LCO No. 5264 1 of 12
General Assembly Raised Bill No. 6861
January Session, 2023
LCO No. 5264
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT ADOPTING THE RECOMMENDATIONS OF THE TASK
FORCE TO STUDY THE STATE WORKFORCE AND RETIRING
EMPLOYEES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section and 1
section 2 of this act: 2
(1) "Managerial employee" has the same meaning as provided in 3
section 5-270 of the general statutes; 4
(2) "Employee" has the same meaning as provided in section 5-270 of 5
the general statutes, except that it does not include a manager; 6
(3) "State employer" has the same meaning as provided in section 5-7
270 of the general statutes; 8
(4) "Discrimination" means any discriminatory practice as defined in 9
section 46a-51 of the general statutes; and 10
(5) "State Employees Bargaining Agent Coalition" means the entity 11
with the authority to engage in coalition bargaining as set forth in 12 Raised Bill No. 6861
LCO No. 5264 2 of 12
subsection (f) of section 5-278 of the general statutes. 13
Sec. 2. (NEW) (Effective January 1, 2024) (a) Each state employer shall 14
adopt a zero-tolerance policy that prohibits the use of managerial 15
authority to discriminate or retaliate against employees who complain 16
of discrimination in the workplace. Such policy shall specifically forbid 17
any managerial employee from retaliating or discriminating against an 18
employee who complains of discrimination and shall include 19
performance sanctions and other sanctions against any managerial 20
employee who (1) dissuades or seeks to dissuade an employee from 21
filing a complaint, or (2) fails to objectively and properly investigate 22
such complaints in accordance with prescribed procedures and 23
protocols following the raising of such complaint, including, but not 24
limited to, notifications to the complaining employee regarding the 25
status and outcome of the complaint investigation. 26
(b) (1) Each state employer shall assure employees that it is safe for 27
such employees to formally or informally raise a complaint concerning 28
the use of managerial authority in violation of subsection (a) of this 29
section. 30
(2) No state employer shall take, or threaten to take, any personnel 31
action or otherwise discriminate against any employee because such 32
employee has formally or informally raised such complaint. 33
(c) In any action brought by an employee for a violation of any 34
provision of chapter 814c of the general statutes, or section 31-41m of 35
the general statutes, in addition to all other damages available under 36
said chapter and section, the employee shall be awarded double 37
damages for any employment losses. 38
(d) Discharge or other termination of any employee in violation of 39
subsection (b) of this section shall be presumed to create irreparable 40
harm for purposes of any temporary or permanent injunction action that 41
may be brought to redress such violation, and there shall be an 42
irrebuttable presumption that there is no adequate remedy at law. The 43
doctrine of exhaustion of administrative remedies shall not apply in any 44 Raised Bill No. 6861
LCO No. 5264 3 of 12
action to redress a discharge or other termination of employment. Any 45
initial notice required for an action under this section shall include 46
service on the Connecticut Commission on Human Rights and 47
Opportunities and the commission may intervene as a matter of right in 48
any such proceeding. 49
Sec. 3. (NEW) (Effective from passage) (a) Not later than August 1, 2023, 50
and annually thereafter, the commissioner of each state agency shall 51
conduct an analysis of employee retention rates within such 52
commissioner's agency. Such analysis shall include a comparison of the 53
agency's employee retention rate with the state's year-to-year data, as 54
well as with the findings in the report entitled "The State of Connecticut 55
Workforce: An Analysis of Representation and Compensation Equity 56
Across Gender and Race-Ethnicity". Each commissioner shall submit 57
such analysis to the Governor, the joint standing committee of the 58
General Assembly having cognizance of matters relating to labor and 59
public employees, in accordance with the provisions of section 11-4a of 60
the general statutes, and the Chief Diversity, Equity and Inclusion 61
Officer, established pursuant to section 5 of this act. 62
(b) (1) Not later than August 1, 2023, the human resources 63
departments for each branch of state government, including all state 64
agencies, shall develop a universal exit survey that includes specific 65
data points that give an overall view of the state's workplace conditions 66
to be distributed and collected by such departments. 67
(2) The human resources departments shall analyze the results of 68
such surveys and submit a report to the Chief Diversity, Equity and 69
Inclusion Officer. 70
Sec. 4. (NEW) (Effective from passage) (a) The commissioners of each 71
state agency shall collaborate with representatives of each State 72
Employee Bargaining Agent Coalition constituent union under the 73
savings and transformation provisions of the State Employee 74
Bargaining Agent Coalition agreement to develop a strategic plan to 75
examine (1) the positions and position types they recommend to be 76 Raised Bill No. 6861
LCO No. 5264 4 of 12
replaced as they are, and (2) the positions they recommend be replaced 77
with a different type of position because the (A) function has changed, 78
and (B) the need has changed, based on current state agency needs and 79
current workforce capacity and ability. 80
(b) The commissioners shall report such plan, in accordance with the 81
provisions of section 11-4a of the general statutes, to the Governor and 82
the joint standing committee of the General Assembly having 83
cognizance of matters relating to labor and public employees. 84
(c) The process to create the plan pursuant to subsection (a) of this 85
section shall involve representatives of each State Employee Bargaining 86
Agent Coalition constituent union under the savings and 87
transformation provisions of the State Employee Bargaining Agent 88
Coalition agreement. 89
Sec. 5. (NEW) (Effective from passage) There shall be a Chief Diversity, 90
Equity and Inclusion Officer who is responsible for overseeing a 91
transformative hiring process in state government. The Chief Diversity, 92
Equity and Inclusion Officer shall be appointed by the Equity Advisory 93
Committee, established pursuant to section 7 of this act, with the 94
approval of the General Assembly, and shall report to the Equity 95
Advisory Committee. 96
Sec. 6. (NEW) (Effective from passage) (a) Within thirty days of the 97
effective date of this section, the commissioner of each state agency shall 98
address its diversity needs by (1) reviewing the: "The State of 99
Connecticut Workforce: An Analysis of Representation and 100
Compensation Equity Across Gender and Race-Ethnicity", and (2) 101
conducting an assessment of such commissioner's agency. Such 102
assessment shall be used to inform how such agency shall address any 103
racial or gender disparities, including a review of such agency's 104
recruitment strategies. 105
(b) Such assessment shall include, but need not be limited to (1) the 106
recruitment and retention rates of women and people of color at such 107
agency during the previous five years, and (2) such agency's plan for 108 Raised Bill No. 6861
LCO No. 5264 5 of 12
achieving an appropriate and fair balance in filling vacancies left by 109
retiring employees. 110
(c) Not later than three months after commencing such assessment, 111
the commissioner of each state agency shall submit the assessment to 112
the Governor, the General Assembly, the Chief Diversity, Equity and 113
Inclusion Officer and the Equity Advisory Committee, established in 114
section 7 of this act. 115
Sec. 7. (NEW) (Effective from passage) (a) There is established an Equity 116
Advisory Committee responsible for monitoring (1) whether state 117
agencies are implementing the recommendations issued in the study of 118
equity in state government programs and actions required under 119
section 81 of public act 21-2 of the June special session, and (2) whether 120
the assessment goals pursuant to section 6 of this act are being met by 121
state agencies. 122
(b) The committee shall consist of the following members: (1) Seven 123
members appointed by representatives of each State Employee 124
Bargaining Agent Coalition constituent union, (2) one member 125
appointed by the Governor, (3) the executive director of the Commission 126
on Human Rights and Opportunities, or the executive director's 127
designee, (4) two members appointed by the executive director of the 128
Commission on Human Rights and Opportunities, (5) three members 129
appointed by the Black and Puerto Rican Caucus of the General 130
Assembly, and (6) four members appointed from the current task force 131
to study the state workforce and retiring employees, consisting of (A) 132
one member appointed by each chairperson, and (B) one member 133
appointed by each ranking member. 134
(c) Not later than six months after its establishment, the Equity 135
Advisory Committee shall appoint a Chief Diversity, Equity and 136
Inclusion Officer. The committee shall annually evaluate the 137
benchmarks for success and evaluation in order to evaluate the work of 138
the chosen Chief Diversity, Equity and Inclusion Officer. 139
Sec. 8. (NEW) (Effective from passage) The commissioner of each state 140 Raised Bill No. 6861
LCO No. 5264 6 of 12
agency shall submit to the Governor, the joint standing committee of the 141
General Assembly having cognizance of matters relating to labor and 142
public employees, in accordance with section 11-4a of the general 143
statutes, and the Commission on Human Rights and Opportunities, (1) 144
a list of (A) training and professional development programs currently 145
offered within the commissioner's agency, and (B) the rate of employee 146
participation in such programs during the previous three years, 147
including the number of employees currently participating, and the 148
number of employees who completed such programs , and (2) a 149
description of such agency's plan to increase participation in such 150
programs. 151
Sec. 9. (NEW) (Effective from passage) The Labor Department shall 152
provide to the Governor, the joint standing committee of the General 153
Assembly having cognizance of matters relating to labor and public 154
employees, in accordance with section 11-4a of the general statutes, and 155
the Commission on Human Rights and Opportunities a list of (1) 156
existing career pathway programs, including high school-to-career 157
pathway programs, vocational-technical school pathways, internships 158
and post-graduate fellowships, modeled after other federal and state 159
programs that encourage the training-to-workforce or college-to-160
workforce transition for a range of state employee classes and positions, 161
(2) the agencies participating in such programs, and (3) the number of 162
people enrolled in such programs. 163
Sec. 10. (NEW) (Effective from passage) The Commissioner of 164
Administrative Services shall conduct a feasibility study of establishing 165
a paid internship program for high school and college students. In 166
conducting such study, the commissioner may consult with leaders of 167
nonprofit agencies and community advocates. 168
Sec. 11. Subsection (p) of section 5-200 of the general statutes is 169
repealed and the following is substituted in lieu thereof (Effective July 1, 170
2023): 171
(p) When such authority is not otherwise conferred by statute, the 172 Raised Bill No. 6861
LCO No. 5264 7 of 12
commissioner shall issue orders to provide that (1) executive or judicial 173
department employees exempt from the classified service or not 174
included in any prevailing bargaining unit contract, except unclassified 175
employees of any board of trustees of the constituent units of higher 176
education, be granted rights, [and] benefits and wages, with movement 177
within salary ranges, not less than those granted to employees in the 178
classified service or covered under such contracts, or (2) retirement 179
benefits for state employees exempt from the classified service or not 180
included in any prevailing bargaining unit contract be adjusted to 181
provide retirement benefits for such employees which are the same as 182
those most frequently provided under the terms of approved bargaining 183
unit contracts in effect at the time of such adjustment. When such 184
authority is not otherwise conferred by statute, the board of trustees of 185
any constituent unit of the state system of higher education may issue 186
orders to provide that the unclassified employees of such board be 187
granted rights and benefits not less than those granted to employees of 188
the board who are covered under a prevailing bargaining unit contract. 189
Where there is a conflict between an order granting such rights and 190
benefits and any provision of the general statutes, such order shall 191
prevail. Such orders shall be subject to the approval of the Secretary of 192
the Office of Policy and Management. If the secretary approves such 193
order, and such order is in conflict with any provision of the general 194
statutes, the secretary shall forward a copy of such order to the joint 195
committee of the General Assembly having cognizance of labor matters. 196
Sec. 12. (NEW) (Effective from passage) The Secretary of the Office of 197
Policy and Management shall consult with the State Employees 198
Bargaining Agent Coalition in order to: (1) Allow all employees to 199
continue working beyond the July 1, 2022, deadline for retirement 200
without the applicable cost-of-living adjustment or retiree health care 201
changes until one month following the hiring of the employee's 202
replacement for the purpose of training and transitioning the new 203
employee in the position; and (2) to reduce the retirement incentive 204
caused by the 2022 changes in a way that would not materially decrease 205
the savings attributable to such changes. 206 Raised Bill No. 6861
LCO No. 5264 8 of 12
Sec. 13. (Effective from passage) (a) There is established an account to 207
be known as the "state employee training account" to provide funds for 208
career development of state employees, which shall be a nonlapsing 209
account held by the Treasurer separate and apart from all other moneys, 210
funds and accounts. 211
(b) An amount equal to two per cent of the state payroll shall be 212
deposited into the state employee training account. 213
(c) The moneys in the state employee training account may be used 214
for funding: (1) The cost of obtaining certifications or education 215
necessary for promotional opportunities; (2) the cost of trainings, 216
seminars or conferences that will assist participating employees in 217
promotional opportunities; (3) programs to assist employees who do not 218
otherwise qualify for federal or state job training programs to overcome 219
promotional barriers; and (4) any other costs that are deemed 220
instrumental to the promotional opportunities of an employee. All state 221
employees shall be eligible to apply for funds. 222
(d) The state employee training account shall be administered 223
through a joint labor management committee that consists of equal 224
members of labor and management. Labor members shall be appointed 225
by the State Employees Bargaining Agent Coalition, as set forth in 226
section 5-278f of the general statutes. Management members shall be 227
appointed proportionally by employers who bargain with the State 228
Employees Bargaining Agent Coalition-covered bargaining units 229
covered under chapter 68 of the general statutes. 230
Sec. 14. (NEW) (Effective January 1, 2024) (a) There is established 231
within the Commission on Human Rights and Opportunities an Office 232
of the Racial Justice Ombudsperson. Such ombudsperson shall (1) 233
establish common working definitions for all key terms and descriptors 234
to lay the foundation for the work, (2) institute a diverse slate initiative 235
that assures that all state employee applicants, regardless of race, creed, 236
color, national origin, or any other protected class under the general 237
statutes, are not disadvantaged among those prioritized for interviews 238 Raised Bill No. 6861
LCO No. 5264 9 of 12
for roles or positions using an external or internal hiring or promotional 239
process that would require the hiring manager, or entity, to screen and 240
interview all candidates using a standard antiracist screening and 241
interview protocol that scores applicant answers, (3) submit a theory of 242
action and plan for making constant progress towards eliminating 243
systemic racism in state government, and implementing strategies and 244
structures to maintain a workplace that (A) affords physical, racial, 245
linguistic and cultural safety, and (B) privileges the ability of all 246
employees to challenge racism and aggressions, (4) assure that all 247
employees get a full and fair hearing of grievances, without fear of 248
retaliation, and assure fair and racially just outcomes, (5) foster a 249
workplace where managerial authorities are accountable to lead and 250
model antiracist practices and make changes needed to ensure an 251
antiracist, equitable workplace for all, (6) track and review the 252
performance review process and protocols, as well as performance 253
reviews, to identify discrepancies between white workers and black and 254
brown workers in terms of education, time in position, job education 255
provided, opportunities for professional development and growth to 256
immediately create remediation plans to address racial disparities, (7) 257
analyze and recommend solutions to hiring, training and promotion 258
practices which have resulted in pay disparities between workers on the 259
basis of protected class status, (8) focus on specific and actionable steps 260
that those with supervisory or managerial authority can implement 261
within their workplace to eliminate their unconscious or conscious 262
racial biases, and (9) review complaints and discipline administered and 263
recommend remediation plans where evidence of disparate discipline, 264
responses to complaints and manner of investigation differed by 265
employee race. 266
(b) (1) The Racial Justice Ombudsperson shall (A) be appointed by 267
the Executive Director of the Commission on Human Rights and 268
Opportunities, upon the advice and consent of the State Employees 269
Bargaining Agent Coalition Racial Justice Committee, and (B) be an 270
expert in matters relating to the history, root causes, manifestations and 271
persistent effects of racism. 272 Raised Bill No. 6861
LCO No. 5264 10 of 12
(2) In addition to reporting to the Executive Director of the 273
Commission on Human Rights and Opportunities, the Racial Justice 274
Ombudsperson shall report to a joint committee consisting of (A) the 275
State Employees Bargaining Agent Coalition Racial Justice Committee, 276
(B) the Governor, or the Governor's designee, and (C) the Equity 277
Advisory Committee created in section 7 of this act. 278
(3) On a quarterly basis, the Racial Justice Ombudsperson shall meet 279
with and submit a written report to the State Employees Bargaining 280
Agent Coalition Racial Justice Committee and the Equity Advisory 281
Committee, established pursuant to section 7 of this act, to discuss the 282
duties and responsibilities of the Racial Justice Ombudsperson, as 283
identified in subsection (a) of this section, and as otherwise directed by 284
the committees. Such written report shall be made available on the 285
Commission on Human Rights and Opportunities' Internet web site. 286
(c) For purposes of tenure and removal of the Ombudsperson, the 287
procedures applicable to a deputy director as set forth in subsection (d) 288
of section 46a-52 of the general statutes shall apply. 289
Sec. 15. (NEW) (Effective January 1, 2024) (a) The Commission on 290
Human Rights and Opportunities shall develop antiracism and bias 291
training for all state employees, managers, state vendors and 292
consultants. 293
(b) Each state employee shall complete a minimum of one hour of 294
training and education related to antiracism and bias not later than six 295
months after their assumption of a position with a state agency. Such 296
training shall include, but not be limited to, how to (1) foster a 297
workplace in which all employees can challenge racism and 298
aggressions, (2) foster a workplace where managerial authorities are 299
accountable to lead and model antiracist practices and make changes 300
needed to ensure an antiracist, equitable workplace for all, (3) conduct 301
a hiring process that is free from conscious bias and that counteracts 302
unconscious bias, and (4) recognize and work to eliminate unconscious 303
or conscious bias. Each state agency shall maintain records of the 304 Raised Bill No. 6861
LCO No. 5264 11 of 12
participation by state employees, managers, state vendors and 305
consultants in such training. 306
(c) The requirements of subsections (a) and (b) of this section shall be 307
accomplished within available appropriations. 308
(d) (1) The commission shall design a culture and climate survey to 309
assess the physical, racial, linguistic and cultural safety of all employees 310
of a state agency, and the extent to which each employee feels valued 311
and believes the agency's policies and practices are equitable and just. 312
(2) Each state agency shall administer such survey to its employees, 313
provided no agency shall compel an employee to take such survey if 314
they choose not to participate. The results of the survey shall be reported 315
to the commission. 316
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 January 1, 2024 New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 from passage New section
Sec. 8 from passage New section
Sec. 9 from passage New section
Sec. 10 from passage New section
Sec. 11 July 1, 2023 5-200(p)
Sec. 12 from passage New section
Sec. 13 from passage New section
Sec. 14 January 1, 2024 New section
Sec. 15 January 1, 2024 New section
Statement of Purpose:
To implement the recommendations of the task force to study the state
workforce and retiring employees. Raised Bill No. 6861
LCO No. 5264 12 of 12
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]