act, 46a-81d or 46a-81e, of such notices of statutory | |
| 345 | - | provisions as it deems desirable; | |
| 346 | - | (15) To require an employer having three or more employees to (A) Substitute Senate Bill No. 5 | |
| 253 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 254 | + | R03-SB.docx } | |
| 255 | + | 8 of 33 | |
| 347 | 256 | ||
| 348 | - | Public Act No. 22-82 12 of 34 | |
| 257 | + | and to effectuate the provisions of this chapter; 194 | |
| 258 | + | (6) To establish rules of practice to govern, expedite and effectuate 195 | |
| 259 | + | the procedures set forth in this chapter; 196 | |
| 260 | + | (7) To recommend policies and make recommendations to agencies 197 | |
| 261 | + | and officers of the state and local subdivisions of government to 198 | |
| 262 | + | effectuate the policies of this chapter; 199 | |
| 263 | + | (8) To receive, initiate as provided in section 46a-82, investigate and 200 | |
| 264 | + | mediate discriminatory practice complaints; 201 | |
| 265 | + | (9) By itself or with or by hearing officers or human rights referees, to 202 | |
| 266 | + | hold hearings, subpoena witnesses and compel their attendance, 203 | |
| 267 | + | administer oaths, take the testimony of any person under oath and 204 | |
| 268 | + | require the production for examination of any books and papers relating 205 | |
| 269 | + | to any matter under investigation or in question; 206 | |
| 270 | + | (10) To make rules as to the procedure for the issuance of subpoenas 207 | |
| 271 | + | by individual commissioners, hearing officers and human rights 208 | |
| 272 | + | referees; 209 | |
| 273 | + | (11) To require written answers to interrogatories under oath relating 210 | |
| 274 | + | to any complaint under investigation pursuant to this chapter alleging 211 | |
| 275 | + | any discriminatory practice as defined in subdivision (8) of section 46a-212 | |
| 276 | + | 51, and to adopt regulations, in accordance with the provisions of 213 | |
| 277 | + | chapter 54, for the procedure for the issuance of interrogatories and 214 | |
| 278 | + | compliance with interrogatory requests; 215 | |
| 279 | + | (12) To utilize such voluntary and uncompensated services of private 216 | |
| 280 | + | individuals, agencies and organizations as may from time to time be 217 | |
| 281 | + | offered and needed and with the cooperation of such agencies, (A) to 218 | |
| 282 | + | study the problems of discrimination in all or specific fields of human 219 | |
| 283 | + | relationships, and (B) to foster through education and community effort 220 | |
| 284 | + | or otherwise good will among the groups and elements of the 221 | |
| 285 | + | population of the state; 222 Substitute Bill No. 5 | |
| 349 | 286 | ||
| 350 | - | post in a prominent and accessible location information concerning the | |
| 351 | - | illegality of sexual harassment and remedies available to victims of | |
| 352 | - | sexual harassment; [,] (B) provide, not later than three months after the | |
| 353 | - | employee's start date with the employer, a copy of the information | |
| 354 | - | concerning the illegality of sexual harassment and remedies available to | |
| 355 | - | victims of sexual harassment to each employee by electronic mail with | |
| 356 | - | a subject line that includes the words "Sexual Harassment Policy" or | |
| 357 | - | words of similar import, if (i) the employer has provided an electronic | |
| 358 | - | mail account to the employee, or (ii) the employee has provided the | |
| 359 | - | employer with an electronic mail address, provided if an employer has | |
| 360 | - | not provided an electronic mail account to the employee, the employer | |
| 361 | - | shall post the information concerning the illegality of sexual harassment | |
| 362 | - | and remedies available to victims of sexual harassment on the | |
| 363 | - | employer's Internet web site, if the employer maintains such an Internet | |
| 364 | - | web site. An employer may comply with the requirements of this | |
| 365 | - | subparagraph, by providing an employee with the link to the | |
| 366 | - | commission's Internet web site concerning the illegality of sexual | |
| 367 | - | harassment and the remedies available to victims of sexual harassment | |
| 368 | - | by electronic mail, text message or in writing; and (C) provide two hours | |
| 369 | - | of training and education to employees within one year of October 1, | |
| 370 | - | 2019, provided any employer who has provided such training and | |
| 371 | - | education to any such employees after October 1, 2018, shall not be | |
| 372 | - | required to provide such training and education a second time. An | |
| 373 | - | employer having (i) three or more employees, shall provide such | |
| 374 | - | training and education to an employee hired on or after October 1, 2019, | |
| 375 | - | not later than six months after the date of his or her hire, provided the | |
| 376 | - | commission has developed and made available such training and | |
| 377 | - | education materials in accordance with the provisions of subdivision (8) | |
| 378 | - | of subsection (a) of section 46a-56, as amended by this act; or (ii) less | |
| 379 | - | than three employees shall provide such training and education to all | |
| 380 | - | supervisory employees within one year of October 1, 2019, and to all | |
| 381 | - | new supervisory employees within six months of their assumption of a | |
| 382 | - | supervisory position, provided any employer who has provided such Substitute Senate Bill No. 5 | |
| 383 | 287 | ||
| 384 | - | Public Act No. 22-82 13 of 34 | |
| 288 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 289 | + | R03-SB.docx } | |
| 290 | + | 9 of 33 | |
| 385 | 291 | ||
| 386 | - | training and education to any such supervisory employees after October | |
| 387 | - | 1, 2018, shall not be required to provide such training and education a | |
| 388 | - | second time. Any supervisory employee hired on or after October 1, | |
| 389 | - | 2019, by an employer having less than three employees, shall receive | |
| 390 | - | such training and education not later than six months after the date of | |
| 391 | - | his or her hire, provided the commission has developed and made | |
| 392 | - | available such training and education materials in accordance with the | |
| 393 | - | provisions of subdivision (8) of subsection (a) of section 46a-56, as | |
| 394 | - | amended by this act. Such training and education shall include | |
| 395 | - | information concerning the federal and state statutory provisions | |
| 396 | - | concerning sexual harassment and remedies available to victims of | |
| 397 | - | sexual harassment. If an employee has received in-person training | |
| 398 | - | provided by the commission or has taken the no cost online training | |
| 399 | - | provided by the commission on its Internet web site in accordance with | |
| 400 | - | the provisions of subdivision (8) of subsection (a) of section 46a-56, as | |
| 401 | - | amended by this act, while employed by a different employer within the | |
| 402 | - | two years preceding the date of hire, an employer may consider such | |
| 403 | - | prior training to satisfy the training requirements of this section. An | |
| 404 | - | employer who is required to provide training under this subdivision | |
| 405 | - | shall provide periodic supplemental training that updates all | |
| 406 | - | supervisory and nonsupervisory employees on the content of such | |
| 407 | - | training and education not less than every ten years. As used in this | |
| 408 | - | subdivision, "sexual harassment" has the same meaning as provided in | |
| 409 | - | subdivision (8) of subsection (b) of section 46a-60, as amended by this | |
| 410 | - | act, and "employer" includes the General Assembly and "employee" | |
| 411 | - | means any individual employed by an employer , including an | |
| 412 | - | individual employed by such individual's parent, spouse or child; | |
| 413 | - | (16) To require each state agency that employs one or more | |
| 414 | - | employees to (A) provide a minimum of three hours of diversity | |
| 415 | - | training and education (i) to all supervisory and nonsupervisory | |
| 416 | - | employees, not later than July 1, 2002, with priority for such training to | |
| 417 | - | supervisory employees, and (ii) to all newly hired supervisory and Substitute Senate Bill No. 5 | |
| 292 | + | (13) To require the posting by an employer, employment agency or 223 | |
| 293 | + | labor organization of such notices regarding statutory provisions as the 224 | |
| 294 | + | commission shall provide; 225 | |
| 295 | + | (14) To require the posting, by any respondent or other person subject 226 | |
| 296 | + | to the requirements of section 46a-64, as amended by this act, 46a-64c, 227 | |
| 297 | + | as amended by this act, 46a-81d or 46a-81e, of such notices of statutory 228 | |
| 298 | + | provisions as it deems desirable; 229 | |
| 299 | + | (15) To require an employer having three or more employees to (A) 230 | |
| 300 | + | post in a prominent and accessible location information concerning the 231 | |
| 301 | + | illegality of sexual harassment and remedies available to victims of 232 | |
| 302 | + | sexual harassment; [,] (B) provide, not later than three months after the 233 | |
| 303 | + | employee's start date with the employer, a copy of the information 234 | |
| 304 | + | concerning the illegality of sexual harassment and remedies available to 235 | |
| 305 | + | victims of sexual harassment to each employee by electronic mail with 236 | |
| 306 | + | a subject line that includes the words "Sexual Harassment Policy" or 237 | |
| 307 | + | words of similar import, if (i) the employer has provided an electronic 238 | |
| 308 | + | mail account to the employee, or (ii) the employee has provided the 239 | |
| 309 | + | employer with an electronic mail address, provided if an employer has 240 | |
| 310 | + | not provided an electronic mail account to the employee, the employer 241 | |
| 311 | + | shall post the information concerning the illegality of sexual harassment 242 | |
| 312 | + | and remedies available to victims of sexual harassment on the 243 | |
| 313 | + | employer's Internet web site, if the employer maintains such an Internet 244 | |
| 314 | + | web site. An employer may comply with the requirements of this 245 | |
| 315 | + | subparagraph, by providing an employee with the link to the 246 | |
| 316 | + | commission's Internet web site concerning the illegality of sexual 247 | |
| 317 | + | harassment and the remedies available to victims of sexual harassment 248 | |
| 318 | + | by electronic mail, text message or in writing; and (C) provide two hours 249 | |
| 319 | + | of training and education to employees within one year of October 1, 250 | |
| 320 | + | 2019, provided any employer who has provided such training and 251 | |
| 321 | + | education to any such employees after October 1, 2018, shall not be 252 | |
| 322 | + | required to provide such training and education a second time. An 253 | |
| 323 | + | employer having (i) three or more employees, shall provide such 254 | |
| 324 | + | training and education to an employee hired on or after October 1, 2019, 255 Substitute Bill No. 5 | |
| 418 | 325 | ||
| 419 | - | Public Act No. 22-82 14 of 34 | |
| 420 | 326 | ||
| 421 | - | nonsupervisory employees, not later than six months after their | |
| 422 | - | assumption of a position with a state agency, with priority for such | |
| 423 | - | training to supervisory employees. Such training and education shall | |
| 424 | - | include information concerning the federal and state statutory | |
| 425 | - | provisions concerning discrimination and hate crimes directed at | |
| 426 | - | protected classes and remedies available to victims of discrimination | |
| 427 | - | and hate crimes, standards for working with and serving persons from | |
| 428 | - | diverse populations and strategies for addressing differences that may | |
| 429 | - | arise from diverse work environments; and (B) submit an annual report | |
| 430 | - | to the Commission on Human Rights and Opportunities concerning the | |
| 431 | - | status of the diversity training and education required under | |
| 432 | - | subparagraph (A) of this subdivision. The information in such annual | |
| 433 | - | reports shall be reviewed by the commission for the purpose of | |
| 434 | - | submitting an annual summary report to the General Assembly. | |
| 435 | - | Notwithstanding the provisions of this section, if a state agency has | |
| 436 | - | provided such diversity training and education to any of its employees | |
| 437 | - | prior to October 1, 1999, such state agency shall not be required to | |
| 438 | - | provide such training and education a second time to such employees. | |
| 439 | - | The requirements of this subdivision shall be accomplished within | |
| 440 | - | available appropriations. As used in this subdivision, "employee" | |
| 441 | - | includes any part-time employee who works more than twenty hours | |
| 442 | - | per week; | |
| 443 | - | (17) To require each agency to submit information demonstrating its | |
| 444 | - | compliance with subdivision (16) of this section as part of its affirmative | |
| 445 | - | action plan and to receive and investigate complaints concerning the | |
| 446 | - | failure of a state agency to comply with the requirements of subdivision | |
| 447 | - | (16) of this section; [and] | |
| 448 | - | (18) To enter into contracts for and accept grants of private or federal | |
| 449 | - | funds and to accept gifts, donations or bequests, including donations of | |
| 450 | - | service by attorneys; [.] | |
| 451 | - | (19) To require each state agency to provide a minimum of one hour Substitute Senate Bill No. 5 | |
| 327 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 328 | + | R03-SB.docx } | |
| 329 | + | 10 of 33 | |
| 452 | 330 | ||
| 453 | - | Public Act No. 22-82 15 of 34 | |
| 331 | + | not later than six months after the date of his or her hire, provided the 256 | |
| 332 | + | commission has developed and made available such training and 257 | |
| 333 | + | education materials in accordance with the provisions of subdivision (8) 258 | |
| 334 | + | of subsection (a) of section 46a-56, as amended by this act; or (ii) less 259 | |
| 335 | + | than three employees shall provide such training and education to all 260 | |
| 336 | + | supervisory employees within one year of October 1, 2019, and to all 261 | |
| 337 | + | new supervisory employees within six months of their assumption of a 262 | |
| 338 | + | supervisory position, provided any employer who has provided such 263 | |
| 339 | + | training and education to any such supervisory employees after October 264 | |
| 340 | + | 1, 2018, shall not be required to provide such training and education a 265 | |
| 341 | + | second time. Any supervisory employee hired on or after October 1, 266 | |
| 342 | + | 2019, by an employer having less than three employees, shall receive 267 | |
| 343 | + | such training and education not later than six months after the date of 268 | |
| 344 | + | his or her hire, provided the commission has developed and made 269 | |
| 345 | + | available such training and education materials in accordance with the 270 | |
| 346 | + | provisions of subdivision (8) of subsection (a) of section 46a-56, as 271 | |
| 347 | + | amended by this act. Such training and education shall include 272 | |
| 348 | + | information concerning the federal and state statutory provisions 273 | |
| 349 | + | concerning sexual harassment and remedies available to victims of 274 | |
| 350 | + | sexual harassment. If an employee has received in-person training 275 | |
| 351 | + | provided by the commission or has taken the no cost online training 276 | |
| 352 | + | provided by the commission on its Internet web site in accordance with 277 | |
| 353 | + | the provisions of subdivision (8) of subsection (a) of section 46a-56, as 278 | |
| 354 | + | amended by this act, while employed by a different employer within the 279 | |
| 355 | + | two years preceding the date of hire, an employer may consider such 280 | |
| 356 | + | prior training to satisfy the training requirements of this section. An 281 | |
| 357 | + | employer who is required to provide training under this subdivision 282 | |
| 358 | + | shall provide periodic supplemental training that updates all 283 | |
| 359 | + | supervisory and nonsupervisory employees on the content of such 284 | |
| 360 | + | training and education not less than every ten years. As used in this 285 | |
| 361 | + | subdivision, "sexual harassment" has the same meaning as provided in 286 | |
| 362 | + | subdivision (8) of subsection (b) of section 46a-60, as amended by this 287 | |
| 363 | + | act, and "employer" includes the General Assembly and "employee" 288 | |
| 364 | + | means any individual employed by an employer, i ncluding an 289 | |
| 365 | + | individual employed by such individual's parent, spouse or child; 290 Substitute Bill No. 5 | |
| 454 | 366 | ||
| 455 | - | of training and education related to domestic violence and the resources | |
| 456 | - | available to victims of domestic violence (A) to all employees hired prior | |
| 457 | - | to January 1, 2023, not later than July 1, 2023, and (B) to all employees | |
| 458 | - | hired on or after January 1, 2023, not later than six months after their | |
| 459 | - | assumption of a position with a state agency. Such training and | |
| 460 | - | education shall include information concerning (i) domestic violence, | |
| 461 | - | abuser and victim behaviors; (ii) how domestic violence may impact the | |
| 462 | - | workplace; and (iii) the resources available to victims of domestic | |
| 463 | - | violence. The requirements of this subdivision shall be accomplished | |
| 464 | - | within available appropriations using the training and education | |
| 465 | - | materials made available by the commission in accordance with the | |
| 466 | - | provisions of subdivision (10) of subsection (a) of section 46a-56, as | |
| 467 | - | amended by this act; and | |
| 468 | - | (20) To require an employer having three or more employees to post | |
| 469 | - | in a prominent and accessible location information concerning domestic | |
| 470 | - | violence and the resources available to victims of domestic violence in | |
| 471 | - | Connecticut. | |
| 472 | - | Sec. 9. Subsection (a) of section 46a-56 of the general statutes is | |
| 473 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 474 | - | 1, 2022): | |
| 475 | - | (a) The commission shall: | |
| 476 | - | (1) Investigate the possibilities of affording equal opportunity of | |
| 477 | - | profitable employment to all persons, with particular reference to job | |
| 478 | - | training and placement; | |
| 479 | - | (2) Compile facts concerning discrimination in employment, | |
| 480 | - | violations of civil liberties and other related matters; | |
| 481 | - | (3) Investigate and proceed in all cases of discriminatory practices as | |
| 482 | - | provided in this chapter and noncompliance with the provisions of | |
| 483 | - | section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive; Substitute Senate Bill No. 5 | |
| 484 | 367 | ||
| 485 | - | Public Act No. 22-82 16 of 34 | |
| 368 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 369 | + | R03-SB.docx } | |
| 370 | + | 11 of 33 | |
| 486 | 371 | ||
| 487 | - | (4) From time to time, but not less than once a year, report to the | |
| 488 | - | Governor as provided in section 4-60, making recommendations for the | |
| 489 | - | removal of such injustices as it may find to exist and such other | |
| 490 | - | recommendations as it deems advisable and describing the | |
| 491 | - | investigations, proceedings and hearings it has conducted and their | |
| 492 | - | outcome, the decisions it has rendered and the other work it has | |
| 493 | - | performed; | |
| 494 | - | (5) Monitor state contracts to determine whether they are in | |
| 495 | - | compliance with sections 4a-60 and 4a-60a, and those provisions of the | |
| 496 | - | general statutes which prohibit discrimination; | |
| 497 | - | (6) Compile data concerning state contracts with female and minority | |
| 498 | - | business enterprises and submit a report annually to the General | |
| 499 | - | Assembly concerning the employment of such business enterprises as | |
| 500 | - | contractors and subcontractors; | |
| 501 | - | (7) Develop and include on the commission's Internet web site a link | |
| 502 | - | concerning the illegality of sexual harassment, as defined in section 46a- | |
| 503 | - | 60, as amended by this act, and the remedies available to victims of | |
| 504 | - | sexual harassment; [and] | |
| 505 | - | (8) Develop and make available at no cost to employers an online | |
| 506 | - | training and education video or other interactive method of training and | |
| 507 | - | education that fulfills the requirements prescribed in subdivision (15) of | |
| 508 | - | section 46a-54, [.] as amended by this act; | |
| 509 | - | (9) Develop, in conjunction with organizations that advocate on | |
| 510 | - | behalf of victims of domestic violence, and include on the commission's | |
| 511 | - | Internet web site a link concerning domestic violence and the resources | |
| 512 | - | available to victims of domestic violence; and | |
| 513 | - | (10) Develop, in conjunction with organizations that advocate on | |
| 514 | - | behalf of victims of domestic violence, and make available at no cost to | |
| 515 | - | each state agency an online training and education video or other Substitute Senate Bill No. 5 | |
| 372 | + | (16) To require each state agency that employs one or more 291 | |
| 373 | + | employees to (A) provide a minimum of three hours of diversity 292 | |
| 374 | + | training and education (i) to all supervisory and nonsupervisory 293 | |
| 375 | + | employees, not later than July 1, 2002, with priority for such training to 294 | |
| 376 | + | supervisory employees, and (ii) to all newly hired supervisory and 295 | |
| 377 | + | nonsupervisory employees, not later than six months after their 296 | |
| 378 | + | assumption of a position with a state agency, with priority for such 297 | |
| 379 | + | training to supervisory employees. Such training and education shall 298 | |
| 380 | + | include information concerning the federal and state statutory 299 | |
| 381 | + | provisions concerning discrimination and hate crimes directed at 300 | |
| 382 | + | protected classes and remedies available to victims of discrimination 301 | |
| 383 | + | and hate crimes, standards for working with and serving persons from 302 | |
| 384 | + | diverse populations and strategies for addressing differences that may 303 | |
| 385 | + | arise from diverse work environments; and (B) submit an annual report 304 | |
| 386 | + | to the Commission on Human Rights and Opportunities concerning the 305 | |
| 387 | + | status of the diversity training and education required under 306 | |
| 388 | + | subparagraph (A) of this subdivision. The information in such annual 307 | |
| 389 | + | reports shall be reviewed by the commission for the purpose of 308 | |
| 390 | + | submitting an annual summary report to the General Assembly. 309 | |
| 391 | + | Notwithstanding the provisions of this section, if a state agency has 310 | |
| 392 | + | provided such diversity training and education to any of its employees 311 | |
| 393 | + | prior to October 1, 1999, such state agency shall not be required to 312 | |
| 394 | + | provide such training and education a second time to such employees. 313 | |
| 395 | + | The requirements of this subdivision shall be accomplished within 314 | |
| 396 | + | available appropriations. As used in this subdivision, "employee" 315 | |
| 397 | + | includes any part-time employee who works more than twenty hours 316 | |
| 398 | + | per week; 317 | |
| 399 | + | (17) To require each agency to submit information demonstrating its 318 | |
| 400 | + | compliance with subdivision (16) of this section as part of its affirmative 319 | |
| 401 | + | action plan and to receive and investigate complaints concerning the 320 | |
| 402 | + | failure of a state agency to comply with the requirements of subdivision 321 | |
| 403 | + | (16) of this section; [and] 322 | |
| 404 | + | (18) To enter into contracts for and accept grants of private or federal 323 Substitute Bill No. 5 | |
| 516 | 405 | ||
| 517 | - | Public Act No. 22-82 17 of 34 | |
| 518 | 406 | ||
| 519 | - | interactive method of training and education that fulfills the | |
| 520 | - | requirements prescribed in subdivision (19) of section 46a-54, as | |
| 521 | - | amended by this act. | |
| 522 | - | Sec. 10. Section 46a-60 of the 2022 supplement to the general statutes | |
| 523 | - | is repealed and the following is substituted in lieu thereof (Effective | |
| 524 | - | October 1, 2022): | |
| 525 | - | (a) As used in this section: | |
| 526 | - | (1) "Pregnancy" means pregnancy, childbirth or a related condition, | |
| 527 | - | including, but not limited to, lactation; | |
| 528 | - | (2) "Reasonable accommodation" means, but is not limited to, being | |
| 529 | - | permitted to sit while working, more frequent or longer breaks, periodic | |
| 530 | - | rest, assistance with manual labor, job restructuring, light duty | |
| 531 | - | assignments, modified work schedules, temporary transfers to less | |
| 532 | - | strenuous or hazardous work, time off to recover from childbirth or | |
| 533 | - | break time and appropriate facilities for expressing breast milk; and | |
| 534 | - | (3) "Undue hardship" means an action requiring significant difficulty | |
| 535 | - | or expense when considered in light of factors such as (A) the nature | |
| 536 | - | and cost of the accommodation; (B) the overall financial resources of the | |
| 537 | - | employer; (C) the overall size of the business of the employer with | |
| 538 | - | respect to the number of employees, and the number, type and location | |
| 539 | - | of its facilities; and (D) the effect on expenses and resources or the | |
| 540 | - | impact otherwise of such accommodation upon the operation of the | |
| 541 | - | employer. | |
| 542 | - | (b) It shall be a discriminatory practice in violation of this section: | |
| 543 | - | (1) For an employer, by the employer or the employer's agent, except | |
| 544 | - | in the case of a bona fide occupational qualification or need, to refuse to | |
| 545 | - | hire or employ or to bar or to discharge from employment any | |
| 546 | - | individual or to discriminate against any individual in compensation or Substitute Senate Bill No. 5 | |
| 407 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 408 | + | R03-SB.docx } | |
| 409 | + | 12 of 33 | |
| 547 | 410 | ||
| 548 | - | Public Act No. 22-82 18 of 34 | |
| 411 | + | funds and to accept gifts, donations or bequests, including donations of 324 | |
| 412 | + | service by attorneys; [.] 325 | |
| 413 | + | (19) To require each state agency that employs one or more 326 | |
| 414 | + | employees to provide a minimum of one hour of training and education 327 | |
| 415 | + | related to domestic violence and the resources available to victims of 328 | |
| 416 | + | domestic violence (A) to all employees hired prior to January 1, 2023, 329 | |
| 417 | + | not later than July 1, 2023, and (B) to all employees hired on or after 330 | |
| 418 | + | January 1, 2023, not later than six months after their assumption of a 331 | |
| 419 | + | position with a state agency. Such training and education shall include 332 | |
| 420 | + | information concerning (i) domestic violence, abuser and victim 333 | |
| 421 | + | behaviors; (ii) how domestic violence may impact the workplace; and 334 | |
| 422 | + | (iii) the resources available to victims of domestic violence. The 335 | |
| 423 | + | requirements of this subdivision shall be accomplished within available 336 | |
| 424 | + | appropriations using the training and education materials made 337 | |
| 425 | + | available by the commission in accordance with the provisions of 338 | |
| 426 | + | subdivision (10) of subsection (a) of section 46a-56, as amended by this 339 | |
| 427 | + | act; and 340 | |
| 428 | + | (20) To require an employer having three or more employees to post 341 | |
| 429 | + | in a prominent and accessible location information concerning domestic 342 | |
| 430 | + | violence and the resources available to victims of domestic violence in 343 | |
| 431 | + | Connecticut. 344 | |
| 432 | + | Sec. 9. Subsection (a) of section 46a-56 of the general statutes is 345 | |
| 433 | + | repealed and the following is substituted in lieu thereof (Effective October 346 | |
| 434 | + | 1, 2022): 347 | |
| 435 | + | (a) The commission shall: 348 | |
| 436 | + | (1) Investigate the possibilities of affording equal opportunity of 349 | |
| 437 | + | profitable employment to all persons, with particular reference to job 350 | |
| 438 | + | training and placement; 351 | |
| 439 | + | (2) Compile facts concerning discrimination in employment, 352 | |
| 440 | + | violations of civil liberties and other related matters; 353 Substitute Bill No. 5 | |
| 549 | 441 | ||
| 550 | - | in terms, conditions or privileges of employment because of the | |
| 551 | - | individual's race, color, religious creed, age, sex, gender identity or | |
| 552 | - | expression, marital status, national origin, ancestry, present or past | |
| 553 | - | history of mental disability, intellectual disability, learning disability, | |
| 554 | - | physical disability, including, but not limited to, blindness, [or] status | |
| 555 | - | as a veteran or status as a victim of domestic violence; | |
| 556 | - | (2) For any employment agency, except in the case of a bona fide | |
| 557 | - | occupational qualification or need, to fail or refuse to classify properly | |
| 558 | - | or refer for employment or otherwise to discriminate against any | |
| 559 | - | individual because of such individual's race, color, religious creed, age, | |
| 560 | - | sex, gender identity or expression, marital status, national origin, | |
| 561 | - | ancestry, present or past history of mental disability, intellectual | |
| 562 | - | disability, learning disability, physical disability, including, but not | |
| 563 | - | limited to, blindness, [or] status as a veteran or status as a victim of | |
| 564 | - | domestic violence; | |
| 565 | - | (3) For a labor organization, because of the race, color, religious creed, | |
| 566 | - | age, sex, gender identity or expression, marital status, national origin, | |
| 567 | - | ancestry, present or past history of mental disability, intellectual | |
| 568 | - | disability, learning disability, physical disability, including, but not | |
| 569 | - | limited to, blindness, [or] status as a veteran or status as a victim of | |
| 570 | - | domestic violence of any individual to exclude from full membership | |
| 571 | - | rights or to expel from its membership such individual or to | |
| 572 | - | discriminate in any way against any of its members or against any | |
| 573 | - | employer or any individual employed by an employer, unless such | |
| 574 | - | action is based on a bona fide occupational qualification; | |
| 575 | - | (4) For any person, employer, labor organization or employment | |
| 576 | - | agency to discharge, expel or otherwise discriminate against any person | |
| 577 | - | because such person has opposed any discriminatory employment | |
| 578 | - | practice or because such person has filed a complaint or testified or | |
| 579 | - | assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; Substitute Senate Bill No. 5 | |
| 580 | 442 | ||
| 581 | - | Public Act No. 22-82 19 of 34 | |
| 443 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 444 | + | R03-SB.docx } | |
| 445 | + | 13 of 33 | |
| 582 | 446 | ||
| 583 | - | (5) For any person, whether an employer or an employee or not, to | |
| 584 | - | aid, abet, incite, compel or coerce the doing of any act declared to be a | |
| 585 | - | discriminatory employment practice or to attempt to do so; | |
| 586 | - | (6) For any person, employer, employment agency or labor | |
| 587 | - | organization, except in the case of a bona fide occupational qualification | |
| 588 | - | or need, to advertise employment opportunities in such a manner as to | |
| 589 | - | restrict such employment so as to discriminate against individuals | |
| 590 | - | because of their race, color, religious creed, age, sex, gender identity or | |
| 591 | - | expression, marital status, national origin, ancestry, present or past | |
| 592 | - | history of mental disability, intellectual disability, learning disability, | |
| 593 | - | physical disability, including, but not limited to, blindness, [or] status | |
| 594 | - | as a veteran or status as a victim of domestic violence; | |
| 595 | - | (7) For an employer, by the employer or the employer's agent: (A) To | |
| 596 | - | terminate a woman's employment because of her pregnancy; (B) to | |
| 597 | - | refuse to grant to that employee a reasonable leave of absence for | |
| 598 | - | disability resulting from her pregnancy; (C) to deny to that employee, | |
| 599 | - | who is disabled as a result of pregnancy, any compensation to which | |
| 600 | - | she is entitled as a result of the accumulation of disability or leave | |
| 601 | - | benefits accrued pursuant to plans maintained by the employer; (D) to | |
| 602 | - | fail or refuse to reinstate the employee to her original job or to an | |
| 603 | - | equivalent position with equivalent pay and accumulated seniority, | |
| 604 | - | retirement, fringe benefits and other service credits upon her signifying | |
| 605 | - | her intent to return unless, in the case of a private employer, the | |
| 606 | - | employer's circumstances have so changed as to make it impossible or | |
| 607 | - | unreasonable to do so; (E) to limit, segregate or classify the employee in | |
| 608 | - | a way that would deprive her of employment opportunities due to her | |
| 609 | - | pregnancy; (F) to discriminate against an employee or person seeking | |
| 610 | - | employment on the basis of her pregnancy in the terms or conditions of | |
| 611 | - | her employment; (G) to fail or refuse to make a reasonable | |
| 612 | - | accommodation for an employee or person seeking employment due to | |
| 613 | - | her pregnancy, unless the employer can demonstrate that such Substitute Senate Bill No. 5 | |
| 447 | + | (3) Investigate and proceed in all cases of discriminatory practices as 354 | |
| 448 | + | provided in this chapter and noncompliance with the provisions of 355 | |
| 449 | + | section 4a-60, as amended by this act, or 4a-60a or sections 46a-68c to 356 | |
| 450 | + | 46a-68f, inclusive; 357 | |
| 451 | + | (4) From time to time, but not less than once a year, report to the 358 | |
| 452 | + | Governor as provided in section 4-60, making recommendations for the 359 | |
| 453 | + | removal of such injustices as it may find to exist and such other 360 | |
| 454 | + | recommendations as it deems advisable and describing the 361 | |
| 455 | + | investigations, proceedings and hearings it has conducted and their 362 | |
| 456 | + | outcome, the decisions it has rendered and the other work it has 363 | |
| 457 | + | performed; 364 | |
| 458 | + | (5) Monitor state contracts to determine whether they are in 365 | |
| 459 | + | compliance with sections 4a-60, as amended by this act, and 4a-60a, and 366 | |
| 460 | + | those provisions of the general statutes which prohibit discrimination; 367 | |
| 461 | + | (6) Compile data concerning state contracts with female and minority 368 | |
| 462 | + | business enterprises and submit a report annually to the General 369 | |
| 463 | + | Assembly concerning the employment of such business enterprises as 370 | |
| 464 | + | contractors and subcontractors; 371 | |
| 465 | + | (7) Develop and include on the commission's Internet web site a link 372 | |
| 466 | + | concerning the illegality of sexual harassment, as defined in section 46a-373 | |
| 467 | + | 60, as amended by this act, and the remedies available to victims of 374 | |
| 468 | + | sexual harassment; [and] 375 | |
| 469 | + | (8) Develop and make available at no cost to employers an online 376 | |
| 470 | + | training and education video or other interactive method of training and 377 | |
| 471 | + | education that fulfills the requirements prescribed in subdivision (15) of 378 | |
| 472 | + | section 46a-54, [.] as amended by this act; 379 | |
| 473 | + | (9) Develop, in conjunction with organizations that advocate on 380 | |
| 474 | + | behalf of victims of domestic violence, and include on the commission's 381 | |
| 475 | + | Internet web site a link concerning domestic violence and the resources 382 | |
| 476 | + | available to victims of domestic violence; and 383 Substitute Bill No. 5 | |
| 614 | 477 | ||
| 615 | - | Public Act No. 22-82 20 of 34 | |
| 616 | 478 | ||
| 617 | - | accommodation would impose an undue hardship on such employer; | |
| 618 | - | (H) to deny employment opportunities to an employee or person | |
| 619 | - | seeking employment if such denial is due to the employee's request for | |
| 620 | - | a reasonable accommodation due to her pregnancy; (I) to force an | |
| 621 | - | employee or person seeking employment affected by pregnancy to | |
| 622 | - | accept a reasonable accommodation if such employee or person seeking | |
| 623 | - | employment (i) does not have a known limitation related to her | |
| 624 | - | pregnancy, or (ii) does not require a reasonable accommodation to | |
| 625 | - | perform the essential duties related to her employment; (J) to require an | |
| 626 | - | employee to take a leave of absence if a reasonable accommodation can | |
| 627 | - | be provided in lieu of such leave; and (K) to retaliate against an | |
| 628 | - | employee in the terms, conditions or privileges of her employment | |
| 629 | - | based upon such employee's request for a reasonable accommodation; | |
| 630 | - | (8) For an employer, by the employer or the employer's agent, for an | |
| 631 | - | employment agency, by itself or its agent, or for any labor organization, | |
| 632 | - | by itself or its agent, to harass any employee, person seeking | |
| 633 | - | employment or member on the basis of sex or gender identity or | |
| 634 | - | expression. If an employer takes immediate corrective action in | |
| 635 | - | response to an employee's claim of sexual harassment, such corrective | |
| 636 | - | action shall not modify the conditions of employment of the employee | |
| 637 | - | making the claim of sexual harassment unless such employee agrees, in | |
| 638 | - | writing, to any modification in the conditions of employment. | |
| 639 | - | "Corrective action" taken by an employer, includes, but is not limited to, | |
| 640 | - | employee relocation, assigning an employee to a different work | |
| 641 | - | schedule or other substantive changes to an employee's terms and | |
| 642 | - | conditions of employment. Notwithstanding an employer's failure to | |
| 643 | - | obtain a written agreement from an employee concerning a modification | |
| 644 | - | in the conditions of employment, the commission may find that | |
| 645 | - | corrective action taken by an employer was reasonable and not of | |
| 646 | - | detriment to the complainant based on the evidence presented to the | |
| 647 | - | commission by the complainant and respondent. As used in this | |
| 648 | - | subdivision, "sexual harassment" means any unwelcome sexual Substitute Senate Bill No. 5 | |
| 479 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 480 | + | R03-SB.docx } | |
| 481 | + | 14 of 33 | |
| 649 | 482 | ||
| 650 | - | Public Act No. 22-82 21 of 34 | |
| 483 | + | (10) Develop, in conjunction with organizations that advocate on 384 | |
| 484 | + | behalf of victims of domestic violence, and make available at no cost to 385 | |
| 485 | + | each state agency an online training and education video or other 386 | |
| 486 | + | interactive method of training and education that fulfills the 387 | |
| 487 | + | requirements prescribed in subdivision (19) of section 46a-54, as 388 | |
| 488 | + | amended by this act. 389 | |
| 489 | + | Sec. 10. Section 46a-60 of the 2022 supplement to the general statutes 390 | |
| 490 | + | is repealed and the following is substituted in lieu thereof (Effective 391 | |
| 491 | + | October 1, 2022): 392 | |
| 492 | + | (a) As used in this section: 393 | |
| 493 | + | (1) "Employee" means an employee, as defined in section 46a-51, as 394 | |
| 494 | + | amended by this act, and includes any elected or appointed official of a 395 | |
| 495 | + | municipality, board, commission, counsel or other governmental body; 396 | |
| 496 | + | (2) "Family violence" has the same meaning as provided in section 397 | |
| 497 | + | 46b-38a; 398 | |
| 498 | + | [(1)] (3) "Pregnancy" means pregnancy, childbirth or a related 399 | |
| 499 | + | condition, including, but not limited to, lactation; 400 | |
| 500 | + | [(2)] (4) "Reasonable accommodation" means, but is not limited to, 401 | |
| 501 | + | being permitted to sit while working, more frequent or longer breaks, 402 | |
| 502 | + | periodic rest, assistance with manual labor, job restructuring, light duty 403 | |
| 503 | + | assignments, modified work schedules, temporary transfers to less 404 | |
| 504 | + | strenuous or hazardous work, time off to recover from childbirth or 405 | |
| 505 | + | break time and appropriate facilities for expressing breast milk; and 406 | |
| 506 | + | [(3)] (5) "Undue hardship" means an action requiring significant 407 | |
| 507 | + | difficulty or expense when considered in light of factors such as (A) the 408 | |
| 508 | + | nature and cost of the accommodation; (B) the overall financial 409 | |
| 509 | + | resources of the employer; (C) the overall size of the business of the 410 | |
| 510 | + | employer with respect to the number of employees, and the number, 411 | |
| 511 | + | type and location of its facilities; and (D) the effect on expenses and 412 | |
| 512 | + | resources or the impact otherwise of such accommodation upon the 413 Substitute Bill No. 5 | |
| 651 | 513 | ||
| 652 | - | advances or requests for sexual favors or any conduct of a sexual nature | |
| 653 | - | when (A) submission to such conduct is made either explicitly or | |
| 654 | - | implicitly a term or condition of an individual's employment, (B) | |
| 655 | - | submission to or rejection of such conduct by an individual is used as | |
| 656 | - | the basis for employment decisions affecting such individual, or (C) | |
| 657 | - | such conduct has the purpose or effect of substantially interfering with | |
| 658 | - | an individual's work performance or creating an intimidating, hostile or | |
| 659 | - | offensive working environment; | |
| 660 | - | (9) For an employer, by the employer or the employer's agent, for an | |
| 661 | - | employment agency, by itself or its agent, or for any labor organization, | |
| 662 | - | by itself or its agent, to request or require information from an | |
| 663 | - | employee, person seeking employment or member relating to the | |
| 664 | - | individual's child-bearing age or plans, pregnancy, function of the | |
| 665 | - | individual's reproductive system, use of birth control methods, or the | |
| 666 | - | individual's familial responsibilities, unless such information is directly | |
| 667 | - | related to a bona fide occupational qualification or need, provided an | |
| 668 | - | employer, through a physician may request from an employee any such | |
| 669 | - | information which is directly related to workplace exposure to | |
| 670 | - | substances which may cause birth defects or constitute a hazard to an | |
| 671 | - | individual's reproductive system or to a fetus if the employer first | |
| 672 | - | informs the employee of the hazards involved in exposure to such | |
| 673 | - | substances; | |
| 674 | - | (10) For an employer, by the employer or the employer's agent, after | |
| 675 | - | informing an employee, pursuant to subdivision (9) of this subsection, | |
| 676 | - | of a workplace exposure to substances which may cause birth defects or | |
| 677 | - | constitute a hazard to an employee's reproductive system or to a fetus, | |
| 678 | - | to fail or refuse, upon the employee's request, to take reasonable | |
| 679 | - | measures to protect the employee from the exposure or hazard | |
| 680 | - | identified, or to fail or refuse to inform the employee that the measures | |
| 681 | - | taken may be the subject of a complaint filed under the provisions of | |
| 682 | - | this chapter. Nothing in this subdivision is intended to prohibit an Substitute Senate Bill No. 5 | |
| 683 | 514 | ||
| 684 | - | Public Act No. 22-82 22 of 34 | |
| 515 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 516 | + | R03-SB.docx } | |
| 517 | + | 15 of 33 | |
| 685 | 518 | ||
| 686 | - | employer | |
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| 519 | + | operation of the employer. 414 | |
| 520 | + | (b) It shall be a discriminatory practice in violation of this section: 415 | |
| 521 | + | (1) For an employer, by the employer or the employer's agent, except 416 | |
| 522 | + | in the case of a bona fide occupational qualification or need, to refuse to 417 | |
| 523 | + | hire or employ or to bar or to discharge from employment any 418 | |
| 524 | + | individual or to discriminate against any individual in compensation or 419 | |
| 525 | + | in terms, conditions or privileges of employment because of the 420 | |
| 526 | + | individual's race, color, religious creed, age, sex, gender identity or 421 | |
| 527 | + | expression, marital status, national origin, ancestry, present or past 422 | |
| 528 | + | history of mental disability, intellectual disability, learning disability, 423 | |
| 529 | + | physical disability, including, but not limited to, blindness, [or] status 424 | |
| 530 | + | as a veteran or status as a victim of family violence; 425 | |
| 531 | + | (2) For any employment agency, except in the case of a bona fide 426 | |
| 532 | + | occupational qualification or need, to fail or refuse to classify properly 427 | |
| 533 | + | or refer for employment or otherwise to discriminate against any 428 | |
| 534 | + | individual because of such individual's race, color, religious creed, age, 429 | |
| 535 | + | sex, gender identity or expression, marital status, national origin, 430 | |
| 536 | + | ancestry, present or past history of mental disability, intellectual 431 | |
| 537 | + | disability, learning disability, physical disability, including, but not 432 | |
| 538 | + | limited to, blindness, [or] status as a veteran or status as a victim of 433 | |
| 539 | + | family violence; 434 | |
| 540 | + | (3) For a labor organization, because of the race, color, religious creed, 435 | |
| 541 | + | age, sex, gender identity or expression, marital status, national origin, 436 | |
| 542 | + | ancestry, present or past history of mental disability, intellectual 437 | |
| 543 | + | disability, learning disability, physical disability, including, but not 438 | |
| 544 | + | limited to, blindness, [or] status as a veteran or status as a victim of 439 | |
| 545 | + | family violence of any individual to exclude from full membership 440 | |
| 546 | + | rights or to expel from its membership such individual or to 441 | |
| 547 | + | discriminate in any way against any of its members or against any 442 | |
| 548 | + | employer or any individual employed by an employer, unless such 443 | |
| 549 | + | action is based on a bona fide occupational qualification; 444 Substitute Bill No. 5 | |
| 717 | 550 | ||
| 718 | - | Public Act No. 22-82 23 of 34 | |
| 719 | 551 | ||
| 720 | - | violence, provided the employee is not the perpetrator of the domestic | |
| 721 | - | violence against the child; (iv) take other actions to increase safety from | |
| 722 | - | future incidents of domestic violence, including temporary or | |
| 723 | - | permanent relocation; or (v) obtain legal services, assisting in the | |
| 724 | - | prosecution of the offense, or otherwise participate in legal proceedings | |
| 725 | - | in relation to the incident or incidents of domestic violence. | |
| 726 | - | (B) An employee who is absent from work in accordance with the | |
| 727 | - | provisions of subparagraph (A) of this subdivision shall, within a | |
| 728 | - | reasonable time after the absence, provide a certification to the employer | |
| 729 | - | when requested by the employer. Such certification shall be in the form | |
| 730 | - | of: (i) A police report indicating that the employee or the employee's | |
| 731 | - | child was a victim of domestic violence; (ii) a court order protecting or | |
| 732 | - | separating the employee or employee's child from the perpetrator of an | |
| 733 | - | act of domestic violence; (iii) other evidence from the court or | |
| 734 | - | prosecuting attorney that the employee appeared in court; or (iv) | |
| 735 | - | documentation from a medical professional, domestic violence | |
| 736 | - | counselor, as defined in section 52-146k, or other health care provider, | |
| 737 | - | that the employee or the employee's child was receiving services, | |
| 738 | - | counseling or treatment for physical or mental injuries or abuse | |
| 739 | - | resulting in victimization from an act of domestic violence. | |
| 740 | - | (C) Where an employee has a physical or mental disability resulting | |
| 741 | - | from an incident or series of incidents of domestic violence, such | |
| 742 | - | employee shall be treated in the same manner as an employee with any | |
| 743 | - | other disability. | |
| 744 | - | (D) To the extent permitted by law, employers shall maintain the | |
| 745 | - | confidentiality of any information regarding an employee's status as a | |
| 746 | - | victim of domestic violence. | |
| 747 | - | (c) (1) The provisions of this section concerning age shall not apply | |
| 748 | - | to: (A) The termination of employment of any person with a contract of | |
| 749 | - | unlimited tenure at an independent institution of higher education who Substitute Senate Bill No. 5 | |
| 552 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 553 | + | R03-SB.docx } | |
| 554 | + | 16 of 33 | |
| 750 | 555 | ||
| 751 | - | Public Act No. 22-82 24 of 34 | |
| 556 | + | (4) For any person, employer, labor organization or employment 445 | |
| 557 | + | agency to discharge, expel or otherwise discriminate against any person 446 | |
| 558 | + | because such person has opposed any discriminatory employment 447 | |
| 559 | + | practice or because such person has filed a complaint or testified or 448 | |
| 560 | + | assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; 449 | |
| 561 | + | (5) For any person, whether an employer or an employee or not, to 450 | |
| 562 | + | aid, abet, incite, compel or coerce the doing of any act declared to be a 451 | |
| 563 | + | discriminatory employment practice or to attempt to do so; 452 | |
| 564 | + | (6) For any person, employer, employment agency or labor 453 | |
| 565 | + | organization, except in the case of a bona fide occupational qualification 454 | |
| 566 | + | or need, to advertise employment opportunities in such a manner as to 455 | |
| 567 | + | restrict such employment so as to discriminate against individuals 456 | |
| 568 | + | because of their race, color, religious creed, age, sex, gender identity or 457 | |
| 569 | + | expression, marital status, national origin, ancestry, present or past 458 | |
| 570 | + | history of mental disability, intellectual disability, learning disability, 459 | |
| 571 | + | physical disability, including, but not limited to, blindness, [or] status 460 | |
| 572 | + | as a veteran or status as a victim of family violence; 461 | |
| 573 | + | (7) For an employer, by the employer or the employer's agent: (A) To 462 | |
| 574 | + | terminate a woman's employment because of her pregnancy; (B) to 463 | |
| 575 | + | refuse to grant to that employee a reasonable leave of absence for 464 | |
| 576 | + | disability resulting from her pregnancy; (C) to deny to that employee, 465 | |
| 577 | + | who is disabled as a result of pregnancy, any compensation to which 466 | |
| 578 | + | she is entitled as a result of the accumulation of disability or leave 467 | |
| 579 | + | benefits accrued pursuant to plans maintained by the employer; (D) to 468 | |
| 580 | + | fail or refuse to reinstate the employee to her original job or to an 469 | |
| 581 | + | equivalent position with equivalent pay and accumulated seniority, 470 | |
| 582 | + | retirement, fringe benefits and other service credits upon her signifying 471 | |
| 583 | + | her intent to return unless, in the case of a private employer, the 472 | |
| 584 | + | employer's circumstances have so changed as to make it impossible or 473 | |
| 585 | + | unreasonable to do so; (E) to limit, segregate or classify the employee in 474 | |
| 586 | + | a way that would deprive her of employment opportunities due to her 475 | |
| 587 | + | pregnancy; (F) to discriminate against an employee or person seeking 476 | |
| 588 | + | employment on the basis of her pregnancy in the terms or conditions of 477 Substitute Bill No. 5 | |
| 752 | 589 | ||
| 753 | - | is mandatorily retired, on or before July 1, 1993, after having attained | |
| 754 | - | the age of seventy; (B) the termination of employment of any person | |
| 755 | - | who has attained the age of sixty-five and who, for the two years | |
| 756 | - | immediately preceding such termination, is employed in a bona fide | |
| 757 | - | executive or a high policy-making position, if such person is entitled to | |
| 758 | - | an immediate nonforfeitable annual retirement benefit under a pension, | |
| 759 | - | profit-sharing, savings or deferred compensation plan, or any | |
| 760 | - | combination of such plans, from such person's employer, which equals, | |
| 761 | - | in aggregate, at least forty-four thousand dollars; (C) the termination of | |
| 762 | - | employment of persons in occupations, including police work and fire- | |
| 763 | - | fighting, in which age is a bona fide occupational qualification; (D) the | |
| 764 | - | operation of any bona fide apprenticeship system or plan; or (E) the | |
| 765 | - | observance of the terms of a bona fide seniority system or any bona fide | |
| 766 | - | employee benefit plan for retirement, pensions or insurance which is not | |
| 767 | - | adopted for the purpose of evading said provisions, except that no such | |
| 768 | - | plan may excuse the failure to hire any individual and no such system | |
| 769 | - | or plan may require or permit the termination of employment on the | |
| 770 | - | basis of age. No such plan which covers less than twenty employees may | |
| 771 | - | reduce the group hospital, surgical or medical insurance coverage | |
| 772 | - | provided under the plan to any employee who has reached the age of | |
| 773 | - | sixty-five and is eligible for Medicare benefits or any employee's spouse | |
| 774 | - | who has reached age sixty-five and is eligible for Medicare benefits | |
| 775 | - | except to the extent such coverage is provided by Medicare. The terms | |
| 776 | - | of any such plan which covers twenty or more employees shall entitle | |
| 777 | - | any employee who has attained the age of sixty-five and any employee's | |
| 778 | - | spouse who has attained the age of sixty-five to group hospital, surgical | |
| 779 | - | or medical insurance coverage under the same conditions as any | |
| 780 | - | covered employee or spouse who is under the age of sixty-five. | |
| 781 | - | (2) No employee retirement or pension plan may exclude any | |
| 782 | - | employee from membership in such plan or cease or reduce the | |
| 783 | - | employee's benefit accruals or allocations under such plan on the basis | |
| 784 | - | of age. The provisions of this subdivision shall be applicable to plan Substitute Senate Bill No. 5 | |
| 785 | 590 | ||
| 786 | - | Public Act No. 22-82 25 of 34 | |
| 591 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 592 | + | R03-SB.docx } | |
| 593 | + | 17 of 33 | |
| 787 | 594 | ||
| 788 | - | years beginning on or after January 1, 1988, except that for any | |
| 789 | - | collectively bargained plan this subdivision shall be applicable on the | |
| 790 | - | earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of | |
| 791 | - | the collective bargaining agreement, or (ii) January 1, 1988. | |
| 792 | - | (3) The provisions of this section concerning age shall not prohibit an | |
| 793 | - | employer from requiring medical examinations for employees for the | |
| 794 | - | purpose of determining such employees' physical qualification for | |
| 795 | - | continued employment. | |
| 796 | - | (4) Any employee who continues employment beyond the normal | |
| 797 | - | retirement age in the applicable retirement or pension plan shall give | |
| 798 | - | notice of intent to retire, in writing, to such employee's employer not | |
| 799 | - | less than thirty days prior to the date of such retirement. | |
| 800 | - | (d) (1) An employer shall provide written notice of the right to be free | |
| 801 | - | from discrimination in relation to pregnancy, childbirth and related | |
| 802 | - | conditions, including the right to a reasonable accommodation to the | |
| 803 | - | known limitations related to pregnancy pursuant to subdivision (7) of | |
| 804 | - | subsection (b) of this section to: (A) New employees at the | |
| 805 | - | commencement of employment; (B) existing employees within one | |
| 806 | - | hundred twenty days after the effective date of this section; and (C) any | |
| 807 | - | employee who notifies the employer of her pregnancy within ten days | |
| 808 | - | of such notification. An employer may comply with the provisions of | |
| 809 | - | this section by displaying a poster in a conspicuous place, accessible to | |
| 810 | - | employees, at the employer's place of business that contains the | |
| 811 | - | information required by this section in both English and Spanish. The | |
| 812 | - | Labor Commissioner may adopt regulations, in accordance with | |
| 813 | - | chapter 54, to establish additional requirements concerning the means | |
| 814 | - | by which employers shall provide such notice. | |
| 815 | - | (2) The Commission on Human Rights and Opportunities shall | |
| 816 | - | develop courses of instruction and conduct ongoing public education | |
| 817 | - | efforts as necessary to inform employers, employees, employment Substitute Senate Bill No. 5 | |
| 595 | + | her employment; (G) to fail or refuse to make a reasonable 478 | |
| 596 | + | accommodation for an employee or person seeking employment due to 479 | |
| 597 | + | her pregnancy, unless the employer can demonstrate that such 480 | |
| 598 | + | accommodation would impose an undue hardship on such employer; 481 | |
| 599 | + | (H) to deny employment opportunities to an employee or person 482 | |
| 600 | + | seeking employment if such denial is due to the employee's request for 483 | |
| 601 | + | a reasonable accommodation due to her pregnancy; (I) to force an 484 | |
| 602 | + | employee or person seeking employment affected by pregnancy to 485 | |
| 603 | + | accept a reasonable accommodation if such employee or person seeking 486 | |
| 604 | + | employment (i) does not have a known limitation related to her 487 | |
| 605 | + | pregnancy, or (ii) does not require a reasonable accommodation to 488 | |
| 606 | + | perform the essential duties related to her employment; (J) to require an 489 | |
| 607 | + | employee to take a leave of absence if a reasonable accommodation can 490 | |
| 608 | + | be provided in lieu of such leave; and (K) to retaliate against an 491 | |
| 609 | + | employee in the terms, conditions or privileges of her employment 492 | |
| 610 | + | based upon such employee's request for a reasonable accommodation; 493 | |
| 611 | + | (8) For an employer, by the employer or the employer's agent, for an 494 | |
| 612 | + | employment agency, by itself or its agent, or for any labor organization, 495 | |
| 613 | + | by itself or its agent, to harass any employee, person seeking 496 | |
| 614 | + | employment or member on the basis of sex or gender identity or 497 | |
| 615 | + | expression. If an employer takes immediate corrective action in 498 | |
| 616 | + | response to an employee's claim of sexual harassment, such corrective 499 | |
| 617 | + | action shall not modify the conditions of employment of the employee 500 | |
| 618 | + | making the claim of sexual harassment unless such employee agrees, in 501 | |
| 619 | + | writing, to any modification in the conditions of employment. 502 | |
| 620 | + | "Corrective action" taken by an employer, includes, but is not limited to, 503 | |
| 621 | + | employee relocation, assigning an employee to a different work 504 | |
| 622 | + | schedule or other substantive changes to an employee's terms and 505 | |
| 623 | + | conditions of employment. Notwithstanding an employer's failure to 506 | |
| 624 | + | obtain a written agreement from an employee concerning a modification 507 | |
| 625 | + | in the conditions of employment, the commission may find that 508 | |
| 626 | + | corrective action taken by an employer was reasonable and not of 509 | |
| 627 | + | detriment to the complainant based on the evidence presented to the 510 | |
| 628 | + | commission by the complainant and respondent. As used in this 511 Substitute Bill No. 5 | |
| 818 | 629 | ||
| 819 | - | Public Act No. 22-82 26 of 34 | |
| 820 | 630 | ||
| 821 | - | agencies and persons seeking employment about their rights and | |
| 822 | - | responsibilities under this section. | |
| 823 | - | Sec. 11. Section 46a-58 of the general statutes is repealed and the | |
| 824 | - | following is substituted in lieu thereof (Effective October 1, 2022): | |
| 825 | - | (a) It shall be a discriminatory practice in violation of this section for | |
| 826 | - | any person to subject, or cause to be subjected, any other person to the | |
| 827 | - | deprivation of any rights, privileges or immunities, secured or protected | |
| 828 | - | by the Constitution or laws of this state or of the United States, on | |
| 829 | - | account of religion, national origin, alienage, color, race, sex, gender | |
| 830 | - | identity or expression, sexual orientation, blindness, mental disability, | |
| 831 | - | physical disability, [or] status as a veteran or status as a victim of | |
| 832 | - | domestic violence. | |
| 833 | - | (b) Any person who intentionally desecrates any public property, | |
| 834 | - | monument or structure, or any religious object, symbol or house of | |
| 835 | - | religious worship, or any cemetery, or any private structure not owned | |
| 836 | - | by such person, shall be in violation of subsection (a) of this section. For | |
| 837 | - | the purposes of this subsection, "desecrate" means to mar, deface or | |
| 838 | - | damage as a demonstration of irreverence or contempt. | |
| 839 | - | (c) Any person who places a burning cross or a simulation thereof on | |
| 840 | - | any public property, or on any private property without the written | |
| 841 | - | consent of the owner, and with intent to intimidate or harass any other | |
| 842 | - | person or group of persons, shall be in violation of subsection (a) of this | |
| 843 | - | section. | |
| 844 | - | (d) Any person who places a noose or a simulation thereof on any | |
| 845 | - | public property, or on any private property without the written consent | |
| 846 | - | of the owner, and with intent to intimidate or harass any other person | |
| 847 | - | on account of religion, national origin, alienage, color, race, sex, gender | |
| 848 | - | identity or expression, sexual orientation, blindness, mental disability, | |
| 849 | - | physical disability, [or] status as a veteran or status as a victim of Substitute Senate Bill No. 5 | |
| 631 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 632 | + | R03-SB.docx } | |
| 633 | + | 18 of 33 | |
| 850 | 634 | ||
| 851 | - | Public Act No. 22-82 27 of 34 | |
| 635 | + | subdivision, "sexual harassment" means any unwelcome sexual 512 | |
| 636 | + | advances or requests for sexual favors or any conduct of a sexual nature 513 | |
| 637 | + | when (A) submission to such conduct is made either explicitly or 514 | |
| 638 | + | implicitly a term or condition of an individual's employment, (B) 515 | |
| 639 | + | submission to or rejection of such conduct by an individual is used as 516 | |
| 640 | + | the basis for employment decisions affecting such individual, or (C) 517 | |
| 641 | + | such conduct has the purpose or effect of [substantially] interfering with 518 | |
| 642 | + | an individual's work performance or creating an intimidating, hostile or 519 | |
| 643 | + | offensive working environment; 520 | |
| 644 | + | (9) For an employer, by the employer or the employer's agent, for an 521 | |
| 645 | + | employment agency, by itself or its agent, or for any labor organization, 522 | |
| 646 | + | by itself or its agent, to request or require information from an 523 | |
| 647 | + | employee, person seeking employment or member relating to the 524 | |
| 648 | + | individual's child-bearing age or plans, pregnancy, function of the 525 | |
| 649 | + | individual's reproductive system, use of birth control methods, or the 526 | |
| 650 | + | individual's familial responsibilities, unless such information is directly 527 | |
| 651 | + | related to a bona fide occupational qualification or need, provided an 528 | |
| 652 | + | employer, through a physician may request from an employee any such 529 | |
| 653 | + | information which is directly related to workplace exposure to 530 | |
| 654 | + | substances which may cause birth defects or constitute a hazard to an 531 | |
| 655 | + | individual's reproductive system or to a fetus if the employer first 532 | |
| 656 | + | informs the employee of the hazards involved in exposure to such 533 | |
| 657 | + | substances; 534 | |
| 658 | + | (10) For an employer, by the employer or the employer's agent, after 535 | |
| 659 | + | informing an employee, pursuant to subdivision (9) of this subsection, 536 | |
| 660 | + | of a workplace exposure to substances which may cause birth defects or 537 | |
| 661 | + | constitute a hazard to an employee's reproductive system or to a fetus, 538 | |
| 662 | + | to fail or refuse, upon the employee's request, to take reasonable 539 | |
| 663 | + | measures to protect the employee from the exposure or hazard 540 | |
| 664 | + | identified, or to fail or refuse to inform the employee that the measures 541 | |
| 665 | + | taken may be the subject of a complaint filed under the provisions of 542 | |
| 666 | + | this chapter. Nothing in this subdivision is intended to prohibit an 543 | |
| 667 | + | employer from taking reasonable measures to protect an employee from 544 Substitute Bill No. 5 | |
| 852 | 668 | ||
| 853 | - | domestic violence, shall be in violation of subsection (a) of this section. | |
| 854 | - | (e) (1) Except as provided in subdivision (2) of this subsection, any | |
| 855 | - | person who violates any provision of this section shall be guilty of a | |
| 856 | - | class A misdemeanor and shall be fined not less than one thousand | |
| 857 | - | dollars, except that if property is damaged as a consequence of such | |
| 858 | - | violation in an amount in excess of one thousand dollars, such person | |
| 859 | - | shall be guilty of a class D felony and shall be fined not less than one | |
| 860 | - | thousand dollars. | |
| 861 | - | (2) Any person who violates the provisions of this section by | |
| 862 | - | intentionally desecrating a house of religious worship (A) shall be guilty | |
| 863 | - | of a class D felony and shall be fined not less than one thousand dollars | |
| 864 | - | if property is damaged as a consequence of such violation in an amount | |
| 865 | - | up to and including ten thousand dollars, and (B) shall be guilty of a | |
| 866 | - | class C felony and shall be fined not less than three thousand dollars if | |
| 867 | - | the property damaged as a consequence of such violation is in an | |
| 868 | - | amount in excess of ten thousand dollars. | |
| 869 | - | (3) The minimum amount of any fine imposed by the provisions of | |
| 870 | - | this section may not be remitted or reduced by the court unless the court | |
| 871 | - | states on the record its reasons for remitting or reducing such fine. | |
| 872 | - | (4) The court may order restitution for any victim of a violation of this | |
| 873 | - | section pursuant to subsection (c) of section 53a-28. | |
| 874 | - | Sec. 12. Subsection (a) of section 46a-59 of the general statutes is | |
| 875 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 876 | - | 1, 2022): | |
| 877 | - | (a) It shall be a discriminatory practice in violation of this section for | |
| 878 | - | any association, board or other organization the principal purpose of | |
| 879 | - | which is the furtherance of the professional or occupational interests of | |
| 880 | - | its members, whose profession, trade or occupation requires a state | |
| 881 | - | license, to refuse to accept a person as a member of such association, Substitute Senate Bill No. 5 | |
| 882 | 669 | ||
| 883 | - | Public Act No. 22-82 28 of 34 | |
| 670 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 671 | + | R03-SB.docx } | |
| 672 | + | 19 of 33 | |
| 884 | 673 | ||
| 885 | - | board or organization because of his race, national origin, creed, sex, | |
| 886 | - | gender identity or expression, color, [or] status as a veteran or status as | |
| 887 | - | a victim of domestic violence. | |
| 888 | - | Sec. 13. Subsection (a) of section 46a-64 of the general statutes is | |
| 889 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 890 | - | 1, 2022): | |
| 891 | - | (a) It shall be a discriminatory practice in violation of this section: (1) | |
| 892 | - | To deny any person within the jurisdiction of this state full and equal | |
| 893 | - | accommodations in any place of public accommodation, resort or | |
| 894 | - | amusement because of race, creed, color, national origin, ancestry, sex, | |
| 895 | - | gender identity or expression, marital status, age, lawful source of | |
| 896 | - | income, intellectual disability, mental disability, physical disability, | |
| 897 | - | including, but not limited to, blindness or deafness, [or] status as a | |
| 898 | - | veteran or status as a victim of domestic violence, of the applicant, | |
| 899 | - | subject only to the conditions and limitations established by law and | |
| 900 | - | applicable alike to all persons; (2) to discriminate, segregate or separate | |
| 901 | - | on account of race, creed, color, national origin, ancestry, sex, gender | |
| 902 | - | identity or expression, marital status, age, lawful source of income, | |
| 903 | - | intellectual disability, mental disability, learning disability, physical | |
| 904 | - | disability, including, but not limited to, blindness or deafness, [or] status | |
| 905 | - | as a veteran or status as a victim of domestic violence; (3) for a place of | |
| 906 | - | public accommodation, resort or amusement to restrict or limit the right | |
| 907 | - | of a mother to breast-feed her child; (4) for a place of public | |
| 908 | - | accommodation, resort or amusement to fail or refuse to post a notice, | |
| 909 | - | in a conspicuous place, that any blind, deaf or mobility impaired person, | |
| 910 | - | accompanied by his guide dog wearing a harness or an orange-colored | |
| 911 | - | leash and collar, may enter such premises or facilities; or (5) to deny any | |
| 912 | - | blind, deaf or mobility impaired person or any person training a dog as | |
| 913 | - | a guide dog for a blind person or a dog to assist a deaf or mobility | |
| 914 | - | impaired person, accompanied by his guide dog or assistance dog, full | |
| 915 | - | and equal access to any place of public accommodation, resort or Substitute Senate Bill No. 5 | |
| 674 | + | exposure to such substances. For the purpose of this subdivision, 545 | |
| 675 | + | "reasonable measures" shall be those measures which are consistent 546 | |
| 676 | + | with business necessity and are least disruptive of the terms and 547 | |
| 677 | + | conditions of the employee's employment; 548 | |
| 678 | + | (11) For an employer, by the employer or the employer's agent, for an 549 | |
| 679 | + | employment agency, by itself or its agent, or for any labor organization, 550 | |
| 680 | + | by itself or its agent: (A) To request or require genetic information from 551 | |
| 681 | + | an employee, person seeking employment or member, or (B) to 552 | |
| 682 | + | discharge, expel or otherwise discriminate against any person on the 553 | |
| 683 | + | basis of genetic information. For the purpose of this subdivision, 554 | |
| 684 | + | "genetic information" means the information about genes, gene 555 | |
| 685 | + | products or inherited characteristics that may derive from an individual 556 | |
| 686 | + | or a family member; 557 | |
| 687 | + | (12) For an employer, by the employer or the employer's agent, to 558 | |
| 688 | + | request or require a prospective employee's age, date of birth, dates of 559 | |
| 689 | + | attendance at or date of graduation from an educational institution on 560 | |
| 690 | + | an initial employment application, provided the provisions of this 561 | |
| 691 | + | subdivision shall not apply to any employer requesting or requiring 562 | |
| 692 | + | such information (A) based on a bona fide occupational qualification or 563 | |
| 693 | + | need, or (B) when such information is required to comply with any 564 | |
| 694 | + | provision of state or federal law; [.] and 565 | |
| 695 | + | (13) (A) For an employer to refuse to provide a reasonable 566 | |
| 696 | + | accommodation to an employee who is known by the employer to be a 567 | |
| 697 | + | victim of family violence, unless such absence would cause an undue 568 | |
| 698 | + | hardship to the employer. The employer may require an employee to 569 | |
| 699 | + | charge any time off pursuant to this subsection against any leave with 570 | |
| 700 | + | pay ordinarily granted, where available, unless otherwise provided for 571 | |
| 701 | + | in a collective bargaining agreement or existing employee handbook or 572 | |
| 702 | + | policy, and any such absence that cannot be charged may be treated as 573 | |
| 703 | + | leave without pay. An employee may seek a reasonable accommodation 574 | |
| 704 | + | under this subsection in order to: (i) Seek attention for injuries caused 575 | |
| 705 | + | by family violence including for a child who is a victim of family 576 | |
| 706 | + | violence, provided the employee is not the perpetrator of the family 577 Substitute Bill No. 5 | |
| 916 | 707 | ||
| 917 | - | Public Act No. 22-82 29 of 34 | |
| 918 | 708 | ||
| 919 | - | amusement. Any blind, deaf or mobility impaired person or any person | |
| 920 | - | training a dog as a guide dog for a blind person or a dog to assist a deaf | |
| 921 | - | or mobility impaired person may keep his guide dog or assistance dog | |
| 922 | - | with him at all times in such place of public accommodation, resort or | |
| 923 | - | amusement at no extra charge, provided the dog wears a harness or an | |
| 924 | - | orange-colored leash and collar and is in the direct custody of such | |
| 925 | - | person. The blind, deaf or mobility impaired person or person training | |
| 926 | - | a dog as a guide dog for a blind person or a dog to assist a deaf or | |
| 927 | - | mobility impaired person shall be liable for any damage done to the | |
| 928 | - | premises or facilities by his dog. For purposes of this subdivision, "guide | |
| 929 | - | dog" or "assistance dog" includes a dog being trained as a guide dog or | |
| 930 | - | assistance dog and "person training a dog as a guide dog for a blind | |
| 931 | - | person or a dog to assist a deaf or mobility impaired person" means a | |
| 932 | - | person who is employed by and authorized to engage in designated | |
| 933 | - | training activities by a guide dog organization or assistance dog | |
| 934 | - | organization that complies with the criteria for membership in a | |
| 935 | - | professional association of guide dog or assistance dog schools and who | |
| 936 | - | carries photographic identification indicating such employment and | |
| 937 | - | authorization. | |
| 938 | - | Sec. 14. Subdivision (1) of subsection (a) of section 46a-64c of the | |
| 939 | - | general statutes is repealed and the following is substituted in lieu | |
| 940 | - | thereof (Effective October 1, 2022) | |
| 941 | - | (1) To refuse to sell or rent after the making of a bona fide offer, or to | |
| 942 | - | refuse to negotiate for the sale or rental of, or otherwise make | |
| 943 | - | unavailable or deny, a dwelling to any person because of race, creed, | |
| 944 | - | color, national origin, ancestry, sex, gender identity or expression, | |
| 945 | - | marital status, age, lawful source of income, familial status, [or] status | |
| 946 | - | as a veteran or status as a victim of domestic violence. | |
| 947 | - | Sec. 15. Subsection (a) of section 46a-66 of the general statutes is | |
| 948 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 949 | - | 1, 2022): Substitute Senate Bill No. 5 | |
| 709 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 710 | + | R03-SB.docx } | |
| 711 | + | 20 of 33 | |
| 950 | 712 | ||
| 951 | - | Public Act No. 22-82 30 of 34 | |
| 713 | + | violence against the child; (ii) obtain services from a family violence 578 | |
| 714 | + | shelter, program or rape crisis center as a result of family violence; (iii) 579 | |
| 715 | + | obtain psychological counseling related to an incident or incidents of 580 | |
| 716 | + | family violence, including for a child who is a victim of family violence, 581 | |
| 717 | + | provided the employee is not the perpetrator of the family violence 582 | |
| 718 | + | against the child; (iv) participate in safety planning and taking other 583 | |
| 719 | + | actions to increase safety from future incidents of family violence, 584 | |
| 720 | + | including temporary or permanent relocation; or (v) obtain legal 585 | |
| 721 | + | services, assisting in the prosecution of the offense, or otherwise 586 | |
| 722 | + | participate in legal proceedings in relation to the incident or incidents of 587 | |
| 723 | + | family violence. 588 | |
| 724 | + | (B) An employee who is absent from work in accordance with the 589 | |
| 725 | + | provisions of subparagraph (A) of this subdivision shall, within a 590 | |
| 726 | + | reasonable time after the absence, provide a certification to the employer 591 | |
| 727 | + | when requested by the employer. Such certification shall be in the form 592 | |
| 728 | + | of: (i) A police report indicating that the employee or the employee's 593 | |
| 729 | + | child was a victim of family violence; (ii) a court order protecting or 594 | |
| 730 | + | separating the employee or employee's child from the perpetrator of an 595 | |
| 731 | + | act of family violence; (iii) other evidence from the court or prosecuting 596 | |
| 732 | + | attorney that the employee appeared in court; or (iv) documentation 597 | |
| 733 | + | from a medical professional or a domestic violence counselor, as defined 598 | |
| 734 | + | in section 52-146k, that the employee or the employee's child was 599 | |
| 735 | + | undergoing counseling or treatment for physical or mental injuries or 600 | |
| 736 | + | abuse resulting in victimization from an act of family violence. 601 | |
| 737 | + | (C) Where an employee has a physical or mental disability resulting 602 | |
| 738 | + | from an incident or series of incidents of family violence, such employee 603 | |
| 739 | + | shall be treated in the same manner as an employee with any other 604 | |
| 740 | + | disability, pursuant to the provisions of this section which provide that 605 | |
| 741 | + | discrimination and refusal to provide reasonable accommodation of 606 | |
| 742 | + | disability are unlawful discriminatory practices. 607 | |
| 743 | + | (D) To the extent permitted by law, employers shall maintain the 608 | |
| 744 | + | confidentiality of any information regarding an employee's status as a 609 | |
| 745 | + | victim of family violence. 610 Substitute Bill No. 5 | |
| 952 | 746 | ||
| 953 | - | (a) It shall be a discriminatory practice in violation of this section for | |
| 954 | - | any creditor to discriminate on the basis of sex, gender identity or | |
| 955 | - | expression, age, race, color, religious creed, national origin, ancestry, | |
| 956 | - | marital status, intellectual disability, learning disability, blindness, | |
| 957 | - | physical disability, [or] status as a veteran or status as a victim of | |
| 958 | - | domestic violence against any person eighteen years of age or over in | |
| 959 | - | any credit transaction. | |
| 960 | - | Sec. 16. Subsection (a) of section 46a-70 of the general statutes is | |
| 961 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 962 | - | 1, 2022): | |
| 963 | - | (a) State officials and supervisory personnel shall recruit, appoint, | |
| 964 | - | assign, train, evaluate and promote state personnel on the basis of merit | |
| 965 | - | and qualifications, without regard for race, color, religious creed, sex, | |
| 966 | - | gender identity or expression, marital status, age, national origin, | |
| 967 | - | ancestry, status as a veteran, status as a victim of domestic violence, | |
| 968 | - | intellectual disability, mental disability, learning disability or physical | |
| 969 | - | disability, including, but not limited to, blindness, unless it is shown by | |
| 970 | - | such state officials or supervisory personnel that such disability | |
| 971 | - | prevents performance of the work involved. | |
| 972 | - | Sec. 17. Subsection (a) of section 46a-71 of the general statutes is | |
| 973 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 974 | - | 1, 2022): | |
| 975 | - | (a) All services of every state agency shall be performed without | |
| 976 | - | discrimination based upon race, color, religious creed, sex, gender | |
| 977 | - | identity or expression, marital status, age, national origin, ancestry, | |
| 978 | - | intellectual disability, mental disability, learning disability, physical | |
| 979 | - | disability, including, but not limited to, blindness, [or] status as a | |
| 980 | - | veteran or status as a victim of domestic violence. | |
| 981 | - | Sec. 18. Subsection (b) of section 46a-72 of the general statutes is Substitute Senate Bill No. 5 | |
| 982 | 747 | ||
| 983 | - | Public Act No. 22-82 31 of 34 | |
| 748 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 749 | + | R03-SB.docx } | |
| 750 | + | 21 of 33 | |
| 984 | 751 | ||
| 985 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 986 | - | 1, 2022): | |
| 987 | - | (b) Any job request indicating an intention to exclude any person | |
| 988 | - | because of race, color, religious creed, sex, gender identity or expression, | |
| 989 | - | marital status, age, national origin, ancestry, status as a veteran, status | |
| 990 | - | as a victim of domestic violence, intellectual disability, mental disability, | |
| 991 | - | learning disability or physical disability, including, but not limited to, | |
| 992 | - | blindness, shall be rejected, unless it is shown by such public or private | |
| 993 | - | employers that such disability prevents performance of the work | |
| 994 | - | involved. | |
| 995 | - | Sec. 19. Subsection (a) of section 46a-73 of the general statutes is | |
| 996 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 997 | - | 1, 2022): | |
| 998 | - | (a) No state department, board or agency may grant, deny or revoke | |
| 999 | - | the license or charter of any person on the grounds of race, color, | |
| 1000 | - | religious creed, sex, gender identity or expression, marital status, age, | |
| 1001 | - | national origin, ancestry, status as a veteran, status as a victim of | |
| 1002 | - | domestic violence, intellectual disability, mental disability, learning | |
| 1003 | - | disability or physical disability, including, but not limited to, blindness, | |
| 1004 | - | unless it is shown by such state department, board or agency that such | |
| 1005 | - | disability prevents performance of the work involved. | |
| 1006 | - | Sec. 20. Subsection (a) of section 46a-75 of the general statutes is | |
| 1007 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 1008 | - | 1, 2022): | |
| 1009 | - | (a) All educational, counseling, and vocational guidance programs | |
| 1010 | - | and all apprenticeship and on-the-job training programs of state | |
| 1011 | - | agencies, or in which state agencies participate, shall be open to all | |
| 1012 | - | qualified persons, without regard to race, color, religious creed, sex, | |
| 1013 | - | gender identity or expression, marital status, age, national origin, Substitute Senate Bill No. 5 | |
| 752 | + | (c) (1) The provisions of this section concerning age shall not apply 611 | |
| 753 | + | to: (A) The termination of employment of any person with a contract of 612 | |
| 754 | + | unlimited tenure at an independent institution of higher education who 613 | |
| 755 | + | is mandatorily retired, on or before July 1, 1993, after having attained 614 | |
| 756 | + | the age of seventy; (B) the termination of employment of any person 615 | |
| 757 | + | who has attained the age of sixty-five and who, for the two years 616 | |
| 758 | + | immediately preceding such termination, is employed in a bona fide 617 | |
| 759 | + | executive or a high policy-making position, if such person is entitled to 618 | |
| 760 | + | an immediate nonforfeitable annual retirement benefit under a pension, 619 | |
| 761 | + | profit-sharing, savings or deferred compensation plan, or any 620 | |
| 762 | + | combination of such plans, from such person's employer, which equals, 621 | |
| 763 | + | in aggregate, at least forty-four thousand dollars; (C) the termination of 622 | |
| 764 | + | employment of persons in occupations, including police work and fire-623 | |
| 765 | + | fighting, in which age is a bona fide occupational qualification; (D) the 624 | |
| 766 | + | operation of any bona fide apprenticeship system or plan; or (E) the 625 | |
| 767 | + | observance of the terms of a bona fide seniority system or any bona fide 626 | |
| 768 | + | employee benefit plan for retirement, pensions or insurance which is not 627 | |
| 769 | + | adopted for the purpose of evading said provisions, except that no such 628 | |
| 770 | + | plan may excuse the failure to hire any individual and no such system 629 | |
| 771 | + | or plan may require or permit the termination of employment on the 630 | |
| 772 | + | basis of age. No such plan which covers less than twenty employees may 631 | |
| 773 | + | reduce the group hospital, surgical or medical insurance coverage 632 | |
| 774 | + | provided under the plan to any employee who has reached the age of 633 | |
| 775 | + | sixty-five and is eligible for Medicare benefits or any employee's spouse 634 | |
| 776 | + | who has reached age sixty-five and is eligible for Medicare benefits 635 | |
| 777 | + | except to the extent such coverage is provided by Medicare. The terms 636 | |
| 778 | + | of any such plan which covers twenty or more employees shall entitle 637 | |
| 779 | + | any employee who has attained the age of sixty-five and any employee's 638 | |
| 780 | + | spouse who has attained the age of sixty-five to group hospital, surgical 639 | |
| 781 | + | or medical insurance coverage under the same conditions as any 640 | |
| 782 | + | covered employee or spouse who is under the age of sixty-five. 641 | |
| 783 | + | (2) No employee retirement or pension plan may exclude any 642 | |
| 784 | + | employee from membership in such plan or cease or reduce the 643 | |
| 785 | + | employee's benefit accruals or allocations under such plan on the basis 644 Substitute Bill No. 5 | |
| 1014 | 786 | ||
| 1015 | - | Public Act No. 22-82 32 of 34 | |
| 1016 | 787 | ||
| 1017 | - | ancestry, intellectual disability, mental disability, learning disability, | |
| 1018 | - | physical disability, including, but not limited to, blindness, [or] status | |
| 1019 | - | as a veteran or status as a victim of domestic violence. | |
| 1020 | - | Sec. 21. Subsection (a) of section 46a-76 of the general statutes is | |
| 1021 | - | repealed and the following is substituted in lieu thereof (Effective October | |
| 1022 | - | 1, 2022): | |
| 1023 | - | (a) Race, color, religious creed, sex, gender identity or expression, | |
| 1024 | - | marital status, age, national origin, ancestry, intellectual disability, | |
| 1025 | - | mental disability, learning disability, physical disability, including, but | |
| 1026 | - | not limited to, blindness, [or] status as a veteran or status as a victim of | |
| 1027 | - | domestic violence, shall not be considered as limiting factors in state- | |
| 1028 | - | administered programs involving the distribution of funds to qualify | |
| 1029 | - | applicants for benefits authorized by law. | |
| 1030 | - | Sec. 22. Section 46a-55 of the general statutes is repealed and the | |
| 1031 | - | following is substituted in lieu thereof (Effective from passage): | |
| 1032 | - | (a) The executive director [, through the supervising attorney,] shall | |
| 1033 | - | assign a commission legal counsel to represent the commission in any | |
| 1034 | - | proceeding wherein any state agency or state officer is an adversary | |
| 1035 | - | party and in such other matters as the commission and the Attorney | |
| 1036 | - | General may jointly prescribe. | |
| 1037 | - | (b) The executive director [, through the supervising attorney,] may | |
| 1038 | - | assign a commission legal counsel to represent the commission in any | |
| 1039 | - | hearing or appeal under subparagraph (A) of subdivision (2) of | |
| 1040 | - | subsection (e) of section 4-61dd. Commission legal counsel may | |
| 1041 | - | intervene as a matter of right in any such hearing or appeal without | |
| 1042 | - | permission of the parties, a hearing officer or the court. | |
| 1043 | - | (c) The executive director [, through the supervising attorney,] may, | |
| 1044 | - | within available appropriations, assign a commission legal counsel to | |
| 1045 | - | bring a civil action concerning an alleged discriminatory practice, in Substitute Senate Bill No. 5 | |
| 788 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 789 | + | R03-SB.docx } | |
| 790 | + | 22 of 33 | |
| 1046 | 791 | ||
| 1047 | - | Public Act No. 22-82 33 of 34 | |
| 792 | + | of age. The provisions of this subdivision shall be applicable to plan 645 | |
| 793 | + | years beginning on or after January 1, 1988, except that for any 646 | |
| 794 | + | collectively bargained plan this subdivision shall be applicable on the 647 | |
| 795 | + | earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of 648 | |
| 796 | + | the collective bargaining agreement, or (ii) January 1, 1988. 649 | |
| 797 | + | (3) The provisions of this section concerning age shall not prohibit an 650 | |
| 798 | + | employer from requiring medical examinations for employees for the 651 | |
| 799 | + | purpose of determining such employees' physical qualification for 652 | |
| 800 | + | continued employment. 653 | |
| 801 | + | (4) Any employee who continues employment beyond the normal 654 | |
| 802 | + | retirement age in the applicable retirement or pension plan shall give 655 | |
| 803 | + | notice of intent to retire, in writing, to such employee's employer not 656 | |
| 804 | + | less than thirty days prior to the date of such retirement. 657 | |
| 805 | + | (d) (1) An employer shall provide written notice of the right to be free 658 | |
| 806 | + | from discrimination in relation to pregnancy, childbirth and related 659 | |
| 807 | + | conditions, including the right to a reasonable accommodation to the 660 | |
| 808 | + | known limitations related to pregnancy pursuant to subdivision (7) of 661 | |
| 809 | + | subsection (b) of this section to: (A) New employees at the 662 | |
| 810 | + | commencement of employment; (B) existing employees within one 663 | |
| 811 | + | hundred twenty days after the effective date of this section; and (C) any 664 | |
| 812 | + | employee who notifies the employer of her pregnancy within ten days 665 | |
| 813 | + | of such notification. An employer may comply with the provisions of 666 | |
| 814 | + | this section by displaying a poster in a conspicuous place, accessible to 667 | |
| 815 | + | employees, at the employer's place of business that contains the 668 | |
| 816 | + | information required by this section in both English and Spanish. The 669 | |
| 817 | + | Labor Commissioner may adopt regulations, in accordance with 670 | |
| 818 | + | chapter 54, to establish additional requirements concerning the means 671 | |
| 819 | + | by which employers shall provide such notice. 672 | |
| 820 | + | (2) The Commission on Human Rights and Opport unities shall 673 | |
| 821 | + | develop courses of instruction and conduct ongoing public education 674 | |
| 822 | + | efforts as necessary to inform employers, employees, employment 675 | |
| 823 | + | agencies and persons seeking employment about their rights and 676 Substitute Bill No. 5 | |
| 1048 | 824 | ||
| 1049 | - | accordance with this subsection, in lieu of an administrative hearing | |
| 1050 | - | pursuant to section 46a-84, when the executive director determines that | |
| 1051 | - | a civil action is in the public interest and if the parties to the | |
| 1052 | - | administrative hearing mutually agree, in writing, to the bringing of | |
| 1053 | - | such civil action by commission legal counsel. The commission legal | |
| 1054 | - | counsel shall bring such a civil action in the Superior Court not later | |
| 1055 | - | than ninety days following the date the commission legal counsel | |
| 1056 | - | notifies the parties of the executive director's determination. Such civil | |
| 1057 | - | action may be served by certified mail and shall not be subject to the | |
| 1058 | - | provisions of section 46a-100, 46a-101 or 46a-102. The jurisdiction of the | |
| 1059 | - | Superior Court in an action brought under this subsection shall be | |
| 1060 | - | limited to such claims, counterclaims, defenses or the like that could be | |
| 1061 | - | presented at an administrative hearing before the commission, had the | |
| 1062 | - | complaint remained with the commission for disposition. A | |
| 1063 | - | complainant may intervene as a matter of right without permission of | |
| 1064 | - | the court or the parties. The civil action shall be tried to the court without | |
| 1065 | - | a jury. If the commission legal counsel determines that the interests of | |
| 1066 | - | the state will not be adversely affected, the complainant or attorney for | |
| 1067 | - | the complainant shall present all or part of the case in support of the | |
| 1068 | - | complaint. The court may grant any relief available under section 46a- | |
| 1069 | - | 104. Where the Superior Court finds that a respondent has committed a | |
| 1070 | - | discriminatory practice, the court shall grant the commission its fees and | |
| 1071 | - | costs and award the commission a civil penalty, not exceeding ten | |
| 1072 | - | thousand dollars, provided such discriminatory practice has been | |
| 1073 | - | established by clear and convincing evidence, which shall be payable to | |
| 1074 | - | the commission and used by the commission to advance the public | |
| 1075 | - | interest in eliminating discrimination. | |
| 1076 | - | Sec. 23. (Effective July 1, 2022) For the fiscal year ending June 30, 2023, | |
| 1077 | - | the Department of Social Services shall make the sum of one million four | |
| 1078 | - | hundred forty thousand dollars available for domestic violence child | |
| 1079 | - | and family advocates at domestic violence agencies, as defined in | |
| 1080 | - | section 52-146k of the general statutes, whose purpose shall be to Substitute Senate Bill No. 5 | |
| 1081 | 825 | ||
| 1082 | - | Public Act No. 22-82 34 of 34 | |
| 826 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 827 | + | R03-SB.docx } | |
| 828 | + | 23 of 33 | |
| 1083 | 829 | ||
| 1084 | - | provide trauma-informed services to children and families experiencing | |
| 1085 | - | domestic violence. For purposes of this section, "trauma-informed | |
| 1086 | - | services" means services directed by a thorough understanding of the | |
| 1087 | - | neurological, biological, psychological and social effects of trauma and | |
| 1088 | - | violence on a person. | |
| 830 | + | responsibilities under this section. 677 | |
| 831 | + | (e) It shall not be a defense to a complaint of discrimination under 678 | |
| 832 | + | this section, filed in accordance with section 46a-82, that the conduct was 679 | |
| 833 | + | not severe or pervasive. Conduct constitutes an unlawful 680 | |
| 834 | + | discriminatory practice when the conduct subjects an individual to 681 | |
| 835 | + | inferior terms, conditions or privileges of employment because of the 682 | |
| 836 | + | individual's protected characteristic. The fact that such individual did 683 | |
| 837 | + | not make a complaint about the discrimination to an employer, licensing 684 | |
| 838 | + | agency, employment agency or labor organization shall not be 685 | |
| 839 | + | determinative of whether such employer, licensing agency, 686 | |
| 840 | + | employment agency or labor organization shall be liable. It shall be an 687 | |
| 841 | + | affirmative defense that the harassing conduct complained of does not 688 | |
| 842 | + | rise above the level of what a reasonable person would consider 689 | |
| 843 | + | discrimination. 690 | |
| 844 | + | (f) No settlement or agreement resolving a complaint of 691 | |
| 845 | + | discriminatory practice between an employer and a current or past 692 | |
| 846 | + | employee or job applicant shall: (1) Prohibit, prevent or otherwise 693 | |
| 847 | + | restrict the right of such current or past employee or job applicant from 694 | |
| 848 | + | obtaining future employment with the employer or any parent 695 | |
| 849 | + | company, subsidiary, division, affiliate or contractor of the employer, or 696 | |
| 850 | + | (2) include a prohibition on disparagement or disclosure by such 697 | |
| 851 | + | employee as a condition for employment, continued employment, 698 | |
| 852 | + | promotion, compensation or benefit or as a condition for resolving or 699 | |
| 853 | + | investigating a complaint of discrimination. 700 | |
| 854 | + | (g) No settlement or agreement between an employer and a current 701 | |
| 855 | + | or past employee shall restrict such employee from filing a complaint 702 | |
| 856 | + | with the Equal Employment Opportunity Commission, with the 703 | |
| 857 | + | Commission on Human Rights and Opportunities, or, in state or federal 704 | |
| 858 | + | court, testifying or otherwise participating in a state or federal agency 705 | |
| 859 | + | investigation related to a claim of discrimination or otherwise pursuing 706 | |
| 860 | + | such employee's rights under state or federal discrimination laws. 707 | |
| 861 | + | Sec. 11. Subsection (c) of section 10a-55c of the general statutes is 708 Substitute Bill No. 5 | |
| 862 | + | ||
| 863 | + | ||
| 864 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 865 | + | R03-SB.docx } | |
| 866 | + | 24 of 33 | |
| 867 | + | ||
| 868 | + | repealed and the following is substituted in lieu thereof (Effective October 709 | |
| 869 | + | 1, 2022): 710 | |
| 870 | + | (c) For purposes of this section "sexual harassment" means with 711 | |
| 871 | + | respect to an individual enrolled at an institution of higher education, 712 | |
| 872 | + | any unwelcome sexual advances or requests for sexual favors or any 713 | |
| 873 | + | conduct of a sexual nature by an agent or employee of an institution of 714 | |
| 874 | + | higher education when (1) submission to such conduct is made either 715 | |
| 875 | + | explicitly or implicitly a term or condition of an individual's academic 716 | |
| 876 | + | success, (2) submission to or rejection of such conduct by an individual 717 | |
| 877 | + | is used as the basis for educational decisions affecting such individual, 718 | |
| 878 | + | or (3) such conduct has the purpose or effect of [substantially] 719 | |
| 879 | + | interfering with an individual's academic performance or creating an 720 | |
| 880 | + | intimidating or hostile educational environment. 721 | |
| 881 | + | Sec. 12. Subdivision (5) of subsection (a) of section 31-40y of the 722 | |
| 882 | + | general statutes is repealed and the following is substituted in lieu 723 | |
| 883 | + | thereof (Effective October 1, 2022): 724 | |
| 884 | + | (5) "Sexual harassment" means any unwelcome sexual advances, 725 | |
| 885 | + | requests for sexual favors or any other conduct of a sexual nature when 726 | |
| 886 | + | (A) submission to such conduct is made either explicitly or implicitly a 727 | |
| 887 | + | term or condition of an intern's internship; (B) submission to or rejection 728 | |
| 888 | + | of such conduct by an intern or an individual seeking an internship is 729 | |
| 889 | + | used as the basis for workplace decisions affecting such intern or 730 | |
| 890 | + | individual; or (C) such conduct has the purpose or effect of 731 | |
| 891 | + | [substantially] interfering with an intern's work performance or creating 732 | |
| 892 | + | an intimidating, hostile or offensive working environment. 733 | |
| 893 | + | Sec. 13. Section 46a-58 of the general statutes is repealed and the 734 | |
| 894 | + | following is substituted in lieu thereof (Effective October 1, 2022): 735 | |
| 895 | + | (a) It shall be a discriminatory practice in violation of this section for 736 | |
| 896 | + | any person to subject, or cause to be subjected, any other person to the 737 | |
| 897 | + | deprivation of any rights, privileges or immunities, secured or protected 738 | |
| 898 | + | by the Constitution or laws of this state or of the United States, on 739 Substitute Bill No. 5 | |
| 899 | + | ||
| 900 | + | ||
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| 903 | + | 25 of 33 | |
| 904 | + | ||
| 905 | + | account of religion, national origin, alienage, color, race, sex, gender 740 | |
| 906 | + | identity or expression, sexual orientation, blindness, mental disability, 741 | |
| 907 | + | physical disability, [or] status as a veteran or status as a victim of family 742 | |
| 908 | + | violence. 743 | |
| 909 | + | (b) Any person who intentionally desecrates any public property, 744 | |
| 910 | + | monument or structure, or any religious object, symbol or house of 745 | |
| 911 | + | religious worship, or any cemetery, or any private structure not owned 746 | |
| 912 | + | by such person, shall be in violation of subsection (a) of this section. For 747 | |
| 913 | + | the purposes of this subsection, "desecrate" means to mar, deface or 748 | |
| 914 | + | damage as a demonstration of irreverence or contempt. 749 | |
| 915 | + | (c) Any person who places a burning cross or a simulation thereof on 750 | |
| 916 | + | any public property, or on any private property without the written 751 | |
| 917 | + | consent of the owner, and with intent to intimidate or harass any other 752 | |
| 918 | + | person or group of persons, shall be in violation of subsection (a) of this 753 | |
| 919 | + | section. 754 | |
| 920 | + | (d) Any person who places a noose or a simulation thereof on any 755 | |
| 921 | + | public property, or on any private property without the written consent 756 | |
| 922 | + | of the owner, and with intent to intimidate or harass any other person 757 | |
| 923 | + | on account of religion, national origin, alienage, color, race, sex, gender 758 | |
| 924 | + | identity or expression, sexual orientation, blindness, mental disability, 759 | |
| 925 | + | physical disability, [or] status as a veteran or status as a victim of family 760 | |
| 926 | + | violence, shall be in violation of subsection (a) of this section. 761 | |
| 927 | + | (e) (1) Except as provided in subdivision (2) of this subsection, any 762 | |
| 928 | + | person who violates any provision of this section shall be guilty of a 763 | |
| 929 | + | class A misdemeanor and shall be fined not less than one thousand 764 | |
| 930 | + | dollars, except that if property is damaged as a consequence of such 765 | |
| 931 | + | violation in an amount in excess of one thousand dollars, such person 766 | |
| 932 | + | shall be guilty of a class D felony and shall be fined not less than one 767 | |
| 933 | + | thousand dollars. 768 | |
| 934 | + | (2) Any person who violates the provisions of this section by 769 | |
| 935 | + | intentionally desecrating a house of religious worship (A) shall be guilty 770 Substitute Bill No. 5 | |
| 936 | + | ||
| 937 | + | ||
| 938 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
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| 940 | + | 26 of 33 | |
| 941 | + | ||
| 942 | + | of a class D felony and shall be fined not less than one thousand dollars 771 | |
| 943 | + | if property is damaged as a consequence of such violation in an amount 772 | |
| 944 | + | up to and including ten thousand dollars, and (B) shall be guilty of a 773 | |
| 945 | + | class C felony and shall be fined not less than three thousand dollars if 774 | |
| 946 | + | the property damaged as a consequence of such violation is in an 775 | |
| 947 | + | amount in excess of ten thousand dollars. 776 | |
| 948 | + | (3) The minimum amount of any fine imposed by the provisions of 777 | |
| 949 | + | this section may not be remitted or reduced by the court unless the court 778 | |
| 950 | + | states on the record its reasons for remitting or reducing such fine. 779 | |
| 951 | + | (4) The court may order restitution for any victim of a violation of this 780 | |
| 952 | + | section pursuant to subsection (c) of section 53a-28. 781 | |
| 953 | + | Sec. 14. Subsection (a) of section 46a-59 of the general statutes is 782 | |
| 954 | + | repealed and the following is substituted in lieu thereof (Effective October 783 | |
| 955 | + | 1, 2022): 784 | |
| 956 | + | (a) It shall be a discriminatory practice in violation of this section for 785 | |
| 957 | + | any association, board or other organization the principal purpose of 786 | |
| 958 | + | which is the furtherance of the professional or occupational interests of 787 | |
| 959 | + | its members, whose profession, trade or occupation requires a state 788 | |
| 960 | + | license, to refuse to accept a person as a member of such association, 789 | |
| 961 | + | board or organization because of his race, national origin, creed, sex, 790 | |
| 962 | + | gender identity or expression, color, [or] status as a veteran or status as 791 | |
| 963 | + | a victim of family violence. 792 | |
| 964 | + | Sec. 15. Subsection (a) of section 46a-64 of the general statutes is 793 | |
| 965 | + | repealed and the following is substituted in lieu thereof (Effective October 794 | |
| 966 | + | 1, 2022): 795 | |
| 967 | + | (a) It shall be a discriminatory practice in violation of this section: (1) 796 | |
| 968 | + | To deny any person within the jurisdiction of this state full and equal 797 | |
| 969 | + | accommodations in any place of public accommodation, resort or 798 | |
| 970 | + | amusement because of race, creed, color, national origin, ancestry, sex, 799 | |
| 971 | + | gender identity or expression, marital status, age, lawful source of 800 | |
| 972 | + | income, intellectual disability, mental disability, physical disability, 801 Substitute Bill No. 5 | |
| 973 | + | ||
| 974 | + | ||
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| 977 | + | 27 of 33 | |
| 978 | + | ||
| 979 | + | including, but not limited to, blindness or deafness, [or] status as a 802 | |
| 980 | + | veteran or status as a victim of family violence, of the applicant, subject 803 | |
| 981 | + | only to the conditions and limitations established by law and applicable 804 | |
| 982 | + | alike to all persons; (2) to discriminate, segregate or separate on account 805 | |
| 983 | + | of race, creed, color, national origin, ancestry, sex, gender identity or 806 | |
| 984 | + | expression, marital status, age, lawful source of income, intellectual 807 | |
| 985 | + | disability, mental disability, learning disability, physical disability, 808 | |
| 986 | + | including, but not limited to, blindness or deafness, [or] status as a 809 | |
| 987 | + | veteran or status as a victim of family violence; (3) for a place of public 810 | |
| 988 | + | accommodation, resort or amusement to restrict or limit the right of a 811 | |
| 989 | + | mother to breast-feed her child; (4) for a place of public accommodation, 812 | |
| 990 | + | resort or amusement to fail or refuse to post a notice, in a conspicuous 813 | |
| 991 | + | place, that any blind, deaf or mobility impaired person, accompanied by 814 | |
| 992 | + | his guide dog wearing a harness or an orange-colored leash and collar, 815 | |
| 993 | + | may enter such premises or facilities; or (5) to deny any blind, deaf or 816 | |
| 994 | + | mobility impaired person or any person training a dog as a guide dog 817 | |
| 995 | + | for a blind person or a dog to assist a deaf or mobility impaired person, 818 | |
| 996 | + | accompanied by his guide dog or assistance dog, full and equal access 819 | |
| 997 | + | to any place of public accommodation, resort or amusement. Any blind, 820 | |
| 998 | + | deaf or mobility impaired person or any person training a dog as a guide 821 | |
| 999 | + | dog for a blind person or a dog to assist a deaf or mobility impaired 822 | |
| 1000 | + | person may keep his guide dog or assistance dog with him at all times 823 | |
| 1001 | + | in such place of public accommodation, resort or amusement at no extra 824 | |
| 1002 | + | charge, provided the dog wears a harness or an orange-colored leash 825 | |
| 1003 | + | and collar and is in the direct custody of such person. The blind, deaf or 826 | |
| 1004 | + | mobility impaired person or person training a dog as a guide dog for a 827 | |
| 1005 | + | blind person or a dog to assist a deaf or mobility impaired person shall 828 | |
| 1006 | + | be liable for any damage done to the premises or facilities by his dog. 829 | |
| 1007 | + | For purposes of this subdivision, "guide dog" or "assistance dog" 830 | |
| 1008 | + | includes a dog being trained as a guide dog or assistance dog and 831 | |
| 1009 | + | "person training a dog as a guide dog for a blind person or a dog to assist 832 | |
| 1010 | + | a deaf or mobility impaired person" means a person who is employed 833 | |
| 1011 | + | by and authorized to engage in designated training activities by a guide 834 | |
| 1012 | + | dog organization or assistance dog organization that complies with the 835 | |
| 1013 | + | criteria for membership in a professional association of guide dog or 836 Substitute Bill No. 5 | |
| 1014 | + | ||
| 1015 | + | ||
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| 1018 | + | 28 of 33 | |
| 1019 | + | ||
| 1020 | + | assistance dog schools and who carries photographic identification 837 | |
| 1021 | + | indicating such employment and authorization. 838 | |
| 1022 | + | Sec. 16. Subdivision (1) of subsection (a) of section 46a-64c of the 839 | |
| 1023 | + | general statutes is repealed and the following is substituted in lieu 840 | |
| 1024 | + | thereof (Effective October 1, 2022) 841 | |
| 1025 | + | (1) To refuse to sell or rent after the making of a bona fide offer, or to 842 | |
| 1026 | + | refuse to negotiate for the sale or rental of, or otherwise make 843 | |
| 1027 | + | unavailable or deny, a dwelling to any person because of race, creed, 844 | |
| 1028 | + | color, national origin, ancestry, sex, gender identity or expression, 845 | |
| 1029 | + | marital status, age, lawful source of income, familial status, [or] status 846 | |
| 1030 | + | as a veteran or status as a victim of family violence. 847 | |
| 1031 | + | Sec. 17. Subsection (a) of section 46a-66 of the general statutes is 848 | |
| 1032 | + | repealed and the following is substituted in lieu thereof (Effective October 849 | |
| 1033 | + | 1, 2022): 850 | |
| 1034 | + | (a) It shall be a discriminatory practice in violation of this section for 851 | |
| 1035 | + | any creditor to discriminate on the basis of sex, gender identity or 852 | |
| 1036 | + | expression, age, race, color, religious creed, national origin, ancestry, 853 | |
| 1037 | + | marital status, intellectual disability, learning disability, blindness, 854 | |
| 1038 | + | physical disability, [or] status as a veteran or status as a victim of 855 | |
| 1039 | + | domestic violence against any person eighteen years of age or over in 856 | |
| 1040 | + | any credit transaction. 857 | |
| 1041 | + | Sec. 18. Subsection (a) of section 46a-70 of the general statutes is 858 | |
| 1042 | + | repealed and the following is substituted in lieu thereof (Effective October 859 | |
| 1043 | + | 1, 2022): 860 | |
| 1044 | + | (a) State officials and supervisory personnel shall recruit, appoint, 861 | |
| 1045 | + | assign, train, evaluate and promote state personnel on the basis of merit 862 | |
| 1046 | + | and qualifications, without regard for race, color, religious creed, sex, 863 | |
| 1047 | + | gender identity or expression, marital status, age, national origin, 864 | |
| 1048 | + | ancestry, status as a veteran, status as a victim of family violence, 865 | |
| 1049 | + | intellectual disability, mental disability, learning disability or physical 866 | |
| 1050 | + | disability, including, but not limited to, blindness, unless it is shown by 867 Substitute Bill No. 5 | |
| 1051 | + | ||
| 1052 | + | ||
| 1053 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
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| 1055 | + | 29 of 33 | |
| 1056 | + | ||
| 1057 | + | such state officials or supervisory personnel that such disability 868 | |
| 1058 | + | prevents performance of the work involved. 869 | |
| 1059 | + | Sec. 19. Subsection (a) of section 46a-71 of the general statutes is 870 | |
| 1060 | + | repealed and the following is substituted in lieu thereof (Effective October 871 | |
| 1061 | + | 1, 2022): 872 | |
| 1062 | + | (a) All services of every state agency shall be performed without 873 | |
| 1063 | + | discrimination based upon race, color, religious creed, sex, gender 874 | |
| 1064 | + | identity or expression, marital status, age, national origin, ancestry, 875 | |
| 1065 | + | intellectual disability, mental disability, learning disability, physical 876 | |
| 1066 | + | disability, including, but not limited to, blindness, [or] status as a 877 | |
| 1067 | + | veteran or status as a victim of family violence. 878 | |
| 1068 | + | Sec. 20. Subsection (b) of section 46a-72 of the general statutes is 879 | |
| 1069 | + | repealed and the following is substituted in lieu thereof (Effective October 880 | |
| 1070 | + | 1, 2022): 881 | |
| 1071 | + | (b) Any job request indicating an intention to exclude any person 882 | |
| 1072 | + | because of race, color, religious creed, sex, gender identity or expression, 883 | |
| 1073 | + | marital status, age, national origin, ancestry, status as a veteran, status 884 | |
| 1074 | + | as a victim of family violence, intellectual disability, mental disability, 885 | |
| 1075 | + | learning disability or physical disability, including, but not limited to, 886 | |
| 1076 | + | blindness, shall be rejected, unless it is shown by such public or private 887 | |
| 1077 | + | employers that such disability prevents performance of the work 888 | |
| 1078 | + | involved. 889 | |
| 1079 | + | Sec. 21. Subsection (a) of section 46a-73 of the general statutes is 890 | |
| 1080 | + | repealed and the following is substituted in lieu thereof (Effective October 891 | |
| 1081 | + | 1, 2022): 892 | |
| 1082 | + | (a) No state department, board or agency may grant, deny or revoke 893 | |
| 1083 | + | the license or charter of any person on the grounds of race, color, 894 | |
| 1084 | + | religious creed, sex, gender identity or expression, marital status, age, 895 | |
| 1085 | + | national origin, ancestry, status as a veteran, status as a victim of family 896 | |
| 1086 | + | violence, intellectual disability, mental disability, learning disability or 897 | |
| 1087 | + | physical disability, including, but not limited to, blindness, unless it is 898 Substitute Bill No. 5 | |
| 1088 | + | ||
| 1089 | + | ||
| 1090 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
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| 1092 | + | 30 of 33 | |
| 1093 | + | ||
| 1094 | + | shown by such state department, board or agency that such disability 899 | |
| 1095 | + | prevents performance of the work involved. 900 | |
| 1096 | + | Sec. 22. Subsection (a) of section 46a-75 of the general statutes is 901 | |
| 1097 | + | repealed and the following is substituted in lieu thereof (Effective October 902 | |
| 1098 | + | 1, 2022): 903 | |
| 1099 | + | (a) All educational, counseling, and vocational guidance programs 904 | |
| 1100 | + | and all apprenticeship and on-the-job training programs of state 905 | |
| 1101 | + | agencies, or in which state agencies participate, shall be open to all 906 | |
| 1102 | + | qualified persons, without regard to race, color, religious creed, sex, 907 | |
| 1103 | + | gender identity or expression, marital status, age, national origin, 908 | |
| 1104 | + | ancestry, intellectual disability, mental disability, learning disability, 909 | |
| 1105 | + | physical disability, including, but not limited to, blindness, [or] status 910 | |
| 1106 | + | as a veteran or status as a victim of family violence. 911 | |
| 1107 | + | Sec. 23. Subsection (a) of section 46a-76 of the general statutes is 912 | |
| 1108 | + | repealed and the following is substituted in lieu thereof (Effective October 913 | |
| 1109 | + | 1, 2022): 914 | |
| 1110 | + | (a) Race, color, religious creed, sex, gender identity or expression, 915 | |
| 1111 | + | marital status, age, national origin, ancestry, intellectual disability, 916 | |
| 1112 | + | mental disability, learning disability, physical disability, including, but 917 | |
| 1113 | + | not limited to, blindness, [or] status as a veteran or status as a victim of 918 | |
| 1114 | + | family violence, shall not be considered as limiting factors in state-919 | |
| 1115 | + | administered programs involving the distribution of funds to qualify 920 | |
| 1116 | + | applicants for benefits authorized by law. 921 | |
| 1117 | + | Sec. 24. Subdivision (1) of subsection (a) of section 4a-60 of the 2022 922 | |
| 1118 | + | supplement to the general statutes is repealed and the following is 923 | |
| 1119 | + | substituted in lieu thereof (Effective October 1, 2022): 924 | |
| 1120 | + | (1) The contractor agrees and warrants that in the performance of the 925 | |
| 1121 | + | contract such contractor will not discriminate or permit discrimination 926 | |
| 1122 | + | against any person or group of persons on the grounds of race, color, 927 | |
| 1123 | + | religious creed, age, marital status, national origin, ancestry, sex, gender 928 | |
| 1124 | + | identity or expression, status as a veteran, intellectual disability, mental 929 Substitute Bill No. 5 | |
| 1125 | + | ||
| 1126 | + | ||
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| 1129 | + | 31 of 33 | |
| 1130 | + | ||
| 1131 | + | disability or physical disability, including, but not limited to, blindness, 930 | |
| 1132 | + | unless it is shown by such contractor that such disability prevents 931 | |
| 1133 | + | performance of the work involved, in any manner prohibited by the 932 | |
| 1134 | + | laws of the United States or of the state of Connecticut; and the 933 | |
| 1135 | + | contractor further agrees to take affirmative action to ensure that 934 | |
| 1136 | + | applicants with job-related qualifications are employed and that 935 | |
| 1137 | + | employees are treated when employed without regard to their race, 936 | |
| 1138 | + | color, religious creed, age, marital status, national origin, ancestry, sex, 937 | |
| 1139 | + | gender identity or expression, status as a veteran, status as a victim of 938 | |
| 1140 | + | family violence, intellectual disability, mental disability or physical 939 | |
| 1141 | + | disability, including, but not limited to, blindness, unless it is shown by 940 | |
| 1142 | + | such contractor that such disability prevents performance of the work 941 | |
| 1143 | + | involved; 942 | |
| 1144 | + | Sec. 25. Subsection (c) of section 10a-55x of the 2022 supplement to 943 | |
| 1145 | + | the general statutes is repealed and the following is substituted in lieu 944 | |
| 1146 | + | thereof (Effective October 1, 2022): 945 | |
| 1147 | + | (c) Each institution of higher education shall ensure that every 946 | |
| 1148 | + | member of the campus mental health coalition is educated about the (1) 947 | |
| 1149 | + | mental health services and programs offered at each campus by such 948 | |
| 1150 | + | institution, (2) role and function of the campus mental health coalition 949 | |
| 1151 | + | at such institution, and (3) protocols and techniques to respond to 950 | |
| 1152 | + | student mental illness that have been developed with consideration 951 | |
| 1153 | + | given to the students' race, cultural background, sexual orientation, 952 | |
| 1154 | + | gender identity, religion, socio-economic status or status as a veteran, 953 | |
| 1155 | + | status as a victim of family violence or service member of the armed 954 | |
| 1156 | + | forces of the United States. 955 | |
| 1157 | + | Sec. 26. (Effective July 1, 2022) The sum of one million four hundred 956 | |
| 1158 | + | forty thousand dollars is appropriated to the Department of Social 957 | |
| 1159 | + | Services from the General Fund, for the fiscal year ending June 30, 2023, 958 | |
| 1160 | + | for domestic violence child and family advocates at domestic violence 959 | |
| 1161 | + | agencies, as defined in section 52-146k of the general statutes. 960 | |
| 1162 | + | Sec. 27. (Effective July 1, 2022) The sum of one million four hundred 961 Substitute Bill No. 5 | |
| 1163 | + | ||
| 1164 | + | ||
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| 1167 | + | 32 of 33 | |
| 1168 | + | ||
| 1169 | + | forty thousand dollars appropriated in section 26 of this act to the 962 | |
| 1170 | + | Department of Social Services, for the fiscal year ending June 30, 2023, 963 | |
| 1171 | + | shall be made available for domestic violence child and family 964 | |
| 1172 | + | advocates at domestic violence agencies, as defined in section 52-146k 965 | |
| 1173 | + | of the general statutes, whose purpose shall be to provide trauma-966 | |
| 1174 | + | informed services to children and families experiencing domestic 967 | |
| 1175 | + | violence. For purposes of this section, "trauma-informed services" 968 | |
| 1176 | + | means services directed by a thorough understanding of the 969 | |
| 1177 | + | neurological, biological, psychological and social effects of trauma and 970 | |
| 1178 | + | violence on a person. 971 | |
| 1179 | + | This act shall take effect as follows and shall amend the following | |
| 1180 | + | sections: | |
| 1181 | + | ||
| 1182 | + | Section 1 October 1, 2022 New section | |
| 1183 | + | Sec. 2 October 1, 2022 New section | |
| 1184 | + | Sec. 3 October 1, 2022 New section | |
| 1185 | + | Sec. 4 October 1, 2022 New section | |
| 1186 | + | Sec. 5 from passage New section | |
| 1187 | + | Sec. 6 July 1, 2022 New section | |
| 1188 | + | Sec. 7 October 1, 2022 46a-51(10) | |
| 1189 | + | Sec. 8 October 1, 2022 46a-54 | |
| 1190 | + | Sec. 9 October 1, 2022 46a-56(a) | |
| 1191 | + | Sec. 10 October 1, 2022 46a-60 | |
| 1192 | + | Sec. 11 October 1, 2022 10a-55c(c) | |
| 1193 | + | Sec. 12 October 1, 2022 31-40y(a)(5) | |
| 1194 | + | Sec. 13 October 1, 2022 46a-58 | |
| 1195 | + | Sec. 14 October 1, 2022 46a-59(a) | |
| 1196 | + | Sec. 15 October 1, 2022 46a-64(a) | |
| 1197 | + | Sec. 16 October 1, 2022 46a-64c(a)(1) | |
| 1198 | + | Sec. 17 October 1, 2022 46a-66(a) | |
| 1199 | + | Sec. 18 October 1, 2022 46a-70(a) | |
| 1200 | + | Sec. 19 October 1, 2022 46a-71(a) | |
| 1201 | + | Sec. 20 October 1, 2022 46a-72(b) | |
| 1202 | + | Sec. 21 October 1, 2022 46a-73(a) | |
| 1203 | + | Sec. 22 October 1, 2022 46a-75(a) | |
| 1204 | + | Sec. 23 October 1, 2022 46a-76(a) | |
| 1205 | + | Sec. 24 October 1, 2022 4a-60(a)(1) | |
| 1206 | + | Sec. 25 October 1, 2022 10a-55x(c) Substitute Bill No. 5 | |
| 1207 | + | ||
| 1208 | + | ||
| 1209 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00005- | |
| 1210 | + | R03-SB.docx } | |
| 1211 | + | 33 of 33 | |
| 1212 | + | ||
| 1213 | + | Sec. 26 July 1, 2022 New section | |
| 1214 | + | Sec. 27 July 1, 2022 New section | |
| 1215 | + | ||
| 1216 | + | ||
| 1217 | + | JUD Joint Favorable Subst. | |
| 1218 | + | APP Joint Favorable | |
| 1089 | 1219 |