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3 | 3 | | LCO No. 5785 1 of 14 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 1442 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 5785 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on JUDICIARY |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (JUD) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING LEGAL PROCEEDINGS CONDUCTED BY THE |
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20 | 20 | | COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES. |
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21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 22 | | Assembly convened: |
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23 | 23 | | |
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24 | 24 | | Section 1. Section 46a-51 of the general statutes is repealed and the 1 |
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25 | 25 | | following is substituted in lieu thereof (Effective July 1, 2025): 2 |
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26 | 26 | | As used in section 4a-60a and this chapter: 3 |
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27 | 27 | | (1) "Blind" refers to an individual whose central visual acuity does 4 |
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28 | 28 | | not exceed 20/200 in the better eye with correcting lenses, or whose 5 |
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29 | 29 | | visual acuity is greater than 20/200 but is accompanied by a limitation 6 |
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30 | 30 | | in the fields of vision such that the widest diameter of the visual field 7 |
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31 | 31 | | subtends an angle no greater than twenty degrees; 8 |
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32 | 32 | | (2) "Commission" means the Commission on Human Rights and 9 |
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33 | 33 | | Opportunities created by section 46a-52; 10 |
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34 | 34 | | (3) "Commission legal counsel" means a member of the legal staff 11 |
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35 | 35 | | employed by the commission pursuant to section 46a-54; 12 |
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36 | 36 | | (4) "Commissioner" means a member of the commission; 13 |
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37 | 37 | | Raised Bill No. 1442 |
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38 | 38 | | |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | LCO No. 5785 2 of 14 |
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42 | 42 | | |
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43 | 43 | | (5) "Court" means the Superior Court or any judge of said court; 14 |
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44 | 44 | | (6) "Discrimination" includes segregation and separation; 15 |
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45 | 45 | | (7) "Discriminatory employment practice" means any discriminatory 16 |
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46 | 46 | | practice specified in subsection (b), (d), (e) or (f) of section 31-51i or 17 |
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47 | 47 | | section 46a-60 or 46a-81c, as amended by this act; 18 |
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48 | 48 | | (8) "Discriminatory practice" means a violation of section 4a-60, 4a-19 |
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49 | 49 | | 60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, 20 |
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50 | 50 | | subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) 21 |
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51 | 51 | | and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 22 |
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52 | 52 | | as amended by this act, 46a-66 or 46a-68, sections 46a-68c to 46a-68f, 23 |
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53 | 53 | | inclusive, sections 46a-70 to 46a-78, inclusive, subsection (a) of section 24 |
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54 | 54 | | 46a-80, sections 46a-81b to 46a-81o, inclusive, sections 46a-80b to 46a-25 |
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55 | 55 | | 80e, inclusive, sections 46a-80k to 46a-80m, inclusive, or section 19a-26 |
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56 | 56 | | 498c; 27 |
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57 | 57 | | (9) "Employee" means any person employed by an employer but shall 28 |
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58 | 58 | | not include any individual employed by such individual's parents, 29 |
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59 | 59 | | spouse or child. "Employee" includes any elected or appointed official 30 |
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60 | 60 | | of a municipality, board, commission, counsel or other governmental 31 |
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61 | 61 | | body; 32 |
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62 | 62 | | (10) "Employer" includes the state and all political subdivisions 33 |
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63 | 63 | | thereof and means any person or employer with one or more persons in 34 |
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64 | 64 | | such person's or employer's employ; 35 |
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65 | 65 | | (11) "Employment agency" means any person undertaking with or 36 |
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66 | 66 | | without compensation to procure employees or opportunities to work; 37 |
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67 | 67 | | (12) "Labor organization" means any organization which exists for the 38 |
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68 | 68 | | purpose, in whole or in part, of collective bargaining or of dealing with 39 |
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69 | 69 | | employers concerning grievances, terms or conditions of employment, 40 |
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70 | 70 | | or of other mutual aid or protection in connection with employment; 41 |
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71 | 71 | | (13) "Intellectual disability" means intellectual disability as defined in 42 |
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72 | 72 | | Raised Bill No. 1442 |
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73 | 73 | | |
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74 | 74 | | |
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75 | 75 | | |
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76 | 76 | | LCO No. 5785 3 of 14 |
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77 | 77 | | |
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78 | 78 | | section 1-1g; 43 |
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79 | 79 | | (14) "Person" means one or more individuals, partnerships, 44 |
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80 | 80 | | associations, corporations, limited liability companies, legal 45 |
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81 | 81 | | representatives, trustees, trustees in bankruptcy, receivers and the state 46 |
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82 | 82 | | and all political subdivisions and agencies thereof; 47 |
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83 | 83 | | (15) "Physically disabled" refers to any individual who has any 48 |
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84 | 84 | | chronic physical handicap, infirmity or impairment, whether congenital 49 |
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85 | 85 | | or resulting from bodily injury, organic processes or changes or from 50 |
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86 | 86 | | illness, including, but not limited to, epilepsy, deafness or being hard of 51 |
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87 | 87 | | hearing or reliance on a wheelchair or other remedial appliance or 52 |
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88 | 88 | | device; 53 |
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89 | 89 | | (16) "Respondent" means any person alleged in a complaint filed 54 |
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90 | 90 | | pursuant to section 46a-82 to have committed a discriminatory practice; 55 |
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91 | 91 | | (17) "Discrimination on the basis of sex" includes but is not limited to 56 |
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92 | 92 | | discrimination related to pregnancy, child-bearing capacity, 57 |
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93 | 93 | | sterilization, fertility or related medical conditions; 58 |
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94 | 94 | | (18) "Discrimination on the basis of religious creed" includes but is 59 |
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95 | 95 | | not limited to discrimination related to all aspects of religious 60 |
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96 | 96 | | observances and practice as well as belief, unless an employer 61 |
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97 | 97 | | demonstrates that the employer is unable to reasonably accommodate 62 |
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98 | 98 | | to an employee's or prospective employee's religious observance or 63 |
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99 | 99 | | practice without undue hardship on the conduct of the employer's 64 |
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100 | 100 | | business; 65 |
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101 | 101 | | (19) "Learning disability" refers to an individual who exhibits a severe 66 |
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102 | 102 | | discrepancy between educational performance and measured 67 |
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103 | 103 | | intellectual ability and who exhibits a disorder in one or more of the 68 |
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104 | 104 | | basic psychological processes involved in understanding or in using 69 |
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105 | 105 | | language, spoken or written, which may manifest itself in a diminished 70 |
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106 | 106 | | ability to listen, speak, read, write, spell or to do mathematical 71 |
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107 | 107 | | calculations; 72 |
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108 | 108 | | Raised Bill No. 1442 |
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109 | 109 | | |
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110 | 110 | | |
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111 | 111 | | |
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112 | 112 | | LCO No. 5785 4 of 14 |
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113 | 113 | | |
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114 | 114 | | (20) "Mental disability" refers to an individual who has a record of, or 73 |
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115 | 115 | | is regarded as having one or more mental disorders, as defined in the 74 |
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116 | 116 | | most recent edition of the American Psychiatric Association's 75 |
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117 | 117 | | "Diagnostic and Statistical Manual of Mental Disorders"; 76 |
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118 | 118 | | (21) "Gender identity or expression" means a person's gender-related 77 |
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119 | 119 | | identity, appearance or behavior, whether or not that gender-related 78 |
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120 | 120 | | identity, appearance or behavior is different from that traditionally 79 |
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121 | 121 | | associated with the person's physiology or assigned sex at birth, which 80 |
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122 | 122 | | gender-related identity can be shown by providing evidence including, 81 |
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123 | 123 | | but not limited to, medical history, care or treatment of the gender-82 |
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124 | 124 | | related identity, consistent and uniform assertion of the gender-related 83 |
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125 | 125 | | identity or any other evidence that the gender-related identity is 84 |
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126 | 126 | | sincerely held, part of a person's core identity or not being asserted for 85 |
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127 | 127 | | an improper purpose; 86 |
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128 | 128 | | (22) "Veteran" means veteran as defined in subsection (a) of section 87 |
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129 | 129 | | 27-103; 88 |
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130 | 130 | | (23) "Race" is inclusive of ethnic traits historically associated with 89 |
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131 | 131 | | race, including, but not limited to, hair texture and protective hairstyles; 90 |
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132 | 132 | | (24) "Protective hairstyles" includes, but is not limited to, wigs, 91 |
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133 | 133 | | headwraps and hairstyles such as individual braids, cornrows, locs, 92 |
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134 | 134 | | twists, Bantu knots, afros and afro puffs; 93 |
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135 | 135 | | (25) "Domestic violence" has the same meaning as provided in 94 |
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136 | 136 | | subsection (b) of section 46b-1; [and] 95 |
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137 | 137 | | (26) "Sexual orientation" means a person's identity in relation to the 96 |
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138 | 138 | | gender or genders to which they are romantically, emotionally or 97 |
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139 | 139 | | sexually attracted, inclusive of any identity that a person (A) may have 98 |
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140 | 140 | | previously expressed, or (B) is perceived by another person to hold; and 99 |
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141 | 141 | | (27) "Employer's agent" means an individual who is authorized by an 100 |
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142 | 142 | | employer to (A) undertake or recommend tangible employment 101 |
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143 | 143 | | Raised Bill No. 1442 |
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144 | 144 | | |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | LCO No. 5785 5 of 14 |
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148 | 148 | | |
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149 | 149 | | decisions affecting the employee, or (B) direct the employee's daily work 102 |
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150 | 150 | | activities. 103 |
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151 | 151 | | Sec. 2. Section 46a-81c of the general statutes is repealed and the 104 |
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152 | 152 | | following is substituted in lieu thereof (Effective July 1, 2025): 105 |
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153 | 153 | | It shall be a discriminatory practice in violation of this section: (1) For 106 |
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154 | 154 | | an employer [, by himself or his] or the employer's agent, except in the 107 |
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155 | 155 | | case of a bona fide occupational qualification or need, to refuse to hire 108 |
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156 | 156 | | or employ or to bar or to discharge from employment any individual or 109 |
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157 | 157 | | to discriminate against [him] any individual in compensation or in 110 |
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158 | 158 | | terms, conditions or privileges of employment because of the 111 |
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159 | 159 | | individual's sexual orientation or civil union status, (2) for any 112 |
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160 | 160 | | employment agency, except in the case of a bona fide occupational 113 |
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161 | 161 | | qualification or need, to fail or refuse to classify properly or refer for 114 |
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162 | 162 | | employment or otherwise to discriminate against any individual 115 |
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163 | 163 | | because of the individual's sexual orientation or civil union status, (3) 116 |
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164 | 164 | | for a labor organization, because of the sexual orientation or civil union 117 |
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165 | 165 | | status of any individual to exclude from full membership rights or to 118 |
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166 | 166 | | expel from its membership such individual or to discriminate in any 119 |
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167 | 167 | | way against any of its members or against any employer or any 120 |
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168 | 168 | | individual employed by an employer, unless such action is based on a 121 |
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169 | 169 | | bona fide occupational qualification, or (4) for any person, employer, 122 |
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170 | 170 | | employment agency or labor organization, except in the case of a bona 123 |
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171 | 171 | | fide occupational qualification or need, to advertise employment 124 |
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172 | 172 | | opportunities in such a manner as to restrict such employment so as to 125 |
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173 | 173 | | discriminate against individuals because of their sexual orientation or 126 |
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174 | 174 | | civil union status. 127 |
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175 | 175 | | Sec. 3. Section 46a-64c of the general statutes is repealed and the 128 |
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176 | 176 | | following is substituted in lieu thereof (Effective July 1, 2025): 129 |
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177 | 177 | | (a) It shall be a discriminatory practice in violation of this section: 130 |
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178 | 178 | | (1) To refuse to sell or rent after the making of a bona fide offer, or to 131 |
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179 | 179 | | refuse to negotiate for the sale or rental of, or otherwise make 132 |
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180 | 180 | | Raised Bill No. 1442 |
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181 | 181 | | |
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182 | 182 | | |
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183 | 183 | | |
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184 | 184 | | LCO No. 5785 6 of 14 |
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185 | 185 | | |
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186 | 186 | | unavailable or deny, a dwelling to any person because of race, creed, 133 |
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187 | 187 | | color, national origin, ancestry, sex, gender identity or expression, 134 |
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188 | 188 | | marital status, age, lawful source of income, familial status, status as a 135 |
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189 | 189 | | veteran or status as a victim of domestic violence. 136 |
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190 | 190 | | (2) To discriminate against any person in the terms, conditions, or 137 |
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191 | 191 | | privileges of sale or rental of a dwelling, or in the provision of services 138 |
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192 | 192 | | or facilities in connection therewith, because of race, creed, color, 139 |
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193 | 193 | | national origin, ancestry, sex, gender identity or expression, marital 140 |
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194 | 194 | | status, age, lawful source of income, familial status, [or] status as a 141 |
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195 | 195 | | veteran or status as a victim of domestic violence. 142 |
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196 | 196 | | (3) To make, print or publish, or cause to be made, printed or 143 |
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197 | 197 | | published any notice, statement, or advertisement, with respect to the 144 |
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198 | 198 | | sale or rental of a dwelling that indicates any preference, limitation, or 145 |
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199 | 199 | | discrimination based on race, creed, color, national origin, ancestry, sex, 146 |
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200 | 200 | | gender identity or expression, marital status, age, lawful source of 147 |
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201 | 201 | | income, familial status, learning disability, physical or mental disability, 148 |
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202 | 202 | | [or] status as a veteran or status as a victim of domestic violence, or an 149 |
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203 | 203 | | intention to make any such preference, limitation or discrimination. 150 |
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204 | 204 | | (4) (A) To represent to any person because of race, creed, color, 151 |
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205 | 205 | | national origin, ancestry, sex, gender identity or expression, marital 152 |
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206 | 206 | | status, age, lawful source of income, familial status, learning disability, 153 |
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207 | 207 | | physical or mental disability, [or] status as a veteran or status as a victim 154 |
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208 | 208 | | of domestic violence, that any dwelling is not available for inspection, 155 |
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209 | 209 | | sale or rental when such dwelling is in fact so available. 156 |
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210 | 210 | | (B) It shall be a violation of this subdivision for any person to restrict 157 |
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211 | 211 | | or attempt to restrict the choices of any buyer or renter to purchase or 158 |
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212 | 212 | | rent a dwelling (i) to an area which is substantially populated, even if 159 |
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213 | 213 | | less than a majority, by persons of the same protected class as the buyer 160 |
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214 | 214 | | or renter, (ii) while such person is authorized to offer for sale or rent 161 |
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215 | 215 | | another dwelling which meets the housing criteria as expressed by the 162 |
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216 | 216 | | buyer or renter to such person, and (iii) such other dwelling is in an area 163 |
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217 | 217 | | Raised Bill No. 1442 |
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218 | 218 | | |
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219 | 219 | | |
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220 | 220 | | |
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221 | 221 | | LCO No. 5785 7 of 14 |
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222 | 222 | | |
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223 | 223 | | which is not substantially populated by persons of the same protected 164 |
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224 | 224 | | class as the buyer or renter. As used in this subdivision, "area" means 165 |
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225 | 225 | | municipality, neighborhood or other geographic subdivision which 166 |
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226 | 226 | | may include an apartment or condominium complex; and "protected 167 |
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227 | 227 | | class" means race, creed, color, national origin, ancestry, sex, gender 168 |
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228 | 228 | | identity or expression, marital status, age, lawful source of income, 169 |
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229 | 229 | | familial status, learning disability, physical or mental disability, [or] 170 |
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230 | 230 | | status as a veteran or status as a victim of domestic violence. 171 |
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231 | 231 | | (5) For profit, to induce or attempt to induce any person to sell or rent 172 |
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232 | 232 | | any dwelling by representations regarding the entry or prospective 173 |
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233 | 233 | | entry into the neighborhood of a person or persons of a particular race, 174 |
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234 | 234 | | creed, color, national origin, ancestry, sex, gender identity or expression, 175 |
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235 | 235 | | marital status, age, lawful source of income, familial status, learning 176 |
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236 | 236 | | disability, physical or mental disability, [or] status as a veteran or status 177 |
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237 | 237 | | as a victim of domestic violence. 178 |
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238 | 238 | | (6) (A) To discriminate in the sale or rental, or to otherwise make 179 |
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239 | 239 | | unavailable or deny, a dwelling to any buyer or renter because of a 180 |
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240 | 240 | | learning disability or physical or mental disability of: (i) Such buyer or 181 |
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241 | 241 | | renter; (ii) a person residing in or intending to reside in such dwelling 182 |
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242 | 242 | | after it is so sold, rented, or made available; or (iii) any person associated 183 |
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243 | 243 | | with such buyer or renter. 184 |
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244 | 244 | | (B) To discriminate against any person in the terms, conditions or 185 |
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245 | 245 | | privileges of sale or rental of a dwelling, or in the provision of services 186 |
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246 | 246 | | or facilities in connection with such dwelling, because of a learning 187 |
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247 | 247 | | disability or physical or mental disability of: (i) Such person; or (ii) a 188 |
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248 | 248 | | person residing in or intending to reside in such dwelling after it is so 189 |
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249 | 249 | | sold, rented, or made available; or (iii) any person associated with such 190 |
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250 | 250 | | person. 191 |
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251 | 251 | | (C) For purposes of this subdivision, discrimination includes: (i) A 192 |
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252 | 252 | | refusal to permit, at the expense of a person with a physical or mental 193 |
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253 | 253 | | disability, reasonable modifications of existing premises occupied or to 194 |
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254 | 254 | | Raised Bill No. 1442 |
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255 | 255 | | |
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256 | 256 | | |
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257 | 257 | | |
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258 | 258 | | LCO No. 5785 8 of 14 |
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259 | 259 | | |
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260 | 260 | | be occupied by such person if such modifications may be necessary to 195 |
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261 | 261 | | afford such person full enjoyment of the premises; except that, in the 196 |
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262 | 262 | | case of a rental, the landlord may, where it is reasonable to do so, 197 |
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263 | 263 | | condition permission for a modification on the renter agreeing to restore 198 |
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264 | 264 | | the interior of the premises to the condition that existed before the 199 |
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265 | 265 | | modification, reasonable wear and tear excepted; (ii) a refusal to make 200 |
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266 | 266 | | reasonable accommodations in rules, policies, practices or services, 201 |
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267 | 267 | | when such accommodations may be necessary to afford such person 202 |
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268 | 268 | | equal opportunity to use and enjoy a dwelling; (iii) in connection with 203 |
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269 | 269 | | the design and construction of covered multifamily dwellings for the 204 |
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270 | 270 | | first occupancy after March 13, 1991, a failure to design and construct 205 |
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271 | 271 | | those dwellings in such manner that they comply with the requirements 206 |
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272 | 272 | | of Section 804(f) of the Fair Housing Act or the provisions of the state 207 |
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273 | 273 | | building code as adopted pursuant to the provisions of sections 29-269 208 |
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274 | 274 | | and 29-273, whichever requires greater accommodation. "Covered 209 |
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275 | 275 | | multifamily dwellings" means buildings consisting of four or more units 210 |
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276 | 276 | | if such buildings have one or more elevators, and ground floor units in 211 |
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277 | 277 | | other buildings consisting of four or more units. 212 |
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278 | 278 | | (7) For any person or other entity engaging in residential real-estate-213 |
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279 | 279 | | related transactions to discriminate against any person in making 214 |
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280 | 280 | | available such a transaction, or in the terms or conditions of such a 215 |
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281 | 281 | | transaction, because of race, creed, color, national origin, ancestry, sex, 216 |
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282 | 282 | | gender identity or expression, marital status, age, lawful source of 217 |
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283 | 283 | | income, familial status, learning disability, physical or mental disability, 218 |
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284 | 284 | | [or] status as a veteran or status as a victim of domestic violence. 219 |
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285 | 285 | | (8) To deny any person access to or membership or participation in 220 |
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286 | 286 | | any multiple-listing service, real estate brokers' organization or other 221 |
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287 | 287 | | service, organization, or facility relating to the business of selling or 222 |
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288 | 288 | | renting dwellings, or to discriminate against him in the terms or 223 |
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289 | 289 | | conditions of such access, membership or participation, on account of 224 |
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290 | 290 | | race, creed, color, national origin, ancestry, sex, gender identity or 225 |
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291 | 291 | | expression, marital status, age, lawful source of income, familial status, 226 |
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292 | 292 | | learning disability, physical or mental disability, [or] status as a veteran 227 |
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293 | 293 | | Raised Bill No. 1442 |
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294 | 294 | | |
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295 | 295 | | |
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296 | 296 | | |
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297 | 297 | | LCO No. 5785 9 of 14 |
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298 | 298 | | |
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299 | 299 | | or status as a victim of domestic violence. 228 |
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300 | 300 | | (9) To coerce, intimidate, threaten, or interfere with any person in the 229 |
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301 | 301 | | exercise or enjoyment of, or on account of his having exercised or 230 |
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302 | 302 | | enjoyed, or on account of his having aided or encouraged any other 231 |
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303 | 303 | | person in the exercise or enjoyment of, any right granted or protected 232 |
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304 | 304 | | by this section. 233 |
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305 | 305 | | (b) (1) The provisions of this section shall not apply to (A) the rental 234 |
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306 | 306 | | of a room or rooms in a single-family dwelling unit if the owner actually 235 |
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307 | 307 | | maintains and occupies part of such living quarters as his residence or 236 |
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308 | 308 | | (B) a unit in a dwelling containing living quarters occupied or intended 237 |
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309 | 309 | | to be occupied by no more than two families living independently of 238 |
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310 | 310 | | each other, if the owner actually maintains and occupies the other such 239 |
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311 | 311 | | living quarters as his residence. (2) The provisions of this section with 240 |
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312 | 312 | | respect to the prohibition of discrimination on the basis of marital status 241 |
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313 | 313 | | shall not be construed to prohibit the denial of a dwelling to a man or a 242 |
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314 | 314 | | woman who are both unrelated by blood and not married to each other. 243 |
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315 | 315 | | (3) The provisions of this section with respect to the prohibition of 244 |
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316 | 316 | | discrimination on the basis of age shall not apply to minors, to special 245 |
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317 | 317 | | discount or other public or private programs to assist persons sixty 246 |
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318 | 318 | | years of age and older or to housing for older persons as defined in 247 |
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319 | 319 | | section 46a-64b, provided there is no discrimination on the basis of age 248 |
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320 | 320 | | among older persons eligible for such housing. (4) The provisions of this 249 |
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321 | 321 | | section with respect to the prohibition of discrimination on the basis of 250 |
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322 | 322 | | familial status shall not apply to housing for older persons as defined in 251 |
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323 | 323 | | section 46a-64b or to a unit in a dwelling containing units for no more 252 |
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324 | 324 | | than four families living independently of each other, if the owner of 253 |
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325 | 325 | | such dwelling resides in one of the units. (5) The provisions of this 254 |
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326 | 326 | | section with respect to the prohibition of discrimination on the basis of 255 |
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327 | 327 | | lawful source of income shall not prohibit the denial of full and equal 256 |
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328 | 328 | | accommodations solely on the basis of insufficient income. (6) The 257 |
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329 | 329 | | provisions of this section with respect to the prohibition of 258 |
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330 | 330 | | discrimination on the basis of sex shall not apply to the rental of sleeping 259 |
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331 | 331 | | accommodations to the extent they utilize shared bathroom facilities 260 |
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332 | 332 | | Raised Bill No. 1442 |
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333 | 333 | | |
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334 | 334 | | |
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335 | 335 | | |
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336 | 336 | | LCO No. 5785 10 of 14 |
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337 | 337 | | |
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338 | 338 | | when such sleeping accommodations are provided by associations and 261 |
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339 | 339 | | organizations which rent such sleeping accommodations on a 262 |
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340 | 340 | | temporary or permanent basis for the exclusive use of persons of the 263 |
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341 | 341 | | same sex based on considerations of privacy and modesty. 264 |
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342 | 342 | | (c) Nothing in this section limits the applicability of any reasonable 265 |
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343 | 343 | | state statute or municipal ordinance restricting the maximum number 266 |
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344 | 344 | | of persons permitted to occupy a dwelling. 267 |
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345 | 345 | | (d) Nothing in this section or section 46a-64b shall be construed to 268 |
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346 | 346 | | invalidate or limit any state statute or municipal ordinance that requires 269 |
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347 | 347 | | dwellings to be designed and constructed in a manner that affords 270 |
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348 | 348 | | persons with physical or mental disabilities greater access than is 271 |
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349 | 349 | | required by this section or section 46a-64b. 272 |
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350 | 350 | | (e) Nothing in this section prohibits a person engaged in the business 273 |
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351 | 351 | | of furnishing appraisals of real property to take into consideration 274 |
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352 | 352 | | factors other than race, creed, color, national origin, ancestry, sex, 275 |
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353 | 353 | | gender identity or expression, marital status, age, lawful source of 276 |
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354 | 354 | | income, familial status, learning disability, physical or mental disability, 277 |
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355 | 355 | | [or] status as a veteran or status as a victim of domestic violence. 278 |
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356 | 356 | | (f) Notwithstanding any other provision of this chapter, complaints 279 |
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357 | 357 | | alleging a violation of this section shall be investigated within one 280 |
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358 | 358 | | hundred days of filing and a final administrative disposition shall be 281 |
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359 | 359 | | made within one year of filing unless it is impracticable to do so. If the 282 |
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360 | 360 | | Commission on Human Rights and Opportunities is unable to complete 283 |
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361 | 361 | | its investigation or make a final administrative determination within 284 |
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362 | 362 | | such time frames, it shall notify the complainant and the respondent in 285 |
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363 | 363 | | writing of the reasons for not doing so. 286 |
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364 | 364 | | (g) Any person who violates any provision of this section shall be 287 |
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365 | 365 | | guilty of a class D misdemeanor. 288 |
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366 | 366 | | Sec. 4. Subsection (e) of section 46a-83 of the general statutes is 289 |
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367 | 367 | | repealed and the following is substituted in lieu thereof (Effective July 1, 290 |
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368 | 368 | | Raised Bill No. 1442 |
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369 | 369 | | |
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370 | 370 | | |
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371 | 371 | | |
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372 | 372 | | LCO No. 5785 11 of 14 |
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373 | 373 | | |
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374 | 374 | | 2025): 291 |
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375 | 375 | | (e) If the complaint is not resolved after the mandatory mediation 292 |
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376 | 376 | | conference, the complainant, the respondent or the commission may at 293 |
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377 | 377 | | any time after such conference and before a draft investigative report is 294 |
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378 | 378 | | issued request early legal intervention. If a request for early legal 295 |
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379 | 379 | | intervention is made, a commission legal counsel shall determine not 296 |
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380 | 380 | | later than ninety days after the date of the request whether the 297 |
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381 | 381 | | complaint should be (1) heard pursuant to section 46a-84, (2) processed 298 |
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382 | 382 | | pursuant to subsection (f) of this section, or (3) released from the 299 |
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383 | 383 | | jurisdiction of the commission. In making such determination, 300 |
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384 | 384 | | commission legal counsel may hold additional proceedings and may 301 |
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385 | 385 | | utilize and direct commission staff. If a commission legal counsel 302 |
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386 | 386 | | determines that the complaint should be processed pursuant to 303 |
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387 | 387 | | subsection (f) of this section, the commission legal counsel may 304 |
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388 | 388 | | recommend that the investigator make a finding of no reasonable cause. 305 |
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389 | 389 | | The investigator shall make such a finding unless the investigator 306 |
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390 | 390 | | believes the commission legal counsel made a mistake of fact. If the 307 |
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391 | 391 | | investigator intends to make a finding of reasonable cause after the 308 |
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392 | 392 | | commission legal counsel recommends otherwise, the investigator shall 309 |
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393 | 393 | | consult with the commission legal counsel. 310 |
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394 | 394 | | Sec. 5. Subsection (c) of section 46a-94a of the general statutes is 311 |
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395 | 395 | | repealed and the following is substituted in lieu thereof (Effective July 1, 312 |
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396 | 396 | | 2025): 313 |
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397 | 397 | | (c) The commission on its own motion may, whenever justice so 314 |
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398 | 398 | | requires, reopen any matter previously closed, provided such matter 315 |
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399 | 399 | | has not been appealed to the Superior Court pursuant to subsection (a) 316 |
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400 | 400 | | of this section. Notice of such reopening shall be given to all parties. A 317 |
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401 | 401 | | complainant or respondent may, for good cause shown, in the interest 318 |
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402 | 402 | | of justice, apply in writing for the reopening of a [previously closed 319 |
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403 | 403 | | proceeding] matter that was closed prior to the commencement of a 320 |
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404 | 404 | | contested case proceeding, provided such application is filed with the 321 |
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405 | 405 | | executive director of the commission within two years of the 322 |
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406 | 406 | | Raised Bill No. 1442 |
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407 | 407 | | |
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408 | 408 | | |
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409 | 409 | | |
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410 | 410 | | LCO No. 5785 12 of 14 |
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411 | 411 | | |
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412 | 412 | | commission’s final decision and the complainant has (1) not been issued 323 |
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413 | 413 | | a release of jurisdiction pursuant to section 46a-83a, as amended by this 324 |
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414 | 414 | | act, and filed a civil action, or (2) requested and received a release of 325 |
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415 | 415 | | jurisdiction from the commission pursuant to section 46a-101. 326 |
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416 | 416 | | Sec. 6. Subsection (c) of section 46a-55 of the general statutes is 327 |
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417 | 417 | | repealed and the following is substituted in lieu thereof (Effective July 1, 328 |
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418 | 418 | | 2025): 329 |
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419 | 419 | | (c) The executive director may, within available appropriations, 330 |
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420 | 420 | | assign a commission legal counsel to bring a civil action concerning an 331 |
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421 | 421 | | alleged discriminatory practice, in accordance with this subsection, in 332 |
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422 | 422 | | lieu of an administrative hearing pursuant to section 46a-84, when the 333 |
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423 | 423 | | executive director determines that a civil action is in the public interest 334 |
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424 | 424 | | and if the parties to the administrative hearing mutually agree, in 335 |
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425 | 425 | | writing, to the bringing of such civil action by commission legal counsel. 336 |
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426 | 426 | | The commission legal counsel shall bring such a civil action in the 337 |
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427 | 427 | | Superior Court not later than ninety days following the date the 338 |
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428 | 428 | | commission legal counsel notifies the parties of the executive director's 339 |
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429 | 429 | | determination. Such civil action may be served by certified mail and 340 |
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430 | 430 | | shall not be subject to the provisions of section 46a-100 [,] or 46a-101. [or 341 |
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431 | 431 | | 46a-102.] The jurisdiction of the Superior Court in an action brought 342 |
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432 | 432 | | under this subsection shall be limited to such claims, counterclaims, 343 |
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433 | 433 | | defenses or the like that could be presented at an administrative hearing 344 |
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434 | 434 | | before the commission, had the complaint remained with the 345 |
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435 | 435 | | commission for disposition. A complainant may intervene as a matter 346 |
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436 | 436 | | of right without permission of the court or the parties. The civil action 347 |
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437 | 437 | | shall be tried to the court without a jury. If the commission legal counsel 348 |
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438 | 438 | | determines that the interests of the state will not be adversely affected, 349 |
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439 | 439 | | the complainant or attorney for the complainant shall present all or part 350 |
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440 | 440 | | of the case in support of the complaint. The court may grant any relief 351 |
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441 | 441 | | available under section 46a-104. Where the Superior Court finds that a 352 |
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442 | 442 | | respondent has committed a discriminatory practice, the court shall 353 |
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443 | 443 | | grant the commission its fees and costs and award the commission a 354 |
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444 | 444 | | civil penalty, not exceeding ten thousand dollars, provided such 355 |
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445 | 445 | | Raised Bill No. 1442 |
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446 | 446 | | |
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447 | 447 | | |
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448 | 448 | | |
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449 | 449 | | LCO No. 5785 13 of 14 |
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450 | 450 | | |
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451 | 451 | | discriminatory practice has been established by clear and convincing 356 |
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452 | 452 | | evidence, which shall be payable to the commission and used by the 357 |
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453 | 453 | | commission to advance the public interest in eliminating discrimination. 358 |
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454 | 454 | | Sec. 7. Subsection (b) of section 46a-82b of the general statutes is 359 |
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455 | 455 | | repealed and the following is substituted in lieu thereof (Effective July 1, 360 |
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456 | 456 | | 2025): 361 |
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457 | 457 | | (b) If the commission fails to issue a determination of reasonable 362 |
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458 | 458 | | cause or no reasonable cause on any such complaint not later than 363 |
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459 | 459 | | January 1, 1997, the executive director of the commission shall issue 364 |
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460 | 460 | | forthwith a release of the complaint from the commission, allowing the 365 |
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461 | 461 | | complainant to bring a civil action. Upon receipt of a release pursuant 366 |
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462 | 462 | | to this section, the complainant may bring a civil action in accordance 367 |
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463 | 463 | | with the provisions of sections 46a-100, 46a-101, 46a-103 and 46a-104. [, 368 |
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464 | 464 | | notwithstanding the statute of limitations pursuant to section 46a-102.] 369 |
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465 | 465 | | Sec. 8. Section 46a-83a of the general statutes is repealed and the 370 |
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466 | 466 | | following is substituted in lieu thereof (Effective July 1, 2025): 371 |
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467 | 467 | | If a complaint is dismissed for failure to accept full relief pursuant to 372 |
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468 | 468 | | subsection (m) of section 46a-83, and the complainant does not request 373 |
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469 | 469 | | reconsideration of such dismissal as provided in subsection (h) of 374 |
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470 | 470 | | section 46a-83, the executive director shall issue a release of jurisdiction 375 |
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471 | 471 | | and the complainant may, within ninety days of receipt of the release 376 |
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472 | 472 | | from the commission, bring an action in accordance with sections 46a-377 |
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473 | 473 | | 100, [and 46a-102 to 46a-104, inclusive] 46a-103 and 46a-104. 378 |
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474 | 474 | | Sec. 9. Section 46a-102 of the general statutes is repealed. (Effective July 379 |
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475 | 475 | | 1, 2025) 380 |
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476 | 476 | | This act shall take effect as follows and shall amend the following |
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477 | 477 | | sections: |
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478 | 478 | | |
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479 | 479 | | Section 1 July 1, 2025 46a-51 |
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480 | 480 | | Sec. 2 July 1, 2025 46a-81c |
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481 | 481 | | Sec. 3 July 1, 2025 46a-64c |
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482 | 482 | | Raised Bill No. 1442 |
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483 | 483 | | |
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484 | 484 | | |
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485 | 485 | | |
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486 | 486 | | LCO No. 5785 14 of 14 |
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487 | 487 | | |
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488 | 488 | | Sec. 4 July 1, 2025 46a-83(e) |
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489 | 489 | | Sec. 5 July 1, 2025 46a-94a(c) |
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490 | 490 | | Sec. 6 July 1, 2025 46a-55(c) |
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491 | 491 | | Sec. 7 July 1, 2025 46a-82b(b) |
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492 | 492 | | Sec. 8 July 1, 2025 46a-83a |
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493 | 493 | | Sec. 9 July 1, 2025 Repealer section |
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494 | 494 | | |
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495 | 495 | | Statement of Purpose: |
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496 | 496 | | To (1) define "employer's agent" for purposes of the state's |
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497 | 497 | | discrimination laws, (2) make conforming statutory changes relating to |
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498 | 498 | | an individual's status as a victim of domestic violence, (3) clarify when |
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499 | 499 | | requests for early legal intervention can be made, (4) clarify when |
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500 | 500 | | commission proceedings may be reopened or appealed, and (5) align |
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501 | 501 | | state law with federal law concerning a complainant's ability to pursue |
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502 | 502 | | a matter in state court. |
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503 | 503 | | |
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504 | 504 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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505 | 505 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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506 | 506 | | underlined.] |
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507 | 507 | | |
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