Substitute Senate Bill No. 5
Public Act No. 22-82
AN ACT CONCERNING ONLINE DATING OPERATORS, THE
CREATION OF A GRANT PROGRAM TO REDUCE OCCURRENCES
OF ONLINE ABUSE AND THE PROVISION OF DOMESTIC
VIOLENCE TRAINING AND PROTECTIONS FOR VICTIMS OF
DOMESTIC VIOLENCE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2022) As used in this section and
sections 2 to 5, inclusive, of this act:
(1) "Connecticut user" means a user who provides a Connecticut
home address or zip code when registering with an online dating
operator or a user who is known or determined by an online dating
operator or its online dating platform to be in Connecticut at the time of
registration;
(2) "Criminal background screening" means a name search for an
individual's history of criminal convictions that is conducted by
searching an (A) available and regularly updated government public
record database that in the aggregate provides national coverage for
searching an individual's history of criminal convictions; or (B) a
regularly updated database maintained by a private vendor that
provides national coverage for searching an individual's history of
criminal convictions and sexual offender registries; Substitute Senate Bill No. 5
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(3) "Criminal conviction" means a conviction for a crime in this state,
another state, or under federal law;
(4) "Online dating" means the act of using a digital service to initiate
relationships with other individuals for the purpose of romance, sex or
marriage;
(5) "Online dating operator" means a person who operates a software
application designed to facilitate online dating;
(6) "Online dating platform" means a digital service designed to allow
users to interact through the Internet to participate in online dating; and
(7) "User" means an individual who uses the online dating services of
an online dating operator.
Sec. 2. (NEW) (Effective October 1, 2022) (a) An online dating operator
that does not conduct a criminal background screening on each user
shall, before permitting a Connecticut user to communicate through the
online dating platform with another user, provide the Connecticut user
with a clear and conspicuous notification that the online dating operator
does not conduct a criminal background screening on each user.
(b) An online dating operator that offers services to residents of this
state and conducts a criminal background screening on each user shall,
before permitting a Connecticut user to communicate through the
platform with another user: (1) Provide to the Connecticut user with a
clear and conspicuous notification indicating that the online dating
operator conducts a criminal background screening on each user, which
notification shall include a statement of whether the platform excludes
an individual who is identified as having a criminal conviction and a
statement that a criminal background screening may: (A) Be inaccurate
or incomplete; (B) give a user a false sense of security; and (C) be
circumvented by an individual who has a criminal history; and (2)
include on the online dating platform a notification containing the Substitute Senate Bill No. 5
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information described in subdivision (1) of this subsection.
Sec. 3. (NEW) (Effective October 1, 2022) (a) An online dating operator
that offers services to residents of this state shall clearly and
conspicuously provide a safety awareness notification on the online
dating platform to all Connecticut users that includes a list of safety
measures reasonably designed to increase awareness of safer online
dating practices.
(b) A safety awareness notification described in subsection (a) of this
section shall include the following statements in substantially similar
form:
(1) "Use caution when communicating with a stranger who wants to
meet you.";
(2) "You should not include your last name, electronic mail address,
home address, phone number or any other identifying information in
your online dating profile or electronic mail messages or
communications until you feel comfortable with the other user. Stop
communicating with anyone who pressures you for personal or
financial information or attempts in any way to coerce you into
revealing such information.";
(3) "If you choose to have a face-to-face meeting with another user
who you met on the online dating platform, tell a family member or
friend where you will be meeting and when you will return. You should
not agree to be picked up at your home. Always provide your own
transportation to and from your date and meet in a public place with
many people around."; and
(4) "Anyone who is able to commit identity theft can also falsify a
dating profile."
Sec. 4. (NEW) (Effective October 1, 2022) An online dating operator Substitute Senate Bill No. 5
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providing the notifications required under sections 2 and 3 of this act
shall provide such notification at the time a Connecticut user registers
with the online dating operator by way of a communication, which may
be in the form of electronic mail, text message, push notification, inbox
message or in-product message. Such notifications may be provided in
the same communication. The communication shall not address matters
other than the criminal background screening notification and the safety
awareness notification. In the event that the means of communication is
character limited, the online dating operator may include the full
content of the information by means of a link to a separate Internet web
site, provided such Internet web site does not address matters other than
the notifications required under sections 2 and 3 of this act.
Sec. 5. (NEW) (Effective October 1, 2022) (a) The Department of
Consumer Protection may issue fines of not more than twenty-five
thousand dollars per violation, accept an offer in compromise, or take
other actions permitted by the general statutes or the regulations of
Connecticut state agencies if an online dating operator fails to comply
with the provisions of sections 1 to 4, inclusive, of this act.
(b) The Commissioner of Consumer Protection, or the commissioner's
designee, may conduct investigations and hold hearings on any matter
under the provisions of this section and sections 1 to 4, inclusive, of this
act. The commissioner, or the commissioner's designee, may issue
subpoenas, administer oaths, compel testimony and order the
production of books, records and documents. If any person refuses to
appear, to testify or to produce any book, record or document when so
ordered, upon application of the commissioner or the commissioner's
designee, a judge of the Superior Court may make such order as may be
appropriate to aid in the enforcement of this section.
(c) The Attorney General, at the request of the commissioner or the
commissioner's designee, may apply in the name of the state to the
Superior Court for an order temporarily or permanently restraining and Substitute Senate Bill No. 5
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enjoining any person from violating any provision of this section and
sections 1 to 4, inclusive, of this act.
Sec. 6. (NEW) (Effective July 1, 2022) (a) As used in this section:
(1) "Eligible entity" means any of the following located in this state:
(A) A local or regional school district, (B) a historical society, (C) a tax-
exempt entity registered with the office of the Secretary of the State, (D)
a government agency, (E) a constituent unit of the state system of higher
education, (F) a public library, or (G) any other entity operating under
another entity described in this subdivision; and
(2) "Online abuse" means the following acts, when conducted using
any interactive computer service: (A) Speech or conduct motivated by
hatred, prejudice or bigotry towards a person or group based on the
person's actual or perceived religion, national origin, alienage, color,
race, sex, gender identity or expression, sexual orientation or disability,
(B) harassment, (C) stalking, (D) swatting, (E) doxing, or (F) an assault.
(b) There is established a grant program to provide educational and
training opportunities with the goal of preventing online abuse and
informing individuals about identifying, reporting, responding to and
avoiding online abuse. The grant program shall be administered by the
Department of Emergency Services and Public Protection, in
consultation with the State-Wide Hate Crimes Advisory Council,
established under section 51-279f of the general statutes.
(c) Not later than three months after receiving funds from the state
for any fiscal year, the administrator of the grant program shall issue a
request for proposals from any eligible entity. Each response to the
request for proposals shall: Specify the types of online abuse that the
entity proposes to address in accordance with the purposes of the
program under subsection (b) of this section; the methods used to
achieve the goals of the program; other specific goals of the eligible Substitute Senate Bill No. 5
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entity; the target audience of the training and information that the entity
would provide; whether the eligible entity is replicating a program
found to have a high likelihood of success as determined by a cost-
benefit analysis appearing in a peer reviewed academic journal; and the
amount, if any, of matching funds the eligible entity will contribute.
(d) The department may award grants for any programming or
service that prevents online abuse or furthers the other goals of the
program under subsection (b) of this section, including training teachers
or professionals within schools, archiving, public murals, curriculum
development and marketing. Eligible entities may use the funds
awarded under this subsection collectively, including regionally,
through coordinated efforts and conferences that achieve the goals of
the program.
(e) The department may only award a grant to an eligible entity in an
amount not to exceed thirty thousand dollars during any fiscal year.
Sec. 7. Section 46a-51 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
As used in section 4a-60a and this chapter:
(1) "Blind" refers to an individual whose central visual acuity does
not exceed 20/200 in the better eye with correcting lenses, or whose
visual acuity is greater than 20/200 but is accompanied by a limitation
in the fields of vision such that the widest diameter of the visual field
subtends an angle no greater than twenty degrees;
(2) "Commission" means the Commission on Human Rights and
Opportunities created by section 46a-52;
(3) "Commission legal counsel" means a member of the legal staff
employed by the commission pursuant to section 46a-54, as amended Substitute Senate Bill No. 5
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by this act;
(4) "Commissioner" means a member of the commission;
(5) "Court" means the Superior Court or any judge of said court;
(6) "Discrimination" includes segregation and separation;
(7) "Discriminatory employment practice" means any discriminatory
practice specified in section 46a-60, as amended by this act, or 46a-81c;
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-
60a, 4a-60g, 31-40y, subparagraph (C) of subdivision (15) of section 46a-
54, as amended by this act, subdivisions (16) and (17) of section 46a-54,
as amended by this act, section 46a-58, as amended by this act, 46a-59,
as amended by this act, 46a-60, as amended by this act, 46a-64, as
amended by this act, 46a-64c, 46a-66, as amended by this act, 46a-68,
46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, as amended
by this act, subsection (a) of section 46a-80 or sections 46a-81b to 46a-
81o, inclusive;
(9) "Employee" means any person employed by an employer but shall
not include any individual employed by such individual's parents,
spouse or child. "Employee" includes any elected or appointed official
of a municipality, board, commission, counsel or other governmental
body;
(10) "Employer" includes the state and all political subdivisions
thereof and means any person or employer with [three] one or more
persons in such person's or employer's employ;
(11) "Employment agency" means any person undertaking with or
without compensation to procure employees or opportunities to work;
(12) "Labor organization" means any organization which exists for the
purpose, in whole or in part, of collective bargaining or of dealing with Substitute Senate Bill No. 5
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employers concerning grievances, terms or conditions of employment,
or of other mutual aid or protection in connection with employment;
(13) "Intellectual disability" means intellectual disability as defined in
section 1-1g;
(14) "Person" means one or more individuals, partnerships,
associations, corporations, limited liability companies, legal
representatives, trustees, trustees in bankruptcy, receivers and the state
and all political subdivisions and agencies thereof;
(15) "Physically disabled" refers to any individual who has any
chronic physical handicap, infirmity or impairment, whether congenital
or resulting from bodily injury, organic processes or changes or from
illness, including, but not limited to, epilepsy, deafness or being hard of
hearing or reliance on a wheelchair or other remedial appliance or
device;
(16) "Respondent" means any person alleged in a complaint filed
pursuant to section 46a-82 to have committed a discriminatory practice;
(17) "Discrimination on the basis of sex" includes but is not limited to
discrimination related to pregnancy, child-bearing capacity,
sterilization, fertility or related medical conditions;
(18) "Discrimination on the basis of religious creed" includes but is
not limited to discrimination related to all aspects of religious
observances and practice as well as belief, unless an employer
demonstrates that the employer is unable to reasonably accommodate
to an employee's or prospective employee's religious observance or
practice without undue hardship on the conduct of the employer's
business;
(19) "Learning disability" refers to an individual who exhibits a severe
discrepancy between educational performance and measured Substitute Senate Bill No. 5
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intellectual ability and who exhibits a disorder in one or more of the
basic psychological processes involved in understanding or in using
language, spoken or written, which may manifest itself in a diminished
ability to listen, speak, read, write, spell or to do mathematical
calculations;
(20) "Mental disability" refers to an individual who has a record of, or
is regarded as having one or more mental disorders, as defined in the
most recent edition of the American Psychiatric Association's
"Diagnostic and Statistical Manual of Mental Disorders"; and
(21) "Gender identity or expression" means a person's gender-related
identity, appearance or behavior, whether or not that gender-related
identity, appearance or behavior is different from that traditionally
associated with the person's physiology or assigned sex at birth, which
gender-related identity can be shown by providing evidence including,
but not limited to, medical history, care or treatment of the gender-
related identity, consistent and uniform assertion of the gender-related
identity or any other evidence that the gender-related identity is
sincerely held, part of a person's core identity or not being asserted for
an improper purpose; [.]
(22) "Veteran" means veteran as defined in subsection (a) of section
27-103;
(23) "Race" is inclusive of ethnic traits historically associated with
race, including, but not limited to, hair texture and protective hairstyles;
[and]
(24) "Protective hairstyles" includes, but is not limited to, wigs,
headwraps and hairstyles such as individual braids, cornrows, locs,
twists, Bantu knots, afros and afro puffs; and
(25) "Domestic Violence" has the same meaning as provided in
subsection (b) of section 46b-1. Substitute Senate Bill No. 5
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Sec. 8. Section 46a-54 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective from
passage):
The commission shall have the following powers and duties:
(1) To establish and maintain such offices as the commission may
deem necessary;
(2) To organize the commission into a division of affirmative action
monitoring and contract compliance, a division of discriminatory
practice complaints and such other divisions, bureaus or units as may
be necessary for the efficient conduct of business of the commission;
(3) To employ legal staff and commission legal counsel as necessary
to perform the duties and responsibilities under section 46a-55, as
amended by this act. [One commission legal counsel shall serve as
supervising attorney.] Each commission legal counsel shall be admitted
to practice law in this state;
(4) To appoint such investigators and other employees and agents as
it deems necessary, fix their compensation within the limitations
provided by law and prescribe their duties;
(5) To adopt, publish, amend and rescind regulations consistent with
and to effectuate the provisions of this chapter;
(6) To establish rules of practice to govern, expedite and effectuate
the procedures set forth in this chapter;
(7) To recommend policies and make recommendations to agencies
and officers of the state and local subdivisions of government to
effectuate the policies of this chapter;
(8) To receive, initiate as provided in section 46a-82, investigate and
mediate discriminatory practice complaints; Substitute Senate Bill No. 5
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(9) By itself or with or by hearing officers or human rights referees, to
hold hearings, subpoena witnesses and compel their attendance,
administer oaths, take the testimony of any person under oath and
require the production for examination of any books and papers relating
to any matter under investigation or in question;
(10) To make rules as to the procedure for the issuance of subpoenas
by individual commissioners, hearing officers and human rights
referees;
(11) To require written answers to interrogatories under oath relating
to any complaint under investigation pursuant to this chapter alleging
any discriminatory practice as defined in subdivision (8) of section 46a-
51, as amended by this act, and to adopt regulations, in accordance with
the provisions of chapter 54, for the procedure for the issuance of
interrogatories and compliance with interrogatory requests;
(12) To utilize such voluntary and uncompensated services of private
individuals, agencies and organizations as may from time to time be
offered and needed and with the cooperation of such agencies, (A) to
study the problems of discrimination in all or specific fields of human
relationships, and (B) to foster through education and community effort
or otherwise good will among the groups and elements of the
population of the state;
(13) To require the posting by an employer, employment agency or
labor organization of such notices regarding statutory provisions as the
commission shall provide;
(14) To require the posting, by any respondent or other person subject
to the requirements of section 46a-64, as amended by this act, 46a-64c,
as amended by this act, 46a-81d or 46a-81e, of such notices of statutory
provisions as it deems desirable;
(15) To require an employer having three or more employees to (A) Substitute Senate Bill No. 5
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post in a prominent and accessible location information concerning the
illegality of sexual harassment and remedies available to victims of
sexual harassment; [,] (B) provide, not later than three months after the
employee's start date with the employer, a copy of the information
concerning the illegality of sexual harassment and remedies available to
victims of sexual harassment to each employee by electronic mail with
a subject line that includes the words "Sexual Harassment Policy" or
words of similar import, if (i) the employer has provided an electronic
mail account to the employee, or (ii) the employee has provided the
employer with an electronic mail address, provided if an employer has
not provided an electronic mail account to the employee, the employer
shall post the information concerning the illegality of sexual harassment
and remedies available to victims of sexual harassment on the
employer's Internet web site, if the employer maintains such an Internet
web site. An employer may comply with the requirements of this
subparagraph, by providing an employee with the link to the
commission's Internet web site concerning the illegality of sexual
harassment and the remedies available to victims of sexual harassment
by electronic mail, text message or in writing; and (C) provide two hours
of training and education to employees within one year of October 1,
2019, provided any employer who has provided such training and
education to any such employees after October 1, 2018, shall not be
required to provide such training and education a second time. An
employer having (i) three or more employees, shall provide such
training and education to an employee hired on or after October 1, 2019,
not later than six months after the date of his or her hire, provided the
commission has developed and made available such training and
education materials in accordance with the provisions of subdivision (8)
of subsection (a) of section 46a-56, as amended by this act; or (ii) less
than three employees shall provide such training and education to all
supervisory employees within one year of October 1, 2019, and to all
new supervisory employees within six months of their assumption of a
supervisory position, provided any employer who has provided such Substitute Senate Bill No. 5
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training and education to any such supervisory employees after October
1, 2018, shall not be required to provide such training and education a
second time. Any supervisory employee hired on or after October 1,
2019, by an employer having less than three employees, shall receive
such training and education not later than six months after the date of
his or her hire, provided the commission has developed and made
available such training and education materials in accordance with the
provisions of subdivision (8) of subsection (a) of section 46a-56, as
amended by this act. Such training and education shall include
information concerning the federal and state statutory provisions
concerning sexual harassment and remedies available to victims of
sexual harassment. If an employee has received in-person training
provided by the commission or has taken the no cost online training
provided by the commission on its Internet web site in accordance with
the provisions of subdivision (8) of subsection (a) of section 46a-56, as
amended by this act, while employed by a different employer within the
two years preceding the date of hire, an employer may consider such
prior training to satisfy the training requirements of this section. An
employer who is required to provide training under this subdivision
shall provide periodic supplemental training that updates all
supervisory and nonsupervisory employees on the content of such
training and education not less than every ten years. As used in this
subdivision, "sexual harassment" has the same meaning as provided in
subdivision (8) of subsection (b) of section 46a-60, as amended by this
act, and "employer" includes the General Assembly and "employee"
means any individual employed by an employer , including an
individual employed by such individual's parent, spouse or child;
(16) To require each state agency that employs one or more
employees to (A) provide a minimum of three hours of diversity
training and education (i) to all supervisory and nonsupervisory
employees, not later than July 1, 2002, with priority for such training to
supervisory employees, and (ii) to all newly hired supervisory and Substitute Senate Bill No. 5
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nonsupervisory employees, not later than six months after their
assumption of a position with a state agency, with priority for such
training to supervisory employees. Such training and education shall
include information concerning the federal and state statutory
provisions concerning discrimination and hate crimes directed at
protected classes and remedies available to victims of discrimination
and hate crimes, standards for working with and serving persons from
diverse populations and strategies for addressing differences that may
arise from diverse work environments; and (B) submit an annual report
to the Commission on Human Rights and Opportunities concerning the
status of the diversity training and education required under
subparagraph (A) of this subdivision. The information in such annual
reports shall be reviewed by the commission for the purpose of
submitting an annual summary report to the General Assembly.
Notwithstanding the provisions of this section, if a state agency has
provided such diversity training and education to any of its employees
prior to October 1, 1999, such state agency shall not be required to
provide such training and education a second time to such employees.
The requirements of this subdivision shall be accomplished within
available appropriations. As used in this subdivision, "employee"
includes any part-time employee who works more than twenty hours
per week;
(17) To require each agency to submit information demonstrating its
compliance with subdivision (16) of this section as part of its affirmative
action plan and to receive and investigate complaints concerning the
failure of a state agency to comply with the requirements of subdivision
(16) of this section; [and]
(18) To enter into contracts for and accept grants of private or federal
funds and to accept gifts, donations or bequests, including donations of
service by attorneys; [.]
(19) To require each state agency to provide a minimum of one hour Substitute Senate Bill No. 5
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of training and education related to domestic violence and the resources
available to victims of domestic violence (A) to all employees hired prior
to January 1, 2023, not later than July 1, 2023, and (B) to all employees
hired on or after January 1, 2023, not later than six months after their
assumption of a position with a state agency. Such training and
education shall include information concerning (i) domestic violence,
abuser and victim behaviors; (ii) how domestic violence may impact the
workplace; and (iii) the resources available to victims of domestic
violence. The requirements of this subdivision shall be accomplished
within available appropriations using the training and education
materials made available by the commission in accordance with the
provisions of subdivision (10) of subsection (a) of section 46a-56, as
amended by this act; and
(20) To require an employer having three or more employees to post
in a prominent and accessible location information concerning domestic
violence and the resources available to victims of domestic violence in
Connecticut.
Sec. 9. Subsection (a) of section 46a-56 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) The commission shall:
(1) Investigate the possibilities of affording equal opportunity of
profitable employment to all persons, with particular reference to job
training and placement;
(2) Compile facts concerning discrimination in employment,
violations of civil liberties and other related matters;
(3) Investigate and proceed in all cases of discriminatory practices as
provided in this chapter and noncompliance with the provisions of
section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive; Substitute Senate Bill No. 5
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(4) From time to time, but not less than once a year, report to the
Governor as provided in section 4-60, making recommendations for the
removal of such injustices as it may find to exist and such other
recommendations as it deems advisable and describing the
investigations, proceedings and hearings it has conducted and their
outcome, the decisions it has rendered and the other work it has
performed;
(5) Monitor state contracts to determine whether they are in
compliance with sections 4a-60 and 4a-60a, and those provisions of the
general statutes which prohibit discrimination;
(6) Compile data concerning state contracts with female and minority
business enterprises and submit a report annually to the General
Assembly concerning the employment of such business enterprises as
contractors and subcontractors;
(7) Develop and include on the commission's Internet web site a link
concerning the illegality of sexual harassment, as defined in section 46a-
60, as amended by this act, and the remedies available to victims of
sexual harassment; [and]
(8) Develop and make available at no cost to employers an online
training and education video or other interactive method of training and
education that fulfills the requirements prescribed in subdivision (15) of
section 46a-54, [.] as amended by this act;
(9) Develop, in conjunction with organizations that advocate on
behalf of victims of domestic violence, and include on the commission's
Internet web site a link concerning domestic violence and the resources
available to victims of domestic violence; and
(10) Develop, in conjunction with organizations that advocate on
behalf of victims of domestic violence, and make available at no cost to
each state agency an online training and education video or other Substitute Senate Bill No. 5
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interactive method of training and education that fulfills the
requirements prescribed in subdivision (19) of section 46a-54, as
amended by this act.
Sec. 10. Section 46a-60 of the 2022 supplement to the general statutes
is repealed and the following is substituted in lieu thereof (Effective
October 1, 2022):
(a) As used in this section:
(1) "Pregnancy" means pregnancy, childbirth or a related condition,
including, but not limited to, lactation;
(2) "Reasonable accommodation" means, but is not limited to, being
permitted to sit while working, more frequent or longer breaks, periodic
rest, assistance with manual labor, job restructuring, light duty
assignments, modified work schedules, temporary transfers to less
strenuous or hazardous work, time off to recover from childbirth or
break time and appropriate facilities for expressing breast milk; and
(3) "Undue hardship" means an action requiring significant difficulty
or expense when considered in light of factors such as (A) the nature
and cost of the accommodation; (B) the overall financial resources of the
employer; (C) the overall size of the business of the employer with
respect to the number of employees, and the number, type and location
of its facilities; and (D) the effect on expenses and resources or the
impact otherwise of such accommodation upon the operation of the
employer.
(b) It shall be a discriminatory practice in violation of this section:
(1) For an employer, by the employer or the employer's agent, except
in the case of a bona fide occupational qualification or need, to refuse to
hire or employ or to bar or to discharge from employment any
individual or to discriminate against any individual in compensation or Substitute Senate Bill No. 5
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in terms, conditions or privileges of employment because of the
individual's race, color, religious creed, age, sex, gender identity or
expression, marital status, national origin, ancestry, present or past
history of mental disability, intellectual disability, learning disability,
physical disability, including, but not limited to, blindness, [or] status
as a veteran or status as a victim of domestic violence;
(2) For any employment agency, except in the case of a bona fide
occupational qualification or need, to fail or refuse to classify properly
or refer for employment or otherwise to discriminate against any
individual because of such individual's race, color, religious creed, age,
sex, gender identity or expression, marital status, national origin,
ancestry, present or past history of mental disability, intellectual
disability, learning disability, physical disability, including, but not
limited to, blindness, [or] status as a veteran or status as a victim of
domestic violence;
(3) For a labor organization, because of the race, color, religious creed,
age, sex, gender identity or expression, marital status, national origin,
ancestry, present or past history of mental disability, intellectual
disability, learning disability, physical disability, including, but not
limited to, blindness, [or] status as a veteran or status as a victim of
domestic violence of any individual to exclude from full membership
rights or to expel from its membership such individual or to
discriminate in any way against any of its members or against any
employer or any individual employed by an employer, unless such
action is based on a bona fide occupational qualification;
(4) For any person, employer, labor organization or employment
agency to discharge, expel or otherwise discriminate against any person
because such person has opposed any discriminatory employment
practice or because such person has filed a complaint or testified or
assisted in any proceeding under section 46a-82, 46a-83 or 46a-84; Substitute Senate Bill No. 5
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(5) For any person, whether an employer or an employee or not, to
aid, abet, incite, compel or coerce the doing of any act declared to be a
discriminatory employment practice or to attempt to do so;
(6) For any person, employer, employment agency or labor
organization, except in the case of a bona fide occupational qualification
or need, to advertise employment opportunities in such a manner as to
restrict such employment so as to discriminate against individuals
because of their race, color, religious creed, age, sex, gender identity or
expression, marital status, national origin, ancestry, present or past
history of mental disability, intellectual disability, learning disability,
physical disability, including, but not limited to, blindness, [or] status
as a veteran or status as a victim of domestic violence;
(7) For an employer, by the employer or the employer's agent: (A) To
terminate a woman's employment because of her pregnancy; (B) to
refuse to grant to that employee a reasonable leave of absence for
disability resulting from her pregnancy; (C) to deny to that employee,
who is disabled as a result of pregnancy, any compensation to which
she is entitled as a result of the accumulation of disability or leave
benefits accrued pursuant to plans maintained by the employer; (D) to
fail or refuse to reinstate the employee to her original job or to an
equivalent position with equivalent pay and accumulated seniority,
retirement, fringe benefits and other service credits upon her signifying
her intent to return unless, in the case of a private employer, the
employer's circumstances have so changed as to make it impossible or
unreasonable to do so; (E) to limit, segregate or classify the employee in
a way that would deprive her of employment opportunities due to her
pregnancy; (F) to discriminate against an employee or person seeking
employment on the basis of her pregnancy in the terms or conditions of
her employment; (G) to fail or refuse to make a reasonable
accommodation for an employee or person seeking employment due to
her pregnancy, unless the employer can demonstrate that such Substitute Senate Bill No. 5
Public Act No. 22-82 20 of 34
accommodation would impose an undue hardship on such employer;
(H) to deny employment opportunities to an employee or person
seeking employment if such denial is due to the employee's request for
a reasonable accommodation due to her pregnancy; (I) to force an
employee or person seeking employment affected by pregnancy to
accept a reasonable accommodation if such employee or person seeking
employment (i) does not have a known limitation related to her
pregnancy, or (ii) does not require a reasonable accommodation to
perform the essential duties related to her employment; (J) to require an
employee to take a leave of absence if a reasonable accommodation can
be provided in lieu of such leave; and (K) to retaliate against an
employee in the terms, conditions or privileges of her employment
based upon such employee's request for a reasonable accommodation;
(8) For an employer, by the employer or the employer's agent, for an
employment agency, by itself or its agent, or for any labor organization,
by itself or its agent, to harass any employee, person seeking
employment or member on the basis of sex or gender identity or
expression. If an employer takes immediate corrective action in
response to an employee's claim of sexual harassment, such corrective
action shall not modify the conditions of employment of the employee
making the claim of sexual harassment unless such employee agrees, in
writing, to any modification in the conditions of employment.
"Corrective action" taken by an employer, includes, but is not limited to,
employee relocation, assigning an employee to a different work
schedule or other substantive changes to an employee's terms and
conditions of employment. Notwithstanding an employer's failure to
obtain a written agreement from an employee concerning a modification
in the conditions of employment, the commission may find that
corrective action taken by an employer was reasonable and not of
detriment to the complainant based on the evidence presented to the
commission by the complainant and respondent. As used in this
subdivision, "sexual harassment" means any unwelcome sexual Substitute Senate Bill No. 5
Public Act No. 22-82 21 of 34
advances or requests for sexual favors or any conduct of a sexual nature
when (A) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (B)
submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual, or (C)
such conduct has the purpose or effect of substantially interfering with
an individual's work performance or creating an intimidating, hostile or
offensive working environment;
(9) For an employer, by the employer or the employer's agent, for an
employment agency, by itself or its agent, or for any labor organization,
by itself or its agent, to request or require information from an
employee, person seeking employment or member relating to the
individual's child-bearing age or plans, pregnancy, function of the
individual's reproductive system, use of birth control methods, or the
individual's familial responsibilities, unless such information is directly
related to a bona fide occupational qualification or need, provided an
employer, through a physician may request from an employee any such
information which is directly related to workplace exposure to
substances which may cause birth defects or constitute a hazard to an
individual's reproductive system or to a fetus if the employer first
informs the employee of the hazards involved in exposure to such
substances;
(10) For an employer, by the employer or the employer's agent, after
informing an employee, pursuant to subdivision (9) of this subsection,
of a workplace exposure to substances which may cause birth defects or
constitute a hazard to an employee's reproductive system or to a fetus,
to fail or refuse, upon the employee's request, to take reasonable
measures to protect the employee from the exposure or hazard
identified, or to fail or refuse to inform the employee that the measures
taken may be the subject of a complaint filed under the provisions of
this chapter. Nothing in this subdivision is intended to prohibit an Substitute Senate Bill No. 5
Public Act No. 22-82 22 of 34
employer from taking reasonable measures to protect an employee from
exposure to such substances. For the purpose of this subdivision,
"reasonable measures" shall be those measures which are consistent
with business necessity and are least disruptive of the terms and
conditions of the employee's employment;
(11) For an employer, by the employer or the employer's agent, for an
employment agency, by itself or its agent, or for any labor organization,
by itself or its agent: (A) To request or require genetic information from
an employee, person seeking employment or member, or (B) to
discharge, expel or otherwise discriminate against any person on the
basis of genetic information. For the purpose of this subdivision,
"genetic information" means the information about genes, gene
products or inherited characteristics that may derive from an individual
or a family member;
(12) For an employer, by the employer or the employer's agent, to
request or require a prospective employee's age, date of birth, dates of
attendance at or date of graduation from an educational institution on
an initial employment application, provided the provisions of this
subdivision shall not apply to any employer requesting or requiring
such information (A) based on a bona fide occupational qualification or
need, or (B) when such information is required to comply with any
provision of state or federal law; [.] and
(13) (A) For an employer or the employer's agent to deny an employee
a reasonable leave of absence in order to: (i) Seek attention for injuries
caused by domestic violence including for a child who is a victim of
domestic violence, provided the employee is not the perpetrator of the
domestic violence against the child; (ii) obtain services including safety
planning from a domestic violence agency or rape crisis center, as those
terms are defined in section 52-146k, as a result of domestic violence;
(iii) obtain psychological counseling related to an incident or incidents
of domestic violence, including for a child who is a victim of domestic Substitute Senate Bill No. 5
Public Act No. 22-82 23 of 34
violence, provided the employee is not the perpetrator of the domestic
violence against the child; (iv) take other actions to increase safety from
future incidents of domestic violence, including temporary or
permanent relocation; or (v) obtain legal services, assisting in the
prosecution of the offense, or otherwise participate in legal proceedings
in relation to the incident or incidents of domestic violence.
(B) An employee who is absent from work in accordance with the
provisions of subparagraph (A) of this subdivision shall, within a
reasonable time after the absence, provide a certification to the employer
when requested by the employer. Such certification shall be in the form
of: (i) A police report indicating that the employee or the employee's
child was a victim of domestic violence; (ii) a court order protecting or
separating the employee or employee's child from the perpetrator of an
act of domestic violence; (iii) other evidence from the court or
prosecuting attorney that the employee appeared in court; or (iv)
documentation from a medical professional, domestic violence
counselor, as defined in section 52-146k, or other health care provider,
that the employee or the employee's child was receiving services,
counseling or treatment for physical or mental injuries or abuse
resulting in victimization from an act of domestic violence.
(C) Where an employee has a physical or mental disability resulting
from an incident or series of incidents of domestic violence, such
employee shall be treated in the same manner as an employee with any
other disability.
(D) To the extent permitted by law, employers shall maintain the
confidentiality of any information regarding an employee's status as a
victim of domestic violence.
(c) (1) The provisions of this section concerning age shall not apply
to: (A) The termination of employment of any person with a contract of
unlimited tenure at an independent institution of higher education who Substitute Senate Bill No. 5
Public Act No. 22-82 24 of 34
is mandatorily retired, on or before July 1, 1993, after having attained
the age of seventy; (B) the termination of employment of any person
who has attained the age of sixty-five and who, for the two years
immediately preceding such termination, is employed in a bona fide
executive or a high policy-making position, if such person is entitled to
an immediate nonforfeitable annual retirement benefit under a pension,
profit-sharing, savings or deferred compensation plan, or any
combination of such plans, from such person's employer, which equals,
in aggregate, at least forty-four thousand dollars; (C) the termination of
employment of persons in occupations, including police work and fire-
fighting, in which age is a bona fide occupational qualification; (D) the
operation of any bona fide apprenticeship system or plan; or (E) the
observance of the terms of a bona fide seniority system or any bona fide
employee benefit plan for retirement, pensions or insurance which is not
adopted for the purpose of evading said provisions, except that no such
plan may excuse the failure to hire any individual and no such system
or plan may require or permit the termination of employment on the
basis of age. No such plan which covers less than twenty employees may
reduce the group hospital, surgical or medical insurance coverage
provided under the plan to any employee who has reached the age of
sixty-five and is eligible for Medicare benefits or any employee's spouse
who has reached age sixty-five and is eligible for Medicare benefits
except to the extent such coverage is provided by Medicare. The terms
of any such plan which covers twenty or more employees shall entitle
any employee who has attained the age of sixty-five and any employee's
spouse who has attained the age of sixty-five to group hospital, surgical
or medical insurance coverage under the same conditions as any
covered employee or spouse who is under the age of sixty-five.
(2) No employee retirement or pension plan may exclude any
employee from membership in such plan or cease or reduce the
employee's benefit accruals or allocations under such plan on the basis
of age. The provisions of this subdivision shall be applicable to plan Substitute Senate Bill No. 5
Public Act No. 22-82 25 of 34
years beginning on or after January 1, 1988, except that for any
collectively bargained plan this subdivision shall be applicable on the
earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of
the collective bargaining agreement, or (ii) January 1, 1988.
(3) The provisions of this section concerning age shall not prohibit an
employer from requiring medical examinations for employees for the
purpose of determining such employees' physical qualification for
continued employment.
(4) Any employee who continues employment beyond the normal
retirement age in the applicable retirement or pension plan shall give
notice of intent to retire, in writing, to such employee's employer not
less than thirty days prior to the date of such retirement.
(d) (1) An employer shall provide written notice of the right to be free
from discrimination in relation to pregnancy, childbirth and related
conditions, including the right to a reasonable accommodation to the
known limitations related to pregnancy pursuant to subdivision (7) of
subsection (b) of this section to: (A) New employees at the
commencement of employment; (B) existing employees within one
hundred twenty days after the effective date of this section; and (C) any
employee who notifies the employer of her pregnancy within ten days
of such notification. An employer may comply with the provisions of
this section by displaying a poster in a conspicuous place, accessible to
employees, at the employer's place of business that contains the
information required by this section in both English and Spanish. The
Labor Commissioner may adopt regulations, in accordance with
chapter 54, to establish additional requirements concerning the means
by which employers shall provide such notice.
(2) The Commission on Human Rights and Opportunities shall
develop courses of instruction and conduct ongoing public education
efforts as necessary to inform employers, employees, employment Substitute Senate Bill No. 5
Public Act No. 22-82 26 of 34
agencies and persons seeking employment about their rights and
responsibilities under this section.
Sec. 11. Section 46a-58 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2022):
(a) It shall be a discriminatory practice in violation of this section for
any person to subject, or cause to be subjected, any other person to the
deprivation of any rights, privileges or immunities, secured or protected
by the Constitution or laws of this state or of the United States, on
account of religion, national origin, alienage, color, race, sex, gender
identity or expression, sexual orientation, blindness, mental disability,
physical disability, [or] status as a veteran or status as a victim of
domestic violence.
(b) Any person who intentionally desecrates any public property,
monument or structure, or any religious object, symbol or house of
religious worship, or any cemetery, or any private structure not owned
by such person, shall be in violation of subsection (a) of this section. For
the purposes of this subsection, "desecrate" means to mar, deface or
damage as a demonstration of irreverence or contempt.
(c) Any person who places a burning cross or a simulation thereof on
any public property, or on any private property without the written
consent of the owner, and with intent to intimidate or harass any other
person or group of persons, shall be in violation of subsection (a) of this
section.
(d) Any person who places a noose or a simulation thereof on any
public property, or on any private property without the written consent
of the owner, and with intent to intimidate or harass any other person
on account of religion, national origin, alienage, color, race, sex, gender
identity or expression, sexual orientation, blindness, mental disability,
physical disability, [or] status as a veteran or status as a victim of Substitute Senate Bill No. 5
Public Act No. 22-82 27 of 34
domestic violence, shall be in violation of subsection (a) of this section.
(e) (1) Except as provided in subdivision (2) of this subsection, any
person who violates any provision of this section shall be guilty of a
class A misdemeanor and shall be fined not less than one thousand
dollars, except that if property is damaged as a consequence of such
violation in an amount in excess of one thousand dollars, such person
shall be guilty of a class D felony and shall be fined not less than one
thousand dollars.
(2) Any person who violates the provisions of this section by
intentionally desecrating a house of religious worship (A) shall be guilty
of a class D felony and shall be fined not less than one thousand dollars
if property is damaged as a consequence of such violation in an amount
up to and including ten thousand dollars, and (B) shall be guilty of a
class C felony and shall be fined not less than three thousand dollars if
the property damaged as a consequence of such violation is in an
amount in excess of ten thousand dollars.
(3) The minimum amount of any fine imposed by the provisions of
this section may not be remitted or reduced by the court unless the court
states on the record its reasons for remitting or reducing such fine.
(4) The court may order restitution for any victim of a violation of this
section pursuant to subsection (c) of section 53a-28.
Sec. 12. Subsection (a) of section 46a-59 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) It shall be a discriminatory practice in violation of this section for
any association, board or other organization the principal purpose of
which is the furtherance of the professional or occupational interests of
its members, whose profession, trade or occupation requires a state
license, to refuse to accept a person as a member of such association, Substitute Senate Bill No. 5
Public Act No. 22-82 28 of 34
board or organization because of his race, national origin, creed, sex,
gender identity or expression, color, [or] status as a veteran or status as
a victim of domestic violence.
Sec. 13. Subsection (a) of section 46a-64 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) It shall be a discriminatory practice in violation of this section: (1)
To deny any person within the jurisdiction of this state full and equal
accommodations in any place of public accommodation, resort or
amusement because of race, creed, color, national origin, ancestry, sex,
gender identity or expression, marital status, age, lawful source of
income, intellectual disability, mental disability, physical disability,
including, but not limited to, blindness or deafness, [or] status as a
veteran or status as a victim of domestic violence, of the applicant,
subject only to the conditions and limitations established by law and
applicable alike to all persons; (2) to discriminate, segregate or separate
on account of race, creed, color, national origin, ancestry, sex, gender
identity or expression, marital status, age, lawful source of income,
intellectual disability, mental disability, learning disability, physical
disability, including, but not limited to, blindness or deafness, [or] status
as a veteran or status as a victim of domestic violence; (3) for a place of
public accommodation, resort or amusement to restrict or limit the right
of a mother to breast-feed her child; (4) for a place of public
accommodation, resort or amusement to fail or refuse to post a notice,
in a conspicuous place, that any blind, deaf or mobility impaired person,
accompanied by his guide dog wearing a harness or an orange-colored
leash and collar, may enter such premises or facilities; or (5) to deny any
blind, deaf or mobility impaired person or any person training a dog as
a guide dog for a blind person or a dog to assist a deaf or mobility
impaired person, accompanied by his guide dog or assistance dog, full
and equal access to any place of public accommodation, resort or Substitute Senate Bill No. 5
Public Act No. 22-82 29 of 34
amusement. Any blind, deaf or mobility impaired person or any person
training a dog as a guide dog for a blind person or a dog to assist a deaf
or mobility impaired person may keep his guide dog or assistance dog
with him at all times in such place of public accommodation, resort or
amusement at no extra charge, provided the dog wears a harness or an
orange-colored leash and collar and is in the direct custody of such
person. The blind, deaf or mobility impaired person or person training
a dog as a guide dog for a blind person or a dog to assist a deaf or
mobility impaired person shall be liable for any damage done to the
premises or facilities by his dog. For purposes of this subdivision, "guide
dog" or "assistance dog" includes a dog being trained as a guide dog or
assistance dog and "person training a dog as a guide dog for a blind
person or a dog to assist a deaf or mobility impaired person" means a
person who is employed by and authorized to engage in designated
training activities by a guide dog organization or assistance dog
organization that complies with the criteria for membership in a
professional association of guide dog or assistance dog schools and who
carries photographic identification indicating such employment and
authorization.
Sec. 14. Subdivision (1) of subsection (a) of section 46a-64c of the
general statutes is repealed and the following is substituted in lieu
thereof (Effective October 1, 2022)
(1) To refuse to sell or rent after the making of a bona fide offer, or to
refuse to negotiate for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person because of race, creed,
color, national origin, ancestry, sex, gender identity or expression,
marital status, age, lawful source of income, familial status, [or] status
as a veteran or status as a victim of domestic violence.
Sec. 15. Subsection (a) of section 46a-66 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022): Substitute Senate Bill No. 5
Public Act No. 22-82 30 of 34
(a) It shall be a discriminatory practice in violation of this section for
any creditor to discriminate on the basis of sex, gender identity or
expression, age, race, color, religious creed, national origin, ancestry,
marital status, intellectual disability, learning disability, blindness,
physical disability, [or] status as a veteran or status as a victim of
domestic violence against any person eighteen years of age or over in
any credit transaction.
Sec. 16. Subsection (a) of section 46a-70 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) State officials and supervisory personnel shall recruit, appoint,
assign, train, evaluate and promote state personnel on the basis of merit
and qualifications, without regard for race, color, religious creed, sex,
gender identity or expression, marital status, age, national origin,
ancestry, status as a veteran, status as a victim of domestic violence,
intellectual disability, mental disability, learning disability or physical
disability, including, but not limited to, blindness, unless it is shown by
such state officials or supervisory personnel that such disability
prevents performance of the work involved.
Sec. 17. Subsection (a) of section 46a-71 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) All services of every state agency shall be performed without
discrimination based upon race, color, religious creed, sex, gender
identity or expression, marital status, age, national origin, ancestry,
intellectual disability, mental disability, learning disability, physical
disability, including, but not limited to, blindness, [or] status as a
veteran or status as a victim of domestic violence.
Sec. 18. Subsection (b) of section 46a-72 of the general statutes is Substitute Senate Bill No. 5
Public Act No. 22-82 31 of 34
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(b) Any job request indicating an intention to exclude any person
because of race, color, religious creed, sex, gender identity or expression,
marital status, age, national origin, ancestry, status as a veteran, status
as a victim of domestic violence, intellectual disability, mental disability,
learning disability or physical disability, including, but not limited to,
blindness, shall be rejected, unless it is shown by such public or private
employers that such disability prevents performance of the work
involved.
Sec. 19. Subsection (a) of section 46a-73 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) No state department, board or agency may grant, deny or revoke
the license or charter of any person on the grounds of race, color,
religious creed, sex, gender identity or expression, marital status, age,
national origin, ancestry, status as a veteran, status as a victim of
domestic violence, intellectual disability, mental disability, learning
disability or physical disability, including, but not limited to, blindness,
unless it is shown by such state department, board or agency that such
disability prevents performance of the work involved.
Sec. 20. Subsection (a) of section 46a-75 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) All educational, counseling, and vocational guidance programs
and all apprenticeship and on-the-job training programs of state
agencies, or in which state agencies participate, shall be open to all
qualified persons, without regard to race, color, religious creed, sex,
gender identity or expression, marital status, age, national origin, Substitute Senate Bill No. 5
Public Act No. 22-82 32 of 34
ancestry, intellectual disability, mental disability, learning disability,
physical disability, including, but not limited to, blindness, [or] status
as a veteran or status as a victim of domestic violence.
Sec. 21. Subsection (a) of section 46a-76 of the general statutes is
repealed and the following is substituted in lieu thereof (Effective October
1, 2022):
(a) Race, color, religious creed, sex, gender identity or expression,
marital status, age, national origin, ancestry, intellectual disability,
mental disability, learning disability, physical disability, including, but
not limited to, blindness, [or] status as a veteran or status as a victim of
domestic violence, shall not be considered as limiting factors in state-
administered programs involving the distribution of funds to qualify
applicants for benefits authorized by law.
Sec. 22. Section 46a-55 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
(a) The executive director [, through the supervising attorney,] shall
assign a commission legal counsel to represent the commission in any
proceeding wherein any state agency or state officer is an adversary
party and in such other matters as the commission and the Attorney
General may jointly prescribe.
(b) The executive director [, through the supervising attorney,] may
assign a commission legal counsel to represent the commission in any
hearing or appeal under subparagraph (A) of subdivision (2) of
subsection (e) of section 4-61dd. Commission legal counsel may
intervene as a matter of right in any such hearing or appeal without
permission of the parties, a hearing officer or the court.
(c) The executive director [, through the supervising attorney,] may,
within available appropriations, assign a commission legal counsel to
bring a civil action concerning an alleged discriminatory practice, in Substitute Senate Bill No. 5
Public Act No. 22-82 33 of 34
accordance with this subsection, in lieu of an administrative hearing
pursuant to section 46a-84, when the executive director determines that
a civil action is in the public interest and if the parties to the
administrative hearing mutually agree, in writing, to the bringing of
such civil action by commission legal counsel. The commission legal
counsel shall bring such a civil action in the Superior Court not later
than ninety days following the date the commission legal counsel
notifies the parties of the executive director's determination. Such civil
action may be served by certified mail and shall not be subject to the
provisions of section 46a-100, 46a-101 or 46a-102. The jurisdiction of the
Superior Court in an action brought under this subsection shall be
limited to such claims, counterclaims, defenses or the like that could be
presented at an administrative hearing before the commission, had the
complaint remained with the commission for disposition. A
complainant may intervene as a matter of right without permission of
the court or the parties. The civil action shall be tried to the court without
a jury. If the commission legal counsel determines that the interests of
the state will not be adversely affected, the complainant or attorney for
the complainant shall present all or part of the case in support of the
complaint. The court may grant any relief available under section 46a-
104. Where the Superior Court finds that a respondent has committed a
discriminatory practice, the court shall grant the commission its fees and
costs and award the commission a civil penalty, not exceeding ten
thousand dollars, provided such discriminatory practice has been
established by clear and convincing evidence, which shall be payable to
the commission and used by the commission to advance the public
interest in eliminating discrimination.
Sec. 23. (Effective July 1, 2022) For the fiscal year ending June 30, 2023,
the Department of Social Services shall make the sum of one million four
hundred forty thousand dollars available for domestic violence child
and family advocates at domestic violence agencies, as defined in
section 52-146k of the general statutes, whose purpose shall be to Substitute Senate Bill No. 5
Public Act No. 22-82 34 of 34
provide trauma-informed services to children and families experiencing
domestic violence. For purposes of this section, "trauma-informed
services" means services directed by a thorough understanding of the
neurological, biological, psychological and social effects of trauma and
violence on a person.