LCO 1 of 7 General Assembly Substitute Bill No. 414 February Session, 2024 AN ACT CONCERNING EQUITY IN STATE EMPLOYMENT. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective October 1, 2024) (a) For the purposes of this 1 section and sections 2 to 6, inclusive, of this act: 2 (1) "Constitutional officer" means the Secretary of State, Comptroller, 3 Treasurer and Attorney General; 4 (2) "Department" means the (A) Departments of Administrative 5 Services, Aging and Disability Services, Agriculture, Banking, Children 6 and Families, Consumer Protection, Correction, Developmental 7 Services, Economic and Community Development, Education, 8 Emergency Services and Public Protection, Energy and Environmental 9 Protection, Housing, Insurance, Labor, Mental Health and Addiction 10 Services, Motor Vehicles, Public Health, Revenue Services, Social 11 Services, Transportation and Veterans Affairs, (B) Offices of Early 12 Childhood and Policy and Management, and (C) offices of the Secretary 13 of State, Comptroller, Treasurer and Attorney General; 14 (3) "Department head" means the (A) Commissioners of 15 Administrative Services, Aging and Disability Services, Agriculture, 16 Banking, Children and Families, Consumer Protection, Correction, 17 Developmental Services, Economic and Community Development, 18 Substitute Bill No. 414 LCO 2 of 7 Education, Emergency Services and Public Protection, Early Childhood, 19 Energy and Environmental Protection, Housing, Insurance, Labor, 20 Mental Health and Addiction Services, Motor Vehicles, Public Health, 21 Revenue Services, Social Services, Transportation and Veterans Affairs, 22 and (B) the Secretary of the Office of Policy and Management; 23 (4) "Director" means the director of the Diversity, Equity and 24 Inclusion division established pursuant to subsection (b) of this section; 25 (5) "Division" means the Diversity, Equity and Inclusion division of 26 each department established pursuant to subsection (b) of this section; 27 (6) "Equity" means the consistent and systematic fair, just and 28 impartial treatment of all individuals, including individuals who belong 29 to underserved communities that have been denied such treatment, 30 such as Black, Latino, Indigenous and Native American persons, Asian 31 Americans and Pacific Islanders and other persons of color, members of 32 religious minorities, women, lesbian, gay, bisexual, transgender and 33 queer persons, persons with disabilities, persons who live in rural areas 34 and persons otherwise adversely affected by persistent poverty or 35 inequality; 36 (7) "Implicit bias" means an attitude or internalized stereotype that 37 affects a person's perceptions, actions and decisions in an unconscious 38 manner and often contributes to unequal treatment of a person based on 39 such person's race, ethnicity, gender identity, sexual orientation, age, 40 disability or other characteristics; and 41 (8) "Underserved community" means populations sharing a 42 particular characteristic and geographical communities that have been 43 systemically denied a full opportunity to participate in aspects of 44 economic, social and civic life, such as Black, Latino, Indigenous and 45 Native American persons, Asian Americans and Pacific Islanders and 46 other persons of color, members of religious minorities, women, lesbian, 47 gay, bisexual, transgender and queer persons, persons with disabilities, 48 persons who live in rural areas and persons otherwise adversely 49 affected by persistent poverty or inequality. 50 Substitute Bill No. 414 LCO 3 of 7 (b) There shall be established a Diversity, Equity and Inclusion 51 Division within each department, which shall be administered by a full-52 time, salaried director, who shall be subject to the supervision and the 53 direction of the department head or constitutional officer. Such director 54 shall be in the classified service and shall devote full-time to the duties 55 of such director's office. The department head or constitutional officer 56 may appoint and fix the compensation of such director, provided such 57 appointment shall be subject to the approval of the Governor and the 58 rate of such compensation shall be subject to the approval of the 59 Governor and the Secretary of the Office of Policy and Management. 60 The Diversity, Equity and Inclusion Division shall be responsible for 61 equity-related matters within the department and in relation to the 62 services provided by the department. 63 (c) The director shall be responsible for (1) coordinating the 64 department's equity initiatives, (2) serving as the primary contact and 65 subject matter expert for officials and employees within the department 66 regarding the development, implementation and assessment of the 67 division's programs, (3) developing and publishing the department's 68 equity plan pursuant to section 2 of this act, (4) evaluating the policies, 69 operations, training and hiring practices of the department, (5) 70 evaluating outcomes of services provided by the department, (6) 71 collecting and using data from the department relevant to the division, 72 including, but not limited to, disparate outcomes of services provided 73 by the department or disparate outcomes in the operations and policies 74 of the department, (7) assisting department staff in creating division-75 related training programs required pursuant to sections 5 and 6 of this 76 act and participating in the presentation of such training programs, (8) 77 supporting the department in creating and sustaining inclusive cultures 78 and behaviors, (9) maintaining knowledge of equity-related issues, 79 operations and strategies that ensure the department's activities reflect 80 best equity practices for the department, (10) overseeing the community 81 engagement work of the division and ensuring that underserved 82 communities are encouraged to provide feedback on department 83 activities, (11) providing department staff with advice and guidance on 84 Substitute Bill No. 414 LCO 4 of 7 how to navigate situations that impact the diversity, equity, and 85 inclusion of the department, and (12) any other duties assigned by the 86 department head or constitutional officer. 87 (d) Prior to implementing any proposed department policy or 88 adopting any proposed regulation, in accordance with the provisions of 89 chapter 54 of the general statutes, the department head or constitutional 90 officer shall consult with the director to ensure that the proposed policy 91 or regulation will not have an indirect or direct adverse impact on any 92 underserved communities. 93 Sec. 2. (NEW) (Effective October 1, 2024) Not later than October 1, 2026, 94 and annually thereafter, the director for each department shall create an 95 equity action plan for such department that identifies specific diversity, 96 equity and inclusion goals for the department and establishes 97 accountability mechanisms for achieving such goals. All department 98 heads and constitutional officers shall ensure effective implementation 99 of such equity action plans by prioritizing and incorporating the 100 strategies of the equity action plan when setting equity goals for the 101 department. Such equity action plan shall be posted on the department's 102 Internet web site. Such equity action plan shall: 103 (1) Identify the progress made by the department on the actions, 104 performance, measures and milestones highlighted in the preceding 105 year's equity action plan; 106 (2) Identify potential barriers that underserved communities may 107 face in accessing and benefitting from the benefits, services and 108 programs provided by the department or in providing feedback 109 concerning department programs; 110 (3) Evaluate certain key programs and policies of the department as 111 identified by the department head or constitutional officer, to assess 112 whether underserved communities and their members face systemic 113 barriers in accessing benefits and opportunities available pursuant to 114 those policies and programs; 115 Substitute Bill No. 414 LCO 5 of 7 (4) Identify how the department intends to engage with underserved 116 communities in order to advance equity in the department's policies, 117 services and programs, including, but not limited to, accessible and 118 appropriate outreach to such underserved communities and individuals 119 in underserved communities and the incorporation of perspectives of 120 underserved communities in the department's policies, services and 121 programs and continually assess the progress made or not made 122 towards attaining such community engagement during the prior year; 123 (5) Identify training programs developed by the division pursuant to 124 section 5 of this act; 125 (6) Evaluate the applicant data required pursuant to section 3 of this 126 act and identify demographic hiring trends within the department; and 127 (7) Evaluate whether new policies, regulations or guidance 128 documents may be necessary to address potential barriers to benefits, 129 services and programs provided by the department. 130 Sec. 3. (NEW) (Effective October 1, 2024) (a) Each department shall 131 collect and maintain data regarding demographic information for each 132 individual that applies for positions with such department. 133 (b) Each division shall annually examine data regarding 134 demographic information for individuals who apply for positions with 135 the department collected pursuant to subsection (a) of this section and 136 disaggregate such data by the categories of age, race, ethnicity, religious 137 creed, gender identity or expression, sexual orientation, individuals 138 with disabilities and how far an individual of each category progressed 139 in the hiring or interview process, provided such disaggregation keeps 140 such individuals' information personally nonidentifiable. The division 141 shall annually submit to the department head or constitutional officer, 142 and post on its Internet web site, a report summarizing the examination 143 and disaggregation of such data. 144 Sec. 4. (NEW) (Effective October 1, 2024) (a) Each department shall 145 utilize diverse hiring panels to conduct interviews for open positions 146 Substitute Bill No. 414 LCO 6 of 7 within such department. Such hiring panels shall be comprised of 147 current employees in appropriate positions from varying backgrounds, 148 including, but not limited to, race, ethnicity, gender, age and sexual 149 orientation. Such hiring panels shall be utilized for at least one interview 150 of a candidate. Departments may, where appropriate, utilize employees 151 from other departments to serve on hiring panels. When filling a 152 position within the department, where relevant, the department shall 153 consider whether a candidate is conversant in a language other than 154 English that is spoken by the diverse populations served by the 155 department. 156 (b) The director may waive the requirements of this section in writing 157 if the director determines that a diverse hiring panel cannot be 158 organized after considering (1) the circumstances around not being able 159 to fulfil such requirement, (2) whether reasonable efforts were made to 160 fulfil such requirement, and (3) the demographic information of current 161 employees at the department. 162 Sec. 5. (NEW) (Effective October 1, 2024) (a) The director shall develop 163 a standardized diversity, equity and inclusion training program that 164 shall be used by the department in completing the diversity, equity and 165 inclusion training required under this section. Such program shall 166 include, but need not be limited to, training on how to recognize and 167 mitigate unconscious implicit biases, how to reduce miscommunication 168 and misinformation regarding different identities and backgrounds, 169 and how to cultivate inclusive community and cross-community 170 interactions both within the department and with the wider community, 171 including when interacting with a member of an underserved 172 community. 173 (b) Each department shall require diversity, equity and inclusion 174 training and education for all supervisory and nonsupervisory 175 employees hired on or after July 1, 2025, not later than six months after 176 such employees' assumption of a position within the department, while 177 prioritizing providing such training for supervisory employees. 178 Substitute Bill No. 414 LCO 7 of 7 Sec. 6. (NEW) (Effective October 1, 2024) (a) The director shall develop 179 annual training and materials on diversity, equity and inclusion topics 180 for all supervisory and nonsupervisory employees, including 181 supervisory-specific trainings and materials. Such training and 182 materials shall include, but need not be limited to, topics related to 183 cultural sensitivity, sexual orientation and gender identities, anti-184 racism, anti-sexism and disability awareness. 185 (b) Each department shall require a minimum of four hours of annual 186 diversity, equity and inclusion training (1) for all existing supervisory 187 and nonsupervisory employees, not later than July 1, 2025, and annually 188 thereafter, while prioritizing providing such training for supervisory 189 employees, and (2) for all supervisory and nonsupervisory employees 190 hired on or after July 1, 2025, not later than six months after such 191 employees' assumption of a position within the department, and 192 annually thereafter, while prioritizing providing such training for 193 supervisory employees. 194 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2024 New section Sec. 2 October 1, 2024 New section Sec. 3 October 1, 2024 New section Sec. 4 October 1, 2024 New section Sec. 5 October 1, 2024 New section Sec. 6 October 1, 2024 New section LAB Joint Favorable Subst.