Connecticut 2022 Regular Session

Connecticut Senate Bill SB00420 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 420
	4	+	LCO No. 2953 1 of 5
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	6	+	General Assembly Raised Bill No. 420
8	7		February Session, 2022
	8	+	LCO No. 2953
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	10	+
	11	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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	13	+
	14	+	Introduced by:
	15	+	(LAB)
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12	20		AN ACT CONCERNING THE STATE WORKFORCE AND
13	21		DISCRIMINATION AND RETALIATION IN THE WORKPLACE.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. (NEW) (Effective January 1, 2023) As used in this section and 1
18	26		section 2 of this act: 2
19	27		(1) "Manager" means any managerial employee as defined in section 3
20	28		5-270 of the general statutes; 4
21	29		(2) "Covered employee" means any employee, as defined in section 5-5
22	30		270 of the general statutes, other than a manager; 6
23	31		(3) "State employer" means any employer as defined in section 5-270 7
24	32		of the general statutes; and 8
25	33		(4) "Discrimination" means any adverse action with respect to any 9
26	34		employee taken in whole or in part due to the race, color, religious creed, 10
27	35		sex, gender identity or expression, marital status, age, national origin, 11
28	36		ancestry, status as a veteran, intellectual disability, mental disability, 12
29		-	learning disability or physical disability. 13
	37	+	learning disability or physical disability. 13 Raised Bill No. 420
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30	43		Sec. 2. (NEW) (Effective January 1, 2023) (a) Each state employer shall 14
31	44		adopt a zero-tolerance policy for using managerial authority for 15
32	45		discrimination or retaliation against those who complain of 16
33		-	discrimination. Such policy shall: (1) Specifically forbid any manager 17 Substitute Bill No. 420
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	46	+	discrimination. Such policy shall: (1) Specifically forbid any manager 17
40	47		from retaliating or discriminating against an employee who complains 18
41	48		of discrimination; (2) include performance and other sanctions against 19
42	49		managers who dissuade or seek to dissuade employees from filing such 20
43	50		complaints; and (3) include performance and other sanctions against 21
44	51		managerial authorities who fail to objectively and fully investigate such 22
45	52		complaints consistent with identified procedures following an incident, 23
46	53		including, but not limited to, notifications to the complainant regarding 24
47	54		the status and outcome of the complaint investigation. 25
48		-	(b) Each state employer shall ~~ensure~~ that it is safe for employees to 26
	55	+	(b) Each state employer shall assure that it is safe for employees to 26
49	56		formally or informally raise any complaint concerning the use of 27
50	57		managerial authority in violation of the provisions of subsection (a) of 28
51	58		this section. No state employer shall take or threaten to take any 29
52	59		personnel action, or otherwise discriminate against, any employee 30
53	60		because such employee has formally or informally raised such 31
54	61		complaint. 32
55	62		(c) Any state employer who takes any action against a covered 33
56	63		employee in violation of this section shall be deemed to have committed 34
57	64		a discriminatory employment practice, as defined in section 46a-60 of 35
58	65		the general statutes, and to be in violation of section 31-51m of the 36
59	66		general statutes. Any employee who brings any action under any of 37
60	67		these sections may recover, in addition to all other damages available 38
61		-	under such section, ~~treble~~ damages for any employment losses. 39
	68	+	under such section, triple damages for any employment losses. 39
62	69		(d) Discharge or other termination of any employee in violation of 40
63	70		this section shall be conclusively presumed to create irreparable harm 41
64	71		for purposes of any temporary or permanent injunction action that may 42
65	72		be brought to redress such violation, and it shall be irrebuttably 43
66	73		presumed that there is not adequate remedy at law. The doctrine of 44
67	74		exhaustion of administrative remedies shall not apply in any action to 45
68		-	redress a discharge or other termination of employment. Any required 46
	75	+	redress a discharge or other termination of employment. Any required 46 Raised Bill No. 420
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	78	+
	79	+	LCO No. 2953 3 of 5
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69	81		initial notice for any action under this section shall include the 47
70	82		Connecticut Commission on Human Rights and Opportunities and the 48
71		-	commission may intervene as a matter of right in any such proceeding. 49 Substitute Bill No. 420
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	83	+	commission may intervene as a matter of right in any such proceeding. 49
78	84		Sec. 3. (NEW) (Effective January 1, 2023) (a) There is established an 50
79	85		Office of the Racial Justice Ombudsperson that shall: (1) Establish 51
80	86		common working definitions for all key terms and descriptors to lay the 52
81	87		foundation for the work; (2) institute a diverse slate initiative that 53
82	88		requires Black or African American and Hispanic or Latinx not simply 54
83	89		be among those considered, but prioritized for interviews for roles or 55
84	90		positions using an external or internal hiring or promotional process 56
85	91		that would require the hiring manager, or entity, to screen and interview 57
86	92		all candidates using a standard antiracist screening and interview 58
87	93		protocol that scores applicant answers; (3) create a structure or 59
88	94		mechanism for the delivery of antiracism and bias trainings to all state 60
89	95		employees, managers, state vendors and consultants; (4) track 61
90	96		participation in such trainings in a manner that facilitates 62
91	97		disaggregation of the data by position or title, length of state service and 63
92	98		demographic profile; (5) design a culture and climate survey to assess 64
93	99		the physical, racial, linguistic and cultural safety of all persons in an 65
94	100		agency, and the extent to which each person feels valued and believes 66
95	101		the agency's policies and practices are equitable and just; (6) submit a 67
96	102		theory of action and plan for making constant progress towards 68
97	103		eliminating systemic racism in state government, and implementing 69
98	104		strategies and structures to maintain a workplace that (A) affords 70
99	105		physical, racial, linguistic and cultural safety, and (B) privileges the 71
100	106		ability of all employees to challenge racism and aggressions; (7) assure 72
101	107		that all employees get a full and fair hearing of grievances, without fear 73
102		-	of retaliation, and ~~ensure~~ fair and racially just outcomes; (8) foster a 74
	108	+	of retaliation, and assure fair and racially just outcomes; (8) foster a 74
103	109		workplace where managerial authorities are accountable to lead and 75
104	110		model antiracist practices and make changes needed to ensure an 76
105	111		antiracist, equitable workplace for all; (9) track and review the 77
106	112		performance review process and protocols, as well as performance 78
107	113		reviews, to identify discrepancies between white workers and black and 79
108		-	brown workers in terms of education, time in position, job education 80
	114	+	brown workers in terms of education, time in position, job education 80 Raised Bill No. 420
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	118	+	LCO No. 2953 4 of 5
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109	120		provided, opportunities for professional development and growth to 81
110	121		immediately create remediation plans to address racial disparities; (10) 82
111	122		analyze and recommend solutions to hiring, training and promotion 83
112		-	practices which have resulted in ten thousand-dollar-pay differentials 84 Substitute Bill No. 420
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	123	+	practices which have resulted in ten thousand-dollar-pay differentials 84
119	124		between black and white workers; (11) focus on specific and actionable 85
120	125		steps that those with supervisory or managerial authority can 86
121	126		implement within their workplace to eliminate their unconscious or 87
122	127		conscious racial biases; and (12) review complaints and discipline 88
123	128		administered and recommend remediation plans where evidence of 89
124	129		disparate discipline, responses to complaints and manner of 90
125	130		investigation differed by employee race. 91
126	131		(b) (1) The Racial Justice Ombudsperson shall (A) be appointed by a 92
127	132		mutual agreement of the State Employees Bargaining Agent Coalition 93
128	133		Racial Justice Committee and the Governor, and (B) be an expert in 94
129	134		matters relating to the history, root causes, manifestations and 95
130	135		persistent effects of racism. 96
131	136		(2) The Racial Justice Ombudsperson shall report to a joint committee 97
132	137		consisting of (A) the State Employees Bargaining Agent Coalition Racial 98
133	138		Justice Committee, (B) the Governor, or the Governor's designee, and 99
134	139		(C) the joint standing committee of the General Assembly having 100
135	140		cognizance of matters relating to public employees. 101
136	141		This act shall take effect as follows and shall amend the following
137	142		sections:
138	143
139	144		Section 1 January 1, 2023 New section
140	145		Sec. 2 January 1, 2023 New section
141	146		Sec. 3 January 1, 2023 New section
142	147
143		-	Statement of Legislative Commissioners:
144		-	In Section 2(b), "assure" was changed to "ensure" for accuracy, in Section
145		-	2(c), "triple damages" was changed to "treble damages" for accuracy,
146		-	and in Section 3(a)(7), "assure" was changed to "ensure" for accuracy.
	148	+	Statement of Purpose:
	149	+	To implement a state-level policy that prohibits managerial or
	150	+	supervisory authorities from retaliating or discriminating against an
	151	+	employee who complains about discrimination.
	152	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	153	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	154	+	underlined.] Raised Bill No. 420
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148		-	LAB Joint Favorable Subst. -LCO
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	158	+	LCO No. 2953 5 of 5
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149	160