LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-R01-
HB.docx
1 of 7
General Assembly Substitute Bill No. 6861
January Session, 2023
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 managerial 6
employee; 7
(3) "State employer" has the same meaning as provided in section 5-8
270 of the general statutes; 9
(4) "Discrimination" means a violation of section 4a-60, 4a-60a, 4a-60g 10
or 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, subparagraph 11
(C) of subdivision (15) of section 46a-54, subdivisions (16) and (17) of 12
section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66 or 13
46a-68, sections 46a-68c to 46a-68f, inclusive, or sections 46a-70 to 46a-14
78, inclusive, subsection (a) of section 46a-80, sections 46a-81b to 46a-15 Substitute Bill No. 6861
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-
R01-HB.docx }
2 of 7
81o, inclusive, sections 46a-80b to 46a-80e, inclusive, or sections 46a-80k 16
to 46a-80m, inclusive, of the general statutes; and 17
(5) "State Employees Bargaining Agent Coalition" means the entity 18
with the authority to engage in coalition bargaining as set forth in 19
subsection (f) of section 5-278 of the general statutes. 20
Sec. 2. (NEW) (Effective January 1, 2024) (a) Each state employer shall 21
adopt a zero-tolerance policy that prohibits the use of managerial 22
authority to discriminate or retaliate against employees who complain 23
of discrimination in the workplace. Such policy shall specifically forbid 24
any managerial employee from discriminating or retaliating against an 25
employee who complains of discrimination and shall include 26
performance sanctions and other sanctions against any managerial 27
employee who (1) dissuades or seeks to dissuade an employee from 28
filing a complaint, or (2) fails to objectively and properly investigate 29
such complaints in accordance with prescribed procedures and 30
protocols following the raising of such complaint, including, but not 31
limited to, notifications to the complaining employee regarding the 32
status and outcome of the complaint investigation. 33
(b) (1) Each state employer shall assure employees that it is safe for 34
such employees to formally or informally raise a complaint concerning 35
the misuse of managerial authority that violates the provisions of the 36
zero-tolerance policy adopted pursuant to subsection (a) of this section. 37
(2) No state employer shall take, or threaten to take, any personnel 38
action or otherwise discriminate against any employee because such 39
employee has formally or informally raised such complaint. 40
(c) In any action brought by an employee for a violation of any 41
provision of chapter 814c of the general statutes, or section 31-41m of 42
the general statutes, in addition to all other damages available under 43
said chapter and section, the employee shall be awarded double 44
damages for any employment losses. 45
(d) Discharge or other termination of any employee in violation of 46 Substitute Bill No. 6861
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-
R01-HB.docx }
3 of 7
subsection (b) of this section shall be presumed to create irreparable 47
harm for purposes of any temporary or permanent injunction action that 48
may be brought to redress such violation, and there shall be an 49
irrebuttable presumption that there is no adequate remedy at law. The 50
doctrine of exhaustion of administrative remedies shall not apply in any 51
action to redress a discharge or other termination of employment. Any 52
initial notice required for an action under this section shall include 53
service on the Connecticut Commission on Human Rights and 54
Opportunities and the commission may intervene as a matter of right in 55
any such proceeding. 56
Sec. 3. (NEW) (Effective from passage) There shall be a Chief Diversity, 57
Equity and Inclusion Officer who is responsible for overseeing a 58
transformative hiring process in state government. The Chief Diversity, 59
Equity and Inclusion Officer shall be appointed by the Equity Advisory 60
Committee, established pursuant to section 5 of this act, with the 61
approval of the General Assembly, and shall report to the Equity 62
Advisory Committee. 63
Sec. 4. (NEW) (Effective from passage) (a) Not later than thirty days after 64
the effective date of this section, the commissioner of each state agency 65
shall address its diversity needs by (1) reviewing the "The State of 66
Connecticut Workforce: An Analysis of Representation and 67
Compensation Equity Across Gender and Race-Ethnicity", and (2) 68
conducting an assessment of such commissioner's agency. Such 69
assessment shall include, but need not be limited to (A) the recruitment 70
and retention rates of women and people of color employed by such 71
agency during the previous five years, and (B) such agency's plan for 72
achieving an appropriate and fair balance in filling vacancies left by 73
retiring employees. Such assessment shall be used to inform how such 74
agency shall address any racial or gender disparities, including a review 75
of such agency's recruitment strategies. 76
(b) Not later than three months after the commencement of such 77
assessment, each commissioner shall submit such assessment to the 78
Governor, the joint standing committee of the General Assembly having 79 Substitute Bill No. 6861
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-
R01-HB.docx }
4 of 7
cognizance of matters relating to labor and public employees, the Chief 80
Diversity, Equity and Inclusion Officer, established in section 3 of this 81
act, and the Equity Advisory Committee, established in section 5 of this 82
act. 83
Sec. 5. (NEW) (Effective from passage) (a) There is established an Equity 84
Advisory Committee responsible for monitoring (1) whether state 85
agencies are implementing the recommendations issued in the study of 86
equity in state government programs and actions required under 87
section 81 of public act 21-2 of the June special session, and (2) whether 88
the assessment goals pursuant to section 4 of this act are being met by 89
state agencies. 90
(b) The committee shall consist of the following members: (1) Seven 91
members appointed by representatives of each State Employee 92
Bargaining Agent Coalition constituent union, (2) one member 93
appointed by the Governor, (3) the executive director of the Commission 94
on Human Rights and Opportunities, or the executive director's 95
designee, (4) two members appointed by the executive director of the 96
Commission on Human Rights and Opportunities, (5) three members 97
appointed by the Black and Puerto Rican Caucus of the General 98
Assembly, and (6) four members appointed from the current task force 99
established in section 189 of public act 21-2 of the June special session to 100
study the state workforce and retiring employees, consisting of (A) one 101
member appointed by each chairperson, and (B) one member appointed 102
by each ranking member. 103
(c) Not later than six months after its establishment, the Equity 104
Advisory Committee shall appoint a Chief Diversity, Equity and 105
Inclusion Officer. The committee shall annually evaluate the 106
benchmarks for success and evaluation in order to evaluate the work of 107
the Chief Diversity, Equity and Inclusion Officer. 108
Sec. 6. (NEW) (Effective January 1, 2024) (a) There is established within 109
the Commission on Human Rights and Opportunities an Office of the 110
Racial Justice Ombudsperson. Such ombudsperson shall (1) establish 111 Substitute Bill No. 6861
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-
R01-HB.docx }
5 of 7
common working definitions for all key terms and descriptors to lay the 112
foundation for the work, (2) institute a diverse slate initiative that 113
assures that all state employee applicants, regardless of race, creed, 114
color, national origin or any other protected class under the general 115
statutes, are not disadvantaged among those prioritized for interviews 116
for roles or positions using an external or internal hiring or promotional 117
process that would require the hiring manager, or entity, to screen and 118
interview all candidates using a standard antiracist screening and 119
interview protocol that scores applicant answers, (3) submit a theory of 120
action and plan for making constant progress towards eliminating 121
systemic racism in state government, and implementing strategies and 122
structures to maintain a workplace that (A) affords physical, racial, 123
linguistic and cultural safety, and (B) privileges the ability of all 124
employees to challenge racism and aggressions, (4) assure that all 125
employees get a full and fair hearing of grievances, without fear of 126
retaliation, and assure fair and racially just outcomes, (5) foster a 127
workplace where managerial authorities are accountable to lead and 128
model antiracist practices and make changes needed to ensure an 129
antiracist, equitable workplace for all, (6) track and review the 130
performance review processes and protocols, as well as performance 131
reviews, to identify discrepancies between white workers and black and 132
brown workers in terms of education, time in position, job education 133
provided, opportunities for professional development and growth to 134
immediately create remediation plans to address racial disparities, (7) 135
analyze and recommend solutions to hiring, training and promotion 136
practices which have resulted in pay disparities between workers on the 137
basis of protected class status, (8) focus on specific and actionable steps 138
that those with supervisory or managerial authority can implement 139
within their workplace to eliminate their unconscious or conscious 140
racial biases, and (9) review complaints filed and discipline 141
administered, and recommend remediation plans where evidence of 142
disparate discipline, responses to complaints and manner of 143
investigation differed by employee race. 144
(b) (1) The Racial Justice Ombudsperson shall (A) be appointed by 145 Substitute Bill No. 6861
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-
R01-HB.docx }
6 of 7
the Executive Director of the Commission on Human Rights and 146
Opportunities, upon the advice and consent of the State Employees 147
Bargaining Agent Coalition Racial Justice Committee, and (B) be an 148
expert in matters relating to the history, root causes, manifestations and 149
persistent effects of racism. 150
(2) In addition to reporting to the Executive Director of the 151
Commission on Human Rights and Opportunities, the Racial Justice 152
Ombudsperson shall report to a joint committee consisting of (A) the 153
State Employees Bargaining Agent Coalition Racial Justice Committee, 154
(B) the Governor, or the Governor's designee, and (C) the Equity 155
Advisory Committee established pursuant to section 5 of this act. 156
(3) On a quarterly basis, the Racial Justice Ombudsperson shall meet 157
with and submit a written report to the State Employees Bargaining 158
Agent Coalition Racial Justice Committee and the Equity Advisory 159
Committee, established pursuant to section 5 of this act, to discuss the 160
duties and responsibilities of the Racial Justice Ombudsperson, as 161
identified in subsection (a) of this section, and as otherwise directed by 162
the committees. Such written report shall be made available on the 163
Internet web site of the Commission on Human Rights and 164
Opportunities. 165
(c) For purposes of tenure and removal of the Ombudsperson, the 166
procedures applicable to a deputy director as set forth in subsection (d) 167
of section 46a-52 of the general statutes shall apply. 168
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 January 1, 2024 New section Substitute Bill No. 6861
LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2023HB-06861-
R01-HB.docx }
7 of 7
Statement of Legislative Commissioners:
In Section 1(2), "manager" was replaced with "managerial employee" for
statutory consistency; Section 1(4) was rewritten for clarity; in Section
2(b)(1), "in violation of" was replaced with "that violates the provisions
of the zero-tolerance policy adopted pursuant to" for clarity and
consistency with standard drafting standards; Section 4 was rewritten
for clarity; in Section 5(b)(6), "established in section 189 of public act 21-
2 of the June special session" was added after "task force" for clarity; in
Section 6(a)(9), "filed" was added after "complaints" for clarity; in
Section 6(b)(2) "created in" was replaced with "established pursuant to"
for consistency with standard drafting standards; and Section 6(b)(3)
was rewritten for clarity.
LAB Joint Favorable Subst.