Chapter 814c

(1) “Blind” refers to an individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees;

(2) “Commission” means the Commission on Human Rights and Opportunities created by section 46a-52;

(3) “Commission legal counsel” means a member of the legal staff employed by the commission pursuant to section 46a-54;

(4) “Commissioner” means a member of the commission;

(5) “Court” means the Superior Court or any judge of said court;

(6) “Discrimination” includes segregation and separation;

(7) “Discriminatory employment practice” means any discriminatory practice specified in subsection (b), (d), (e) or (f) of section 31-51i or section 46a-60 or 46a-81c;

(8) “Discriminatory practice” means a violation of section 4a-60, 4a-60g, 19a-498c, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 46a-59a, 46a-60, 46a-64, 46a-64c, 46a-66 or 46a-68, sections 46a-68c to 46a-68f, inclusive, sections 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80, sections 46a-81b to 46a-81o, inclusive, sections 46a-80b to 46a-80e, inclusive, or sections 46a-80k to 46a-80m, inclusive, or section 49-41c;

(9) “Employee” means any person employed by an employer but shall not include any individual employed by such individual's parents, spouse or child. “Employee” includes any elected or appointed official of a municipality, board, commission, counsel or other governmental body;

(10) “Employer” includes the state and all political subdivisions thereof and means any person or employer with one or more persons in such person's or employer's employ;

(11) “Employment agency” means any person undertaking with or without compensation to procure employees or opportunities to work;

(12) “Labor organization” means any organization which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment;

(13) “Intellectual disability” means intellectual disability as defined in section 1-1g;

(14) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, receivers and the state and all political subdivisions and agencies thereof;

(15) “Physically disabled” refers to any individual who has any chronic physical handicap, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, epilepsy, deafness or being hard of hearing or reliance on a wheelchair or other remedial appliance or device;

(16) “Respondent” means any person alleged in a complaint filed pursuant to section 46a-82 to have committed a discriminatory practice;

(17) “Discrimination on the basis of sex” includes, but is not limited to, discrimination related to pregnancy, child-bearing capacity, sterilization, fertility or related medical conditions;

(18) “Discrimination on the basis of religious creed” includes, but is not limited to, discrimination related to all aspects of religious observances and practice as well as belief, unless an employer demonstrates that the employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business;

(19) “Learning disability” refers to an individual who exhibits a severe discrepancy between educational performance and measured intellectual ability and who exhibits a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in a diminished ability to listen, speak, read, write, spell or to do mathematical calculations;

(20) “Mental disability” refers to an individual who has a record of, or is regarded as having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”;

(21) “Gender identity or expression” means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose;

(22) “Veteran” has the same meaning as provided in subsection (a) of section 27-103;

(23) “Race” is inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles;

(24) “Protective hairstyles” includes, but is not limited to, wigs, headwraps and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs;

(25) “Domestic violence” has the same meaning as provided in subsection (b) of section 46b-1;

(26) “Sexual orientation” means a person's identity in relation to the gender or genders to which they are romantically, emotionally or sexually attracted, inclusive of any identity that a person (A) may have previously expressed, or (B) is perceived by another person to hold;

(27) “Victim of sexual assault” means a victim of sexual assault under section 53a-70, 53a-70a, 53a-70b, revision of 1958, revised to January 1, 2019, 53a-70c, 53a-71, 53a-72, revision of 1958, revised to January 1, 1975, 53a-72a, 53a-72b, 53a-73, revision of 1958, revised to the 1969 supplement to the general statutes or 53a-73a; and

(28) “Victim of trafficking in persons” means a victim of trafficking in persons under section 53a-192a.

(1949 Rev., S. 7401; 1959, P.A. 145, S. 1; 1967, P.A. 253; 636, S. 5, 6; P.A. 75-350, S. 1; P.A. 76-96, S. 1, 2; P.A. 77-452, S. 61, 72; P.A. 80-422, S. 1; 80-449, S. 3, 6; P.A. 81-81, S. 3; 81-382, S. 1; P.A. 82-51, S. 2; P.A. 83-587, S. 56, 96; P.A. 84-204; P.A. 88-303, S. 4; P.A. 90-246, S. 1; 90-330, S. 2, 11; P.A. 91-58, S. 20; P.A. 95-79, S. 167, 189; P.A. 01-28, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 189; P.A. 07-142, S. 1; P.A. 11-55, S. 1; 11-129, S. 20; P.A. 15-56, S. 2; 15-249, S. 1; P.A. 17-127, S. 1; 17-202, S. 96; P.A. 19-16, S. 2; 19-93, S. 1; P.A. 21-2, S. 1; 21-32, S. 10; P.A. 22-82, S. 7; P.A. 23-145, S. 2; P.A. 24-19, S. 39; 24-24, S. 16; P.A. 25-139, S. 2; 25-154, S. 2; 25-168, S. 211.)

History: 1959 act added Subdiv. (k) defining age; 1967 acts redefined “employer” as one with three or more rather than five or more employees and redefined “commission” and “commissioner” to change commission name from commission on civil rights to commission on human rights and opportunities; P.A. 75-350 deleted definition of “age”, i.e. as “any age between forty and sixty-five, inclusive”; P.A. 76-96 redefined “court” as court of common pleas rather than superior court; P.A. 77-452 redefined “court” as superior court; P.A. 80-422 deleted definition of “unfair employment practice”, defined “blind”, “commission counsel”, “discriminatory employment practice”, “discriminatory practice”, “mental retardation” and “respondent”, replaced alphabetic Subdiv. indicators with numeric indicators and arranged definitions in alphabetical order; P.A. 80-449 made no substantive change; Sec. 31-122 transferred to Sec. 46a-51 in 1981; P.A. 81-81 amended Subdiv. (8) by adding reference to “section 47a-2a” which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 81-382 added Subdiv. (17) defining “discrimination on the basis of sex”; P.A. 82-51 redefined “mental retardation” to adopt the definition of Sec. 1-1g of the general statutes; P.A. 83-587 substituted “46a-54” for “46-54” in Subdiv. (3); P.A. 84-204 added Subdiv. (18) defining “discrimination on the basis of religious creed”; P.A. 88-303 redefined “discriminatory practice” to include a violation of Sec. 4-114a; P.A. 90-246 amended Subdiv. (8) by deleting reference to repealed Sec. 46a-64a and adding reference to Sec. 46a-64c; P.A. 90-330 added definition of “learning disability”; P.A. 91-58 added reference in introductory clause to Sec. 4a-60a and proposed to add reference to Secs. 46a-81a to 46a-81o, inclusive, but said Secs. already included in existing reference to “this chapter”, amended definition of “discriminatory employment practice” to add reference to Sec. 46a-81c, and amended definition of “discriminatory practice” to include a violation of Sec. 4a-60a and Secs. 46a-81b to 46a-81o, inclusive; P.A. 95-79 redefined “person” to include limited liability companies, effective May 31, 1995; P.A. 01-28 added Subdiv. (20) defining “mental disability” and made technical changes for the purpose of gender neutrality in Subdivs. (9), (10) and (18); June 30 Sp. Sess. P.A. 03-6 replaced “commission counsel” with “commission legal counsel” as the defined term and replaced “the counsel employed by the commission pursuant to section 46a-54” with “a member of the legal staff employed by the commission pursuant to section 46a-54” as the definition of said term, effective August 20, 2003; P.A. 07-142 amended Subdiv. (8) by adding reference to Sec. 4a-60g and Secs. 46a-68c to 46a-68f, inclusive, and making technical changes, effective July 1, 2007; P.A. 11-55 added Subdiv. (21) defining “gender identity or expression”; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subdiv. (13); P.A. 15-56 amended Subdiv. (8) by adding reference to Sec. 31-40y in definition of “discriminatory practice”; P.A. 15-249 amended Subdiv. (9) by deleting reference to individuals employed in domestic service of any person in definition of “employee”, effective January 1, 2016; P.A. 17-127 added Subdiv. (22) defining “veteran”; P.A. 17-202 amended Subdiv. (15) by replacing “hearing impairment” with “being hard of hearing” in definition of “physically disabled”; P.A. 19-16 amended Subdiv. (8) by redefining “discriminatory practice”; P.A. 19-93 amended Subdiv. (8) by redefining “discriminatory practice”; P.A. 21-2 added Subdiv. (23) defining “race” and Subdiv. (24) defining “protective hairstyles”, effective March 4, 2021; P.A. 21-32 amended Subdiv. (7) to add reference to Secs. 31-51i(b) and (d) to (f) in definition of “discriminatory employment” and amended Subdiv. (8) to add reference to Secs. 31-51i(b) and (d) to (f), 46a-80b to 46a-80e and 46a-80k to 46a-80m in definition of “discriminatory practice”, effective January 1, 2023; P.A. 22-82 redefined “employee” and “employer” in Subdivs. (9) and (10), added Subdiv. (25) defining “domestic violence” and made technical changes; P.A. 23-145 added Subdiv. (26) defining “sexual orientation” and made technical changes, effective July 1, 2023; P.A. 24-19 amended Subdiv. (8) to add reference to Sec. 19a-498c; P.A. 24-24 made a technical change in Subdiv. (20); P.A. 25-139 added Subdiv. (27) defining “victim of sexual assault” and Subdiv. (28) defining “victim of trafficking in persons”; P.A. 25-154 amended Subdiv. (8) by adding reference to Sec. 46a-59a and by making a technical change; P.A. 25-168 deleted references to Sec. 4a-60a in introduction and Subdiv. (8) and further amended Subdiv. (8) by adding reference to Sec. 49-41c and making a technical change, and amended Subdivs. (17), (18) and (22) by making technical changes.

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Sec. 46a-56. Commission duties. (a) The commission shall:

(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;

(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;

(3) Investigate and proceed in all cases of discriminatory practices under this chapter and noncompliance with the provisions of section 4a-60, or sections 46a-68c to 46a-68f, inclusive, provided, the commission, whenever it has reason to believe that a person who is a party to a discriminatory practice case has engaged or is engaged in conduct that constitutes a violation of part VI, of chapter 952, may refer such matter to the Office of the Chief State's Attorney and said office shall conduct a further investigation as deemed necessary;

(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;

(5) Monitor state contracts to determine whether they are in compliance with section 4a-60, and those provisions of the general statutes which prohibit discrimination;

(6) Compile data concerning state contracts with female and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors;

(7) Develop and include on the commission's Internet web site a link concerning the illegality of sexual harassment, as defined in section 46a-60, and the remedies available to victims of sexual harassment;

(8) Develop and make available at no cost to employers an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (15) of section 46a-54;

(9) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and include on the commission's Internet web site a link concerning domestic violence and the resources available to victims of domestic violence; and

(10) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and make available at no cost to each state agency an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (19) of section 46a-54.

(b) The commission may, when it is deemed in the best interests of the state, exempt a contractor from the requirements of complying with any or all of the provisions of section 4a-60, 46a-68c, 46a-68d or 46a-68e in any specific contract. Exemptions under the provisions of this section may include, but not be limited to, the following instances: (1) If the work is to be or has been performed outside the state and no recruitment of workers within the limits of the state is involved; (2) those involving less than specified amounts of money or specified numbers of workers; (3) to the extent that they involve subcontracts below a specified tier. The commission may also exempt facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract, provided such an exemption shall not interfere with or impede the effectuation of the purposes of this section and sections 4a-60, 4a-60g and 46a-68b to 46a-68k, inclusive.

(c) (1) If the commission determines through its monitoring and compliance procedures that a contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60, or sections 46a-68c to 46a-68f, inclusive, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a human rights referee appointed by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or sections 46a-68c to 46a-68f, inclusive, the presiding officer shall order such relief as is necessary to achieve full compliance with any antidiscrimination statute and required contract provisions.

(2) The presiding officer may:

(A) Order the awarding agency to retain two per cent of the total contract price per month on any existing contract with such contractor that the agency withheld pursuant to section 46a-68e and in the case of a state contract, transfer the funds to the State Treasurer for deposit in the special fund described in subsection (e) of this section;

(B) Prohibit the contractor from participation in any further public works contracts until: (i) The expiration of a period of two years from the date of the finding of noncompliance, or (ii) the presiding officer determines that the contractor has adopted policies consistent with such statutes, provided the presiding officer shall make such determination not later than forty-five days after such finding of noncompliance;

(C) Publish, or cause to be published, the names of contractors or unions that the presiding officer has found to be in noncompliance with such provisions;

(D) Notify the Attorney General that, in cases in which there is substantial violation or the threat of substantial violation of section 4a-60, appropriate proceedings should be brought to enforce such provisions, including the enjoining of organizations, individuals or groups that prevent, or seek to prevent, compliance with section 4a-60;

(E) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964 or related laws when necessary;

(F) Recommend to the appropriate prosecuting authority that criminal proceedings be brought for the furnishing of false information to any awarding agency or to the commission;

(G) Order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60 or sections 46a-68c to 46a-68f, inclusive, not later than a period of thirty days after the issuance of such order or, for good cause shown, within an additional period of thirty days, and, if such contractor fails to bring itself into such compliance within such time period and such noncompliance is substantial or there is a pattern of noncompliance, recommend to the awarding agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies;

(H) Order the awarding agency to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the commission that such contractor has established and will carry out personnel and employment policies in compliance with antidiscrimination statutes and section 4a-60 and sections 46a-68c to 46a-68f, inclusive; or

(I) Order two or more remedies or other relief designed to achieve full compliance with antidiscrimination statutes and required contract provisions.

(3) The commission shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

(d) If the commission determines, through its monitoring and compliance procedures, that, with respect to a public works contract, a contractor, subcontractor, service provider or supplier of materials has (1) fraudulently qualified as a minority business enterprise, or (2) performed services or supplied materials on behalf of another contractor, subcontractor, service provider or supplier of materials knowing (A) that such other contractor, subcontractor, service provider or supplier has fraudulently qualified as a minority business enterprise in order to appear to comply with antidiscrimination statutes or contract provisions required under section 4a-60, and (B) that such services or materials are to be used in connection with a contract entered into pursuant to subsection (b) of section 4a-60g, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a referee assigned by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with the provisions of chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding that a contractor, subcontractor, service provider or supplier of materials has violated this subsection, the presiding officer shall assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor, service provider or supplier of materials.

(e) The Attorney General, upon complaint of the commission, shall institute a civil action in the superior court for the judicial district of Hartford to recover any penalty assessed pursuant to subsection (d) of this section. Any penalties recovered pursuant to this subsection shall be deposited in a special fund and shall be held by the State Treasurer separate and apart from all other moneys, funds and accounts. The resources in such fund shall, pursuant to regulations adopted by the commission, in accordance with the provisions of chapter 54, be used to assist minority business enterprises. As used in this section, “minority business enterprise” means any contractor, subcontractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise; (2) who have the power to direct the management and policies of the enterprise; and (3) who are members of a minority, as defined in subsection (a) of section 32-9n.

(P.A. 80-422, S. 5; P.A. 83-569, S. 10, 17; P.A. 88-230, S. 1, 12; 88-303, S. 5; 88-351, S. 7, 16; 88-364, S. 94, 123; P.A. 89-253, S. 5, 7; P.A. 90-98, S. 1, 2; P.A. 91-58, S. 22; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 07-142, S. 2; June Sp. Sess. P.A. 15-5, S. 71; P.A. 19-16, S. 3; P.A. 22-82, S. 9; P.A. 23-204, S. 243; 23-205, S. 192; P.A. 25-168, S. 212.)

History: P.A. 83-569 amended prior provisions to require the commission to monitor state contracts and added Subsec. (b) to prohibit contractors who fail to comply with antidiscrimination statutes from entering into state contracts; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-303 added new subsection requiring the commission to assess a penalty against certain contractors, subcontractors or suppliers of materials; P.A. 88-351 amended duties of commission in Subsec. (a) to include investigation of noncompliance with Sec. 4-114a and compilation of data re state contracts with female and minority business enterprises and submission of annual report, inserted new Subsec. (b) re exemption of contractor from certain affirmative action requirements in certain contracts and added provisions in former Subsec. (b), now Subsec. (c), re retention of 2% of contract price per month, prohibition from participation in further contracts and additional sanctions by commission for noncompliance; P.A. 88-364 amended Subsec. (c) by substituting “commission” for “commissioner” and deleting “subject to the recommendations and approval of the commission”; P.A. 89-253 changed reference to Sec. 4-114a to Sec. 4a-60 throughout section and in Subsec. (b) changed reference to Sec. 4-114c to Sec. 4a-62 and deleted provision re applicability of said sections in absence of exemption; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-58 added references to Sec. 4a-60a throughout section; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; (Revisor's note: In 1995 the Revisors made an editorial correction at the end of Subsec. (b) substituting “32-9e” for “32-9c”, thereby correcting a longstanding clerical error in the codification of P.A. 88-351, S. 7); P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 07-142 amended Subsec. (c) to revise procedures for issuance and hearing of complaints against contractors and subcontractors, add provision re ordering contractor to bring itself into compliance with antidiscrimination statutes, required contract provisions or Secs. 46a-68c to 46a-68f, inclusive, and make technical changes and amended Subsec. (d) to make conforming and technical changes, effective July 1, 2007; June Sp. Sess. P.A. 15-5 amended Subsec. (c) by deleting reference to hearing officer, by adding reference to chief referee, by adding provision re presiding officer to order relief as necessary to achieve compliance with statute and contract provisions, by designating existing provision as Subpara. (A) and amending same by adding reference to Sec. 46a-68d and provision re transferring of funds for deposit in the special fund and adding Subpara. (B) re municipal public works and quasi-public agency contracts in Subdiv. (1), by adding reference to municipal public works and quasi-public agency contracts in Subdiv. (2), by deleting “material”, “the contractual provisions set forth in”, “within the limitations of applicable law” and references to directly or indirectly in Subdiv. (4), by adding “or related laws” in Subdiv. (5), by changing “contracting agency” to “awarding agency” in Subdivs. (6) to (8) and further amending Subdivs. (7) and (8) by adding reference to municipal public works and quasi-public agency project contracts and by adding Subdiv. (9) re ordering more remedies or other relief, amended Subsec. (d) by deleting “and after a complaint is filed and a hearing is held pursuant to subsection (c) of this section” and by adding references to municipal public works, quasi-public agency project contracts and service provider, by replacing reference to hearing officer or human rights referee with reference to commission issuing a complaint and by adding provisions re hearing to be held on a complaint and by designating existing provisions re civil action by Attorney General as Subsec. (e), and made technical changes; P.A. 19-16 amended Subsec. (a) by adding Subdiv. (7) re developing and including on commission's Internet web site a link concerning illegality of sexual harassment and remedies available, adding Subdiv. (8) re commission developing and making available at no cost to employers' an online training and education video or other interactive method of training and education, and by making technical changes, effective July 1, 2019; P.A. 22-82 amended Subsec. (a) by adding Subdiv. (9) re developing and including on commission's Internet web site a link concerning domestic violence and resources available to victims of domestic violence, by adding Subdiv. (10) re developing and making available at no cost to each state agency an online training and education video concerning domestic violence and by making technical changes; P.A. 23-204 amended Subsec. (b) by deleting reference to Sec. 4a-62, effective July 1, 2023; P.A. 23-205 amended Subsec. (a)(3) by adding provision re commission's responsibility to refer a matter to Office of the Chief State's Attorney when commission has reasonable belief that a party to a discriminatory practice case has engaged in conduct that constitutes a violation of part VI of Ch. 952 and made a technical change, effective July 1, 2023; P.A. 25-168 deleted references to Sec. 4a-60a and references to municipal public works and quasi-public agency contracts or projects throughout and substantially revised Subsec. (c), including by redesignating Subdivs. (1) to (9) as Subdiv. (2)(A) to (I), and amended Subsec. (d) by replacing references to types of contracts with “public works contract” and making a technical change and amended Subsec. (e) by making a technical change.

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PART II

DISCRIMINATORY PRACTICES

Sec. 46a-58. (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Placing of burning cross or noose on property. Penalty. Restitution. (a) It shall be a discriminatory practice in violation of this section for any person to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges or immunities, secured or protected by the Constitution or laws of this state or of the United States, on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons.

(b) Any person who intentionally desecrates any public property, monument or structure, or any religious object, symbol or house of religious worship, or any cemetery, or any private structure not owned by such person, shall be in violation of subsection (a) of this section. For the purposes of this subsection, “desecrate” means to mar, deface or damage as a demonstration of irreverence or contempt.

(c) Any person who places a burning cross or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person or group of persons, shall be in violation of subsection (a) of this section.

(d) Any person who places a noose or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, shall be in violation of subsection (a) of this section.

(e) (1) Except as provided in subdivision (2) of this subsection, any person who violates any provision of this section shall be guilty of a class A misdemeanor and shall be fined not less than one thousand dollars, except that if property is damaged as a consequence of such violation in an amount in excess of one thousand dollars, such person shall be guilty of a class D felony and shall be fined not less than one thousand dollars.

(2) Any person who violates the provisions of this section by intentionally desecrating a house of religious worship (A) shall be guilty of a class D felony and shall be fined not less than one thousand dollars if property is damaged as a consequence of such violation in an amount up to and including ten thousand dollars, and (B) shall be guilty of a class C felony and shall be fined not less than three thousand dollars if the property damaged as a consequence of such violation is in an amount in excess of ten thousand dollars.

(3) The minimum amount of any fine imposed by the provisions of this section may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.

(4) The court may order restitution for any victim of a violation of this section pursuant to subsection (c) of section 53a-28.

(1949 Rev., S. 8374; P.A. 74-80; P.A. 77-278, S. 1; P.A. 80-54; 80-422, S. 7; P.A. 84-15; P.A. 05-288, S. 155; P.A. 07-62, S. 1; 07-217, S. 166; P.A. 08-49, S. 1; P.A. 11-55, S. 22; June Sp. Sess. P.A. 15-5, S. 73; P.A. 17-111, S. 1; 17-127, S. 2; P.A. 22-82, S. 11; P.A. 23-145, S. 1; P.A. 25-139, S. 4.)

History: P.A. 74-80 applied penalty to discrimination based on sex and specified violation as class A misdemeanor, deleting penalty of maximum fine of $1,000 and/or maximum imprisonment of one year; P.A. 77-278 applied penalty to discrimination based on blindness or physical disability; P.A. 80-54 applied penalty to discrimination based on religion or national origin and added Subsecs. (b) and (c) re desecration of property and burning crosses on property; P.A. 80-422 rephrased Subsec. (a) and designated penalty provision formerly in Subsec. (a) as Subsec. (d); Sec. 53-34 transferred to Sec. 46a-58 in 1981; P.A. 84-15 amended Subsec. (d) by increasing the penalty to a class D felony if property is damaged in an amount in excess of $1,000; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 07-62 amended Subsec. (a) by applying penalty to discrimination based on sexual orientation; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007; P.A. 08-49 added new Subsec. (d) re placing a noose or simulation thereof on property with intent to intimidate or harass another person and redesignated existing Subsec. (d) as Subsec. (e); P.A. 11-55 amended Subsec. (a) to prohibit deprivation of rights, privileges or immunities on account of gender identity or expression; June Sp. Sess. P.A. 15-5 amended Subsec. (a) to add “, mental disability”; P.A. 17-111 amended Subsec. (c) by adding provision re intent to intimidate or harass, amended Subsec. (d) by adding “gender identity or expression,” and “, mental disability”, amended Subsec. (e) by designating existing provisions re violation of any provision of section and exception if property damaged as Subdiv. (1) and amending same by adding provision re exception in Subdiv. (2), and adding provisions re fine not less than $1,000, adding Subdiv. (2) re intentional desecration of house of religious worship, adding Subdiv. (3) re remitting or reducing fine amount and adding Subdiv. (4) re restitution, and made technical changes; P.A. 17-127 amended Subsecs. (a) and (d) to add “status as a veteran” and made technical changes; P.A. 22-82 amended Subsecs. (a) and (d) by adding “status as a victim of domestic violence” and by making technical changes; P.A. 23-145 amended Subsecs. (a) and (d) by adding “age”, effective July 1, 2023; P.A. 25-139 added “status as a victim of sexual assault or status as a victim of trafficking in persons” in Subsecs. (a) and (d).

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Sec. 46a-59. (Formerly Sec. 53-35a). Discrimination in associations of licensed persons prohibited. Penalty. (a) It shall be a discriminatory practice in violation of this section for any association, board or other organization the principal purpose of which is the furtherance of the professional or occupational interests of its members, whose profession, trade or occupation requires a state license, to refuse to accept a person as a member of such association, board or organization because of his race, national origin, creed, sex, gender identity or expression, color, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons.

(b) Any association, board or other organization which violates the provisions of this section shall be fined not less than one hundred dollars nor more than five hundred dollars.

(February, 1965, P.A. 433, S. 1; 1967, P.A. 39; P.A. 80-422, S. 8; P.A. 11-55, S. 23; P.A. 17-127, S. 3; P.A. 22-82, S. 12; P.A. 25-139, S. 5.)

History: 1967 act applied penalty to refusal to accept person as a member because of national origin or sex; P.A. 80-422 divided section into Subsecs. and restated provisions; Sec. 53-35a transferred to Sec. 46a-59 in 1981; P.A. 11-55 amended Subsec. (a) to prohibit discrimination on basis of gender identity or expression; P.A. 17-127 amended Subsec. (a) to add “status as a veteran” and make technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence” and by making technical changes; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”.

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Sec. 46a-59a. Discrimination in provision of health care services prohibited. It shall be a discriminatory practice in violation of this section for any health care provider to knowingly discriminate in the provision of health care services on account of a person's race, color, religious creed, sex, gender identity or expression, sexual orientation, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran or status as a victim of domestic violence. As used in this section, “health care provider” means any person, corporation, facility or institution licensed by this state to provide health care services, or an officer, employee or agent thereof acting in the course and scope of such person's employment. Nothing in this section shall be construed to (1) require the delivery of futile health care and services in conflict with a health care provider's professional judgment or ethical considerations, (2) affect the professional standard of care, or (3) interfere with public health planning.

(P.A. 25-154, S. 1.)

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Sec. 46a-60. (Formerly Sec. 31-126). Discriminatory employment practices prohibited. (a) As used in this section:

(1) “Pregnancy” means pregnancy, childbirth or a related condition, including, but not limited to, lactation;

(2) “Reasonable accommodation” means, but is not limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk; and

(3) “Undue hardship” means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation; (B) the overall financial resources of the employer; (C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and (D) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.

(b) It shall be a discriminatory practice in violation of this section:

(1) For an employer, by the employer or the employer's agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against any individual in compensation or in terms, conditions or privileges of employment because of the individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons;

(2) For any employment agency, except in the case of a bona fide occupational qualification or need, to fail or refuse to classify properly or refer for employment or otherwise to discriminate against any individual because of such individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons;

(3) For a labor organization, because of the race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons of any individual to exclude from full membership rights or to expel from its membership such individual or to discriminate in any way against any of its members or against any employer or any individual employed by an employer, unless such action is based on a bona fide occupational qualification;

(4) For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory employment practice or because such person has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;

(5) For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any act declared to be a discriminatory employment practice or to attempt to do so;

(6) For any person, employer, employment agency or labor organization, except in the case of a bona fide occupational qualification or need, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against individuals because of their race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons;

(7) For an employer, by the employer or the employer's agent: (A) To terminate a woman's employment because of her pregnancy; (B) to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy; (C) to deny to that employee, who is disabled as a result of pregnancy, any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer; (D) to fail or refuse to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so; (E) to limit, segregate or classify the employee in a way that would deprive her of employment opportunities due to her pregnancy; (F) to discriminate against an employee or person seeking employment on the basis of her pregnancy in the terms or conditions of her employment; (G) to fail or refuse to make a reasonable accommodation for an employee or person seeking employment due to her pregnancy, unless the employer can demonstrate that such accommodation would impose an undue hardship on such employer; (H) to deny employment opportunities to an employee or person seeking employment if such denial is due to the employee's request for a reasonable accommodation due to her pregnancy; (I) to force an employee or person seeking employment affected by pregnancy to accept a reasonable accommodation if such employee or person seeking employment (i) does not have a known limitation related to her pregnancy, or (ii) does not require a reasonable accommodation to perform the essential duties related to her employment; (J) to require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of such leave; and (K) to retaliate against an employee in the terms, conditions or privileges of her employment based upon such employee's request for a reasonable accommodation;

(8) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression. If an employer takes immediate corrective action in response to an employee's claim of sexual harassment, such corrective action shall not modify the conditions of employment of the employee making the claim of sexual harassment unless such employee agrees, in writing, to any modification in the conditions of employment. “Corrective action” taken by an employer, includes, but is not limited to, employee relocation, assigning an employee to a different work schedule or other substantive changes to an employee's terms and conditions of employment. Notwithstanding an employer's failure to obtain a written agreement from an employee concerning a modification in the conditions of employment, the commission may find that corrective action taken by an employer was reasonable and not of detriment to the complainant based on the evidence presented to the commission by the complainant and respondent. As used in this subdivision, “sexual harassment” means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;

(9) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to request or require information from an employee, person seeking employment or member relating to the individual's child-bearing age or plans, pregnancy, function of the individual's reproductive system, use of birth control methods, or the individual's familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need, provided an employer, through a physician may request from an employee any such information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus if the employer first informs the employee of the hazards involved in exposure to such substances;

(10) For an employer, by the employer or the employer's agent, after informing an employee, pursuant to subdivision (9) of this subsection, of a workplace exposure to substances which may cause birth defects or constitute a hazard to an employee's reproductive system or to a fetus, to fail or refuse, upon the employee's request, to take reasonable measures to protect the employee from the exposure or hazard identified, or to fail or refuse to inform the employee that the measures taken may be the subject of a complaint filed under the provisions of this chapter. Nothing in this subdivision is intended to prohibit an employer from taking reasonable measures to protect an employee from exposure to such substances. For the purpose of this subdivision, “reasonable measures” are those measures which are consistent with business necessity and are least disruptive of the terms and conditions of the employee's employment;

(11) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent: (A) To request or require genetic information from an employee, person seeking employment or member, or (B) to discharge, expel or otherwise discriminate against any person on the basis of genetic information. For the purpose of this subdivision, “genetic information” means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member;

(12) For an employer, by the employer or the employer's agent, to request or require a prospective employee's age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, provided the provisions of this subdivision shall not apply to any employer requesting or requiring such information (A) based on a bona fide occupational qualification or need, or (B) when such information is required to comply with any provision of state or federal law; and

(13) (A) For an employer or the employer's agent to deny an employee a reasonable leave of absence in order to: (i) Seek attention for injuries caused by domestic violence, sexual assault or trafficking in persons, including for a child who is a victim of domestic violence, sexual assault or trafficking in persons, provided the employee is not the perpetrator of any act of domestic violence, sexual assault or trafficking in persons committed against a child; (ii) obtain services including safety planning from a domestic violence agency or rape crisis center, as those terms are defined in section 52-146k, as a result of domestic violence, sexual assault or trafficking in persons; (iii) obtain psychological counseling related to an incident or incidents of domestic violence, sexual assault or trafficking in persons, including for a child who is a victim of domestic violence, sexual assault or trafficking in persons, provided the employee is not the perpetrator of any act of domestic violence, sexual assault or trafficking in persons committed against a child; (iv) take other actions to increase safety from future incidents of domestic violence, sexual assault or trafficking in persons, including temporary or permanent relocation; or (v) obtain legal services, assisting in the prosecution of the offense, or otherwise participate in legal proceedings in relation to the incident or incidents of domestic violence, sexual assault or trafficking in persons.

(B) An employee who is absent from work in accordance with the provisions of subparagraph (A) of this subdivision shall, within a reasonable time after the absence, provide a certification to the employer when requested by the employer. Such certification shall be in the form of: (i) A police report indicating that the employee or the employee's child was a victim of domestic violence, sexual assault or trafficking in persons; (ii) a court order protecting or separating the employee or employee's child from the perpetrator of an act of domestic violence, sexual assault or trafficking in persons; (iii) other evidence from the court or prosecuting attorney that the employee appeared in court; or (iv) documentation from a medical professional, including a domestic violence counselor or sexual assault counselor, as those terms are defined in section 52-146k, or other health care provider, that the employee or the employee's child was receiving services, counseling or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence, sexual assault or trafficking in persons.

(C) Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, sexual assault or trafficking in persons, such employee shall be treated in the same manner as an employee with any other disability.

(D) To the extent permitted by law, employers shall maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence, sexual assault or trafficking in persons.

(c) (1) The provisions of this section concerning age shall not apply to: (A) The termination of employment of any person with a contract of unlimited tenure at an independent institution of higher education who is mandatorily retired, on or before July 1, 1993, after having attained the age of seventy; (B) the termination of employment of any person who has attained the age of sixty-five and who, for the two years immediately preceding such termination, is employed in a bona fide executive or a high policy-making position, if such person is entitled to an immediate nonforfeitable annual retirement benefit under a pension, profit-sharing, savings or deferred compensation plan, or any combination of such plans, from such person's employer, which equals, in aggregate, at least forty-four thousand dollars; (C) the termination of employment of persons in occupations, including police work and fire-fighting, in which age is a bona fide occupational qualification; (D) the operation of any bona fide apprenticeship system or plan; or (E) the observance of the terms of a bona fide seniority system or any bona fide employee benefit plan for retirement, pensions or insurance which is not adopted for the purpose of evading said provisions, except that no such plan may excuse the failure to hire any individual and no such system or plan may require or permit the termination of employment on the basis of age. No such plan which covers less than twenty employees may reduce the group hospital, surgical or medical insurance coverage provided under the plan to any employee who has reached the age of sixty-five and is eligible for Medicare benefits or any employee's spouse who has reached age sixty-five and is eligible for Medicare benefits except to the extent such coverage is provided by Medicare. The terms of any such plan which covers twenty or more employees shall entitle any employee who has attained the age of sixty-five and any employee's spouse who has attained the age of sixty-five to group hospital, surgical or medical insurance coverage under the same conditions as any covered employee or spouse who is under the age of sixty-five.

(2) No employee retirement or pension plan may exclude any employee from membership in such plan or cease or reduce the employee's benefit accruals or allocations under such plan on the basis of age. The provisions of this subdivision shall be applicable to plan years beginning on or after January 1, 1988, except that for any collectively bargained plan this subdivision shall be applicable on the earlier of (A) January 1, 1990, or (B) the later of (i) the expiration date of the collective bargaining agreement, or (ii) January 1, 1988.

(3) The provisions of this section concerning age shall not prohibit an employer from requiring medical examinations for employees for the purpose of determining such employees' physical qualification for continued employment.

(4) Any employee who continues employment beyond the normal retirement age in the applicable retirement or pension plan shall give notice of intent to retire, in writing, to such employee's employer not less than thirty days prior to the date of such retirement.

(d) (1) An employer shall provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth and related conditions, including the right to a reasonable accommodation to the known limitations related to pregnancy pursuant to subdivision (7) of subsection (b) of this section to: (A) New employees at the commencement of employment; (B) existing employees within one hundred twenty days of October 1, 2017; and (C) any employee who notifies the employer of her pregnancy within ten days of such notification. An employer may comply with the provisions of this section by displaying a poster in a conspicuous place, accessible to employees, at the employer's place of business that contains the information required by this section in both English and Spanish. The Labor Commissioner may adopt regulations, in accordance with chapter 54, to establish additional requirements concerning the means by which employers shall provide such notice.

(2) The Commission on Human Rights and Opportunities shall develop courses of instruction and conduct ongoing public education efforts as necessary to inform employers, employees, employment agencies and persons seeking employment about their rights and responsibilities under this section.

(1949 Rev., S. 7405; 1955, S. 3035d; 1959, P.A. 145, S. 3; 1963, P.A. 261; 1967, P.A. 426, S. 2; P.A. 73-279, S. 14; 73-647; P.A. 75-350, S. 2; 75-446, S. 2; P.A. 78-148, S. 10; 78-350, S. 1, 6; P.A. 79-152; 79-303; 79-304, S. 1; 79-480, S. 1; P.A. 80-285; 80-422, S. 9; P.A. 81-382, S. 2; P.A. 82-196, S. 1; P.A. 86-381; P.A. 88-303, S. 3, 6; P.A. 89-147, S. 1, 3; P.A. 90-88, S. 3; 90-330, S. 3, 11; P.A. 98-180; P.A. 01-28, S. 8; P.A. 11-55, S. 24; 11-129, S. 20; P.A. 17-118, S. 1; 17-127, S. 4; P.A. 19-16, S. 4; 19-93, S. 8; P.A. 21-69, S. 1; P.A. 22-78, S. 7, 8; 22-82, S. 10; P.A. 25-139, S. 6.)

History: 1959 act specified that discrimination based on age is unfair employment practice in Subdivs. (a), (b), (c) and (f), added exception re bona fide occupational qualification or need in Subdiv. (f) and added provision specifying when provisions of section are not applicable; 1963 act limited provision specifying when section does not apply to provisions “as to age”; 1967 act specified that discrimination based on sex is unfair employment practice in Subdivs. (a), (b), (c) and (f); P.A. 73-279 made discrimination based on physical disability including blindness an unfair employment practice in Subdivs. (a), (b), (c) and (f); P.A. 73-647 added Subdiv. (g) re termination of employment because of pregnancy as unfair employment practice; P.A. 75-350 added proviso in Subdiv. (1) of provision specifying when section does not apply re new employees' inclusion in existing retirement or pension plans and collective bargaining agreements; P.A. 75-446 made discrimination because of marital status an unfair employment practice in Subdivs. (a), (b), (c) and (f); P.A. 78-148 made discrimination because of mental retardation an unfair employment practice in Subdivs. (a), (b), (c) and (f); P.A. 78-350 revised previous provision specifying inapplicability of section to delete inapplicability re termination of employment where employee is entitled to benefits under retirement or pension plan or collective bargaining agreement and re operation of terms of retirement or pension plan or group or employee insurance plan, inserting new provisions as Subdivs. (1) to (3); P.A. 79-152 divided section into Subsecs., replacing alphabetic Subdiv. indicators with numeric indicators accordingly and adding provision in Subsec. (a)(7), formerly Subdiv. (g), re transfer of pregnant employee to temporary position; P.A. 79-303 revised Subsec. (b)(1) to include retirement or pension plans for employees of higher education institution, and, in conjunction with P.A. 79-304, expanded Subsec. (b)(2) re age and level of position and added Subdiv. (b)(5); P.A. 79-480 specified discrimination based on present or past history of mental disorder as unfair employment practice in Subsec. (a); P.A. 80-285 added Subsec. (a)(8) re sexual harassment; P.A. 80-422 rephrased provisions, substituted “discriminatory” for “unfair” employment practices and added Subdivs. (2) to (4) in Subsec. (b); Sec. 31-126 transferred to Sec. 46a-60 in 1981; P.A. 81-382 added Subdivs. (9) and (10) as discriminatory practices; P.A. 82-196 amended Subsec. (b) to limit the allowable reduction in employee benefit plan insurance coverage provided to any employee who has reached the age of 65 to the amount of such coverage available under Medicare; P.A. 86-381 amended Subdiv. (1) of Subsec. (b)(1) to increase from $27,000 to $44,000 the threshold amount of annual retirement benefits receivable by certain employees which permit the termination of their employment; P.A. 88-303 amended Subsec. (b)(1) by deleting provisions re inapplicability of section to a person who has reached the age of 70 and is entitled to benefits under a pension or retirement plan for state or municipal employees or for certain teachers; inserting a provision specifying that the section is applicable to certain teachers at independent institutions of higher education who are mandatorily retired on or before December 31, 1993, after reaching age 70, removing the provision to limit the allowable reduction in employee benefit plan insurance coverage provided to any employee who has reached the age of 65 to the amount of such coverage available under Medicare; providing that the terms of health insurance plans must entitle all employees to coverage under the same conditions regardless of age; rewriting Subdiv. (2) to prohibit age-based pension plan provisions and substituting “normal retirement age in the applicable retirement or pension plan” for “date on which he becomes eligible for the maximum possible retirement benefit available to him” in Subdiv. (4); P.A. 89-147 substituted July 1, 1993, for December 1, 1993, in Subpara. (A) of Subdiv. (1) of Subsec. (b) as the date before which certain persons may be mandatorily retired after reaching age 70 and to which the section does not apply; P.A. 90-88 amended Subsec. (b)(1) to allow for the provision of reduced coverage for Medicare eligible employees of employers with less than 20 employees; P.A. 90-330 amended Subsec. (a) to include persons with learning disabilities; (Revisor's note: In 1995 the indicators (1), (2) and (3) in Subsec. (a)(8) were changed editorially by the Revisors to (A), (B) and (C) respectively for consistency with statutory usage); P.A. 98-180 added Subsec. (a)(11) making discrimination based on genetic information a discriminatory practice; P.A. 01-28 made technical changes for the purpose of gender neutrality in Subsecs. (a) and (b) and amended Subsec. (a) by changing “mental disorder” to “mental disability”; P.A. 11-55 amended Subsec. (a) to prohibit in Subdivs. (1), (2), (3) and (6) discrimination because of an individual's gender identity or expression and prohibit in Subdiv. (8) harassment on the basis of an individual's gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 17-118 added new Subsec. (a) re definitions, redesignated existing Subsecs. (a) and (b) as Subsecs. (b) and (c), amended redesignated Subsec. (b) to delete former Subpara. (E) re transfer of pregnant employee to suitable temporary position, delete former Subpara. (F) re informing pregnant employee re appeal of transfer, delete former Subpara. (G) re informing employees re giving notice of pregnancy, add new Subpara. (E) re limiting, segregating or classifying employee due to pregnancy, add new Subpara. (F) re discriminating against employee on basis of pregnancy, add new Subpara. (G) re reasonable accommodation due to pregnancy, and add Subparas. (H) to (K) re reasonable accommodation in Subdiv. (7), replace “section” with “subdivision” re definition of “sexual harassment” in Subdiv. (8), and added Subsec. (d) re employer to provide written notice to employees re discrimination related to pregnancy and childbirth and commission to develop courses of instruction and conduct public education; P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 19-16 amended Subsec. (b)(8) by adding provisions re employer's corrective action, defining “corrective action”, deleting reference to this subdivision in definition of sexual harassment, and making technical changes; P.A. 19-93 amended Subsec. (b)(8) to add provision allowing commission to find that corrective action taken by employer was reasonable based on evidence presented despite employer's failure to obtain a written agreement from employee concerning modifications in the conditions of employment; P.A. 21-69 amended Subsecs. (a)(2) and (b)(1) to make technical changes and added Subsec. (b)(12) re prohibition on requesting prospective employee's age, date of birth, dates of attendance or graduation from educational institution on initial application; P.A. 22-78 made technical changes in Subsecs. (b)(10) and (d)(1), effective May 24, 2022; P.A. 22-82 amended Subsec. (b) by prohibiting in Subdivs. (1), (2), (3) and (6) discrimination based on status as a victim of domestic violence, by adding Subdiv. (13) re prohibition on employer from denying an employee a reasonable leave of absence in order to seek treatment for injuries and services resulting from domestic violence and by making technical changes; P.A. 25-139 amended Subsec. (b) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons” in Subdivs. (1) to (3), (6) and (13) and adding “sexual assault or trafficking in persons” and “counselor or sexual assault” and making technical changes in Subdiv. (13).

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Sec. 46a-64. (Formerly Sec. 53-35). Discriminatory public accommodations practices prohibited. Penalty. (a) It shall be a discriminatory practice in violation of this section: (1) To deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation, resort or amusement because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, physical disability, including, but not limited to, blindness or deafness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, of the applicant, subject only to the conditions and limitations established by law and applicable alike to all persons; (2) to discriminate, segregate or separate on account of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness or deafness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons; (3) for a place of public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child; (4) for a place of public accommodation, resort or amusement to refuse entry to a person with a disability who is accompanied by a service animal; or (5) to deny any person with a disability or any person training an animal as a service animal to assist a person with a disability, accompanied by such service animal, full and equal access to any place of public accommodation, resort or amusement. Any person with a disability or any person training an animal as a service animal may keep such service animal at all times in such place of public accommodation, resort or amusement at no extra charge, provided such service animal is in the direct custody and control of such person. When it is not obvious what service an animal provides, staff of a place of public accommodation, resort or amusement may inquire of the owner or keeper whether such animal is a service animal required because of a disability and what work or task the animal has been trained to perform. Nothing in this subsection shall preclude a business owner's ability to recover for damage caused to a person or property by a service animal. For the purposes of this subsection, “disability” and “service animal” have the same meanings as provided in section 22-345 and “place of public accommodation, resort or amusement” has the same meaning as provided in section 46a-44.

(b) (1) The provisions of this section with respect to the prohibition of sex discrimination shall not apply to (A) the rental of sleeping accommodations provided by associations and organizations which rent all such sleeping accommodations on a temporary or permanent basis for the exclusive use of persons of the same sex or (B) separate bathrooms or locker rooms based on sex. (2) The provisions of this section with respect to the prohibition of discrimination on the basis of age shall not apply to minors or to special discount or other public or private programs to assist persons sixty years of age and older. (3) The provisions of this section with respect to the prohibition of discrimination on the basis of physical disability shall not require any person to modify his property in any way or provide a higher degree of care for a physically disabled person, including, but not limited to blind or deaf persons, than for a person not physically disabled. (4) The provisions of this section with respect to the prohibition of discrimination on the basis of creed shall not apply to the practice of granting preference in admission of residents into a nursing home as defined in section 19a-490, if (A) the nursing home is owned, operated by or affiliated with a religious organization, exempt from taxation for federal income tax purposes and (B) the class of persons granted preference in admission is consistent with the religious mission of the nursing home. (5) The provisions of this section with respect to the prohibition of discrimination on the basis of lawful source of income shall not prohibit the denial of full and equal accommodations solely on the basis of insufficient income.

(1949 Rev., S. 8375; 1949, 1953, S. 3267d; 1959, P.A. 113; 1961, P.A. 472; 1963, P.A. 594; February, 1965, P.A. 141; 1967, P.A. 177, S. 1; 1972, P.A. 186, S. 15; P.A. 73-119; 73-279, S. 6; P.A. 74-205; P.A. 75-323; P.A. 76-49, S. 3; P.A. 77-604, S. 37, 84; P.A. 78-148, S. 12; P.A. 79-186; P.A. 80-422, S. 12; 80-483, S. 135, 186; P.A. 85-289, S. 7; 85-512, S. 5; P.A. 88-114; 88-288; P.A. 89-21, S. 2; 89-288, S. 2; P.A. 90-230, S. 63, 101; 90-246, S. 3; 90-330, S. 4, 11; P.A. 94-238, S. 4, 6; P.A. 97-141, S. 2; 97-210, S. 1; P.A. 07-217, S. 167; P.A. 11-55, S. 25; 11-129, S. 20; P.A. 12-80, S. 94; P.A. 17-127, S. 5; P.A. 22-82, S. 13; P.A. 24-18, S. 12; P.A. 25-139, S. 7.)

History: 1959 act included as place of public accommodation housing which is one of five or more accommodations located on a single parcel or contiguous parcels of land and owned and controlled by any person; 1961 act included building lots as housing accommodations, reduced the number of accommodations to be subject to section from five to three and made person who owned or controlled the accommodations within one year prior to a violation liable and provided ownership or control by the same interests would be deemed to be by one person; 1963 act deleted the aforesaid provisions re accommodations on a single parcel of land making the statute applicable to a single accommodation or lot and added Subdivs. (1) and (2); 1965 act added prohibition against discrimination by reason of national origin or ancestry; 1967 act added commercial property and buildings; 1972 act included mobile home parks as place of public accommodation, resort or amusement in Subsec. (a); P.A. 73-119 specified discrimination based on sex as violation of section and specified inapplicability of section re sex discrimination to rental of sleeping accommodations by associations or organizations when rent accommodations for exclusive use of persons of same sex; P.A. 73-279 prohibited discrimination because of physical disability including blindness, inserted new Subsecs. (b) and (c) qualifying said prohibition, designated penalty provisions as Subsec. (d) and relettered former Subsec. (b) as (e); P.A. 74-205 prohibited discrimination based on marital status and added provision rendering that prohibition inapplicable to cases where housing accommodation denied to man and woman who are unrelated and not married to each other; P.A. 75-323 prohibited discrimination on basis of age and added provision limiting that prohibition with respect to minors, housing for elderly and housing exclusively for persons within specified age groups; P.A. 76-49 prohibited discrimination based on deafness, applied provisions of Subsecs. (b) and (c) to deaf persons and defined “deaf person” in Subsec. (b); P.A. 77-604 made technical correction in Subsec. (a); P.A. 78-148 prohibited discrimination based on mental retardation in Subsec. (a); P.A. 79-186 required posting of notice re guide dogs in Subsec. (c); P.A. 80-422 rephrased and rearranged provisions, deleted provisions defining “place of public accommodation, resort or amusement” and “deaf person”, deleted former Subsec. (e) which specified that section does not apply to proceedings pending before civil rights commission or any court on October 1, 1963, and extended provision limiting prohibition on age discrimination to include discount and other programs for persons 60 and older; P.A. 80-483 added feminine personal pronouns in Subsec. (c); Sec. 53-35 transferred to Sec. 46a-64 in 1981; P.A. 85-289 made Subsec. (a) applicable to mobility impaired persons; P.A. 85-512 amended section to provide for exemption from age discrimination prohibition for certain mobile manufactured home parks; P.A. 88-114 added Subsec. (b)(6) exempting practice of granting preference in admission of residents into a nursing home from provisions of section re discrimination on basis of creed if it is owned, operated by or affiliated with a religious organization, exempt from taxation and the class of persons granted preference in admission is consistent with religious mission of nursing home; P.A. 88-288 added reference to mental disability in Subsec. (a); P.A. 89-21 added option that guide dog wear an orange-colored leash and collar; P.A. 89-288 amended Subsec. (a) to prohibit discrimination in places of public accommodation based on lawful source of income and added new Subsec. (b)(7) rendering the prohibition inapplicable to cases where the denial of full and equal accommodations is solely based on insufficient income; P.A. 90-230 made a technical change in Subsec. (a); P.A. 90-246 amended Subsec. (b) by deleting references to housing accommodations or mobile manufactured home parks; P.A. 90-330 amended Subsec. (a) by adding reference to persons with “learning disability”; P.A. 94-238 amended Subsec. (b) by exempting separate bathrooms or locker rooms based on sex, effective July 1, 1994; P.A. 97-141 amended Subsec. (a) to make provisions applicable with respect to any person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person, and to add definitions of “assistance dog”, “guide dog” and “person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person”; P.A. 97-210 added new Subsec. (a)(3) re breast-feeding and renumbering the remaining Subdivs.; P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007; P.A. 11-55 amended Subsec. (a)(1) and (2) to prohibit discrimination on basis of gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 12-80 amended Subsec. (c) to replace penalty of a fine of not less than $25 or more than $100 or imprisonment of not more than 30 days or both with a class D misdemeanor; P.A. 17-127 amended Subsec. (a) to add “status as a veteran” and make technical changes in Subdivs. (1) and (2); P.A. 22-82 amended Subsec. (a)(1) and (2) by adding “status as a victim of domestic violence” and making technical changes; P.A. 24-18 amended Subsec. (a) by replacing references to blind, deaf or mobility impaired person with references to person with a disability, replacing references to dog and guide dog or assistance dog with references to animal and service animal, replacing “fail or refuse to post a notice, in a conspicuous place, that any blind, deaf or mobility impaired person, accompanied by his guide dog wearing a harness or an orange-colored leash and collar, may enter such premises or facilities” with “refuse entry to a person with a disability who is accompanied by a service animal” in Subdiv. (4), replacing “provided the dog wears a harness or an orange-colored leash and collar and is in the direct custody of such person” with “provided such service animal is in the direct custody and control of such person”, deleting provisions re persons being liable for damage done to premises or facilities by guide dog or assistance dog and re definitions of “guide dog” or “assistance dog” and “person training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility impaired person”, adding provisions re place of public accommodation, resort or amusement staff inquiry as to service animal status or training of such animal and re nonpreclusion of business owner's recovery for damage caused by service animal and defining “disability”, “service animal” and “place of public accommodation, resort or amusement”, effective July 1, 2024; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons” in Subdivs. (1) and (2).

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Sec. 46a-64c. Discriminatory housing practices prohibited. Disposition of complaints. Penalty. (a) It shall be a discriminatory practice in violation of this section:

(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons.

(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons.

(3) To make, print or publish, or cause to be made, printed or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons, or an intention to make any such preference, limitation or discrimination.

(4) (A) To represent to any person because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons, that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(B) It shall be a violation of this subdivision for any person to restrict or attempt to restrict the choices of any buyer or renter to purchase or rent a dwelling (i) to an area which is substantially populated, even if less than a majority, by persons of the same protected class as the buyer or renter, (ii) while such person is authorized to offer for sale or rent another dwelling which meets the housing criteria as expressed by the buyer or renter to such person, and (iii) such other dwelling is in an area which is not substantially populated by persons of the same protected class as the buyer or renter. As used in this subdivision, “area” means municipality, neighborhood or other geographic subdivision which may include an apartment or condominium complex; and “protected class” means race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons.

(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons.

(6) (A) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a learning disability or physical or mental disability of: (i) Such buyer or renter; (ii) a person residing in or intending to reside in such dwelling after it is so sold, rented, or made available; or (iii) any person associated with such buyer or renter.

(B) To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a learning disability or physical or mental disability of: (i) Such person; or (ii) a person residing in or intending to reside in such dwelling after it is so sold, rented, or made available; or (iii) any person associated with such person.

(C) For purposes of this subdivision, discrimination includes: (i) A refusal to permit, at the expense of a person with a physical or mental disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) a refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; (iii) in connection with the design and construction of covered multifamily dwellings for the first occupancy after March 13, 1991, a failure to design and construct those dwellings in such manner that they comply with the requirements of Section 804(f) of the Fair Housing Act or the provisions of the state building code as adopted pursuant to the provisions of sections 29-269 and 29-273, whichever requires greater accommodation. “Covered multifamily dwellings” means buildings consisting of four or more units if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.

(7) For any person or other entity engaging in residential real-estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons.

(8) To deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership or participation, on account of race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons.

(9) To coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section.

(b) (1) The provisions of this section shall not apply to (A) the rental of a room or rooms in a single-family dwelling unit if the owner actually maintains and occupies part of such living quarters as his residence or (B) a unit in a dwelling containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies the other such living quarters as his residence. (2) The provisions of this section with respect to the prohibition of discrimination on the basis of marital status shall not be construed to prohibit the denial of a dwelling to a man or a woman who are both unrelated by blood and not married to each other. (3) The provisions of this section with respect to the prohibition of discrimination on the basis of age shall not apply to minors, to special discount or other public or private programs to assist persons sixty years of age and older or to housing for older persons as defined in section 46a-64b, provided there is no discrimination on the basis of age among older persons eligible for such housing. (4) The provisions of this section with respect to the prohibition of discrimination on the basis of familial status shall not apply to housing for older persons as defined in section 46a-64b or to a unit in a dwelling containing units for no more than four families living independently of each other, if the owner of such dwelling resides in one of the units. (5) The provisions of this section with respect to the prohibition of discrimination on the basis of lawful source of income shall not prohibit the denial of full and equal accommodations solely on the basis of insufficient income. (6) The provisions of this section with respect to the prohibition of discrimination on the basis of sex shall not apply to the rental of sleeping accommodations to the extent they utilize shared bathroom facilities when such sleeping accommodations are provided by associations and organizations which rent such sleeping accommodations on a temporary or permanent basis for the exclusive use of persons of the same sex based on considerations of privacy and modesty.

(c) Nothing in this section limits the applicability of any reasonable state statute or municipal ordinance restricting the maximum number of persons permitted to occupy a dwelling.

(d) Nothing in this section or section 46a-64b shall be construed to invalidate or limit any state statute or municipal ordinance that requires dwellings to be designed and constructed in a manner that affords persons with physical or mental disabilities greater access than is required by this section or section 46a-64b.

(e) Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability, physical or mental disability, status as a veteran, status as a victim of sexual assault or status as a victim of trafficking in persons.

(f) Notwithstanding any other provision of this chapter, complaints alleging a violation of this section shall be investigated within one hundred days of filing and a final administrative disposition shall be made within one year of filing unless it is impracticable to do so. If the Commission on Human Rights and Opportunities is unable to complete its investigation or make a final administrative determination within such time frames, it shall notify the complainant and the respondent in writing of the reasons for not doing so.

(g) Any person who violates any provision of this section shall be guilty of a class D misdemeanor.

(P.A. 90-246, S. 5; P.A. 91-407, S. 1, 42; P.A. 92-257, S. 2; P.A. 07-217, S. 168; P.A. 11-55, S. 26, 27; P.A. 12-80, S. 95; P.A. 17-127, S. 6; P.A. 22-82, S. 14; P.A. 25-139, S. 3.)

History: P.A. 91-407 added references to “learning disability” (Revisor's note: In Subsec. (a)(4)(B), numeric indicators within Subpara. (B) were changed editorially by the Revisors to lower case Roman numerals for consistency with usage elsewhere in section); P.A. 92-257 amended Subsec. (b) by adding “single-family” before “dwelling” and “unit” after “dwelling”, adding “to the extent they utilize shared bathroom facilities when such sleeping accommodations are” after “sleeping accommodations” and adding phrase “based on considerations of privacy and modesty”; P.A. 07-217 made a technical change in Subsec. (g), effective July 12, 2007; P.A. 11-55 amended Subsecs. (a) and (e) to add references to gender identity or expression; P.A. 12-80 amended Subsec. (g) to replace penalty of a fine of not less than $25 or more than $100 or imprisonment of not more than 30 days or both with a class D misdemeanor; P.A. 17-127 amended Subsecs. (a) and (e) to add “status as a veteran”, and make technical changes; P.A. 22-82 amended Subsec. (a)(1) by adding “status as a victim of domestic violence” and by making technical changes; P.A. 25-139 added “status as a victim of sexual assault or status as a victim of trafficking in persons” throughout.

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Sec. 46a-66. (Formerly Sec. 36-437). Discriminatory credit practices prohibited. (a) It shall be a discriminatory practice in violation of this section for any creditor to discriminate on the basis of sex, gender identity or expression, age, race, color, religious creed, national origin, ancestry, marital status, intellectual disability, learning disability, blindness, physical disability, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons against any person eighteen years of age or over in any credit transaction.

(b) No liability may be imposed under this section for an act done or omitted in conformity with a regulation or declaratory ruling of the Banking Commissioner, the Federal Reserve Board or any other governmental agency having jurisdiction under the Equal Credit Opportunity Act, notwithstanding that after the act or omission the regulation or declaratory ruling may be amended, repealed or determined to be invalid for any reason.

(P.A. 73-573, S. 2; P.A. 75-281; P.A. 76-75; 76-171, S. 3; P.A. 77-604, S. 23, 84; P.A. 78-148, S. 11; P.A. 80-422, S. 14; P.A. 87-9, S. 2, 3; P.A. 90-330, S. 5, 11; P.A. 03-84, S. 33; P.A. 11-55, S. 28; 11-129, S. 20; P.A. 17-127, S. 7; P.A. 22-82, S. 15; P.A. 25-139, S. 8.)

History: P.A. 75-281 prohibited age discrimination and qualified prohibition to apply to any person 18 years of age or over; P.A. 76-75 prohibited discrimination on basis of race, color, religious creed, national origin or ancestry; P.A. 76-171 prohibited discrimination on basis of blindness or physical disability; P.A. 77-604 deleted word “solely” following “discriminate”; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 80-422 substituted “a discriminatory practice in violation of this section” for “unlawful” in previous provision, designated as Subsec. (a), and added Subsec. (b) re liability; Sec. 36-437 transferred to Sec. 46a-66 in 1981; (Revisor's note: Pursuant to P.A. 87-9 “banking commissioner” was changed editorially by the Revisors to “commissioner of banking”); P.A. 90-330 amended Subsec. (a) to include persons with a learning disability; P.A. 03-84 changed “Commissioner of Banking” to “Banking Commissioner” in Subsec. (b), effective June 3, 2003; P.A. 11-55 amended Subsec. (a) to prohibit discrimination on basis of gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence” and making technical changes; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”.

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Sec. 46a-68. (Formerly Sec. 4-61s). State affirmative action plans: Filing; monitoring; reports; equal employment opportunity officers; review and investigation of discrimination complaints; regulations. (a) Each state agency, department, board and commission with twenty-five or more full-time employees shall develop and implement, in cooperation with the Commission on Human Rights and Opportunities, an affirmative action plan that commits the agency, department, board or commission to a program of affirmative action in all aspects of personnel and administration. Such plan shall be developed pursuant to regulations adopted by the Commission on Human Rights and Opportunities in accordance with chapter 54 to ensure that affirmative action is undertaken as required by state and federal law to provide equal employment opportunities and to comply with all responsibilities under the provisions of sections 4-61u to 4-61w, inclusive, sections 46a-54 to 46a-64, inclusive, section 46a-64c and sections 46a-70 to 46a-78, inclusive. The executive head of each such agency, department, board or commission shall be directly responsible for the development, filing and implementation of such affirmative action plan. The Metropolitan District of Hartford County shall be deemed to be a state agency for purposes of this section and sections 4a-60 and 4a-60g.

(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time equal employment opportunity officer. If such equal employment opportunity officer is an employee of the agency, department, board or commission, the executive head of the agency, department, board or commission shall be directly responsible for the supervision of the officer.

(2) The Commission on Human Rights and Opportunities shall provide training and technical assistance to equal employment opportunity officers in plan development and implementation.

(3) The Commission on Human Rights and Opportunities and the Commission on Women, Children, Seniors, Equity and Opportunity shall provide training concerning state and federal discrimination laws and techniques for conducting investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as equal employment opportunity officers and persons designated by the Attorney General or the Attorney General's designee to represent such agencies, departments, boards or commissions pursuant to subdivision (5) of this subsection. On or after October 1, 2011, such training shall be provided for a minimum of five hours during the first year of service or designation, and a minimum of three hours every two years thereafter.

(4) (A) Each person designated by a state agency, department, board or commission as an equal employment opportunity officer shall (i) be responsible for mitigating any discriminatory conduct within the agency, department, board or commission, (ii) investigate all complaints of discrimination made against the state agency, department, board or commission, except if any such complaint has been filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission, the state agency, department, board or commission may rely upon the process of the applicable commission, as applicable, in lieu of such investigation, and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or commission for proper action. An equal employment opportunity officer shall not disclose witness statements or documents received or compiled in conjunction with the investigation of a complaint of discriminatory conduct within the agency, department, board or commission until the conclusion of such investigation, except that witness statements or documents may be disclosed to personnel charged with investigating or adjudicating such complaint, or to the Commission on Human Rights and Opportunities. If a state agency, department, board or commission relies upon the process of an applicable commission investigation pursuant to clause (ii) of this subparagraph, such agency, department, board or commission shall not be relieved of its duty to mitigate discriminatory conduct under clause (i) of this subparagraph or of its responsibility to take immediate corrective action to prevent a like occurrence.

(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of this subdivision, if a discrimination complaint is made against the executive head of a state agency or department, any member of a state board or commission or any equal employment opportunity officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if a complaint of discrimination is made by the executive head of a state agency, any member of a state board or commission or any equal employment opportunity officer, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation by the Department of Administrative Services, except if any such complaint has been filed with the Equal Employment Opportunity Commission or the Commission on Human Rights and Opportunities, the Commission on Human Rights and Opportunities or Department of Administrative Services may rely upon the process of the applicable commission in lieu of such investigation. If the discrimination complaint is made by or against the executive head, any member or the equal employment opportunity officer of the Commission on Human Rights and Opportunities alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, the commission shall refer the complaint to the Department of Administrative Services for review and, if appropriate, investigation. If the complaint is by or against the executive head or equal employment opportunity officer of the Department of Administrative Services, the complaint shall be referred to the Commission on Human Rights and Opportunities for review and, if appropriate, investigation. Each person who conducts an investigation pursuant to this subparagraph shall report all findings and recommendations upon the conclusion of such investigation to the appointing authority of the individual who was the subject of the complaint for proper action. The provisions of this subparagraph shall apply to any such complaint pending on or after July 5, 2007.

(5) Each person designated by a state agency, department, board or commission as an equal employment opportunity officer, and each person designated by the Attorney General or the Attorney General's designee to represent an agency pursuant to subdivision (6) of this subsection, shall complete training provided by the Commission on Human Rights and Opportunities and the Commission on Women, Children, Seniors, Equity and Opportunity pursuant to subdivision (3) of this subsection.

(6) No person designated by a state agency, department, board or commission as an equal employment opportunity officer shall represent such agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission concerning a discrimination complaint. If a discrimination complaint is filed with the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission against a state agency, department, board or commission, the Attorney General, or the Attorney General's designee, other than the equal employment opportunity officer for such agency, department, board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission. In the case of a discrimination complaint filed against the Metropolitan District of Hartford County, the Attorney General, or the Attorney General's designee, shall not represent such district before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission.

(c) Each state agency, department, board and commission that employs two hundred fifty or more full-time employees shall file an affirmative action plan developed in accordance with subsection (a) of this section, with the Commission on Human Rights and Opportunities, semiannually, except that any state agency, department, board or commission which has an affirmative action plan approved by the commission may be permitted to file its plan on an annual basis in a manner prescribed by the commission and any state agency, department, board or commission that employs twenty-five or more employees but fewer than two hundred fifty full-time employees shall file its affirmative action plan biennially, unless the commission disapproves the most recent submission of the plan, in which case the commission may require the resubmission of such plan by a time chosen by the commission, until the plan is approved. All affirmative action plans shall be filed electronically, if practicable.

(d) The Commission on Human Rights and Opportunities shall review and formally approve, conditionally approve or disapprove the content of such affirmative action plans within ninety days of the submission of each plan to the commission. If the commissioners, by a majority vote of those present and voting, fail to approve, conditionally approve or disapprove a plan within such period, the plan shall be deemed to be approved. Any plan that is filed more than ninety days after the date such plan is due to be filed in accordance with the schedule established pursuant to subsection (g) of this section shall be deemed disapproved.

(e) The Commissioner of Administrative Services and the Secretary of the Office of Policy and Management shall cooperate with the Commission on Human Rights and Opportunities to insure that the State Personnel Act and personnel regulations are administered, and that the process of collective bargaining is conducted by all parties in a manner consistent with the affirmative action responsibilities of the state.

(f) The Commission on Human Rights and Opportunities shall monitor the activity of such plans within each state agency, department, board and commission and report to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.

(g) The Commission on Human Rights and Opportunities shall adopt regulations, in accordance with chapter 54, to carry out the requirements of this section. The executive director shall establish a schedule for semiannual, annual and biennial filing of plans.

(P.A. 75-536, S. 1-3; P.A. 77-614, S. 66, 610; P.A. 79-255; P.A. 80-422, S. 16; P.A. 83-569, S. 12, 17; P.A. 84-41, S. 1, 2; P.A. 87-255; P.A. 90-246, S. 7; P.A. 99-233, S. 6, 7; P.A. 01-53, S. 1, 2; P.A. 03-151, S. 1; P.A. 05-287, S. 54; P.A. 07-181, S. 1; P.A. 09-87, S. 1; P.A. 11-51, S. 73; 11-61, S. 113; P.A. 13-247, S. 24; May Sp. Sess. P.A. 16-3, S. 162; P.A. 19-16, S. 5; 19-117, S. 134; P.A. 21-109, S. 1; P.A. 25-168, S. 215.)

History: P.A. 77-614 replaced department of personnel and administration, i.e. personnel department, with department of administrative services in Subsec. (a); P.A. 79-255 replaced department of administrative services with commission on human rights and opportunities, added exception re annual filing and required approval of plan within 75 rather than 60 days in Subsec. (b) and added Subsec. (d) re adoption of regulations; P.A. 80-422 updated section listing in Subsec. (a), designated provision re deadline for approval as Subsec. (c), deleted provisions re proceedings upon commission's issuance of complaint for failure to submit plan or submission of plan which violates laws and redesignated former Subsecs. (c) and (d) accordingly; Sec. 4-61s transferred to Sec. 46a-68 in 1981; P.A. 83-569 amended section to require designation of full or part-time affirmative action officers trained by commission, to eliminate specified filing dates for plans, to require formal approval or disapproval of plans within 75 days and to require the commissioner of administrative services and the secretary of the office of policy and management to cooperate with the commission to insure that state personnel act and regulations and the collective bargaining process are administered and conducted in a manner consistent with the affirmative action responsibilities of the state; P.A. 84-41 amended Subsec. (d) increasing length of time for commission to review plans from 75 to 90 days and providing if commissioners, by a majority of those “present and voting”, fail to approve or disapprove plan, the plan shall be deemed approved; P.A. 87-255 added provisions in Subsec. (a) re direct responsibility for development, filing and implementation of affirmative action plan and added provisions in Subsec. (b) re direct responsibility for supervision of affirmative action officer; P.A. 90-246 amended Subsec. (a) by adding reference to Sec. 46a-64c; P.A. 99-233 amended Subsec. (d) to provide for conditional approval of plans, effective June 29, 1999; P.A. 01-53 amended Subsec. (c) by adding provision re biennial filing of affirmative action plans by state agency or department with twenty or fewer full-time employees and amended Subsec. (g) by adding reference to biennial filing of plans; P.A. 03-151 amended Subsec. (b) by dividing existing provisions into Subdivs. (1) and (2) and adding new Subdivs. (3) to (5), inclusive, requiring CHRO and PCSW to annually provide at least 10 hours of discrimination training to affirmative action officers and other persons designated to represent state agencies, boards, departments and commissions before the EEOC or CHRO, and specifying duties, responsibilities and proscriptions for affirmative action officers; P.A. 05-287 amended Subsec. (b)(3) to apply 10-hour training requirement to first year of service only and to require a minimum of 5 hours of training per year thereafter; P.A. 07-181 amended Subsec. (b) by designating existing Subparas. in Subdiv. (4) as clauses within Subpara. (A) and adding new Subpara. (B) requiring that discrimination complaints by or against executive heads of state agencies or departments, members of state boards or commissions or affirmative action officers be referred to Commission on Human Rights and Opportunities and may be investigated by Department of Administrative Services, that discrimination complaints by or against executive head, member or affirmative action officer of Commission on Human Rights and Opportunities be referred to Department of Administrative Services, that discrimination complaints by or against executive head or affirmative action officer of Department of Administrative Services be referred to Commission on Human Rights and Opportunities, by replacing existing Subdiv. (5) with new Subdiv. (5) requiring that affirmative action officers of state agencies, departments, boards or commissions and persons designated by Attorney General to represent agencies pursuant to new Subdiv. (6) complete training specified in Subdiv. (3), and by adding new Subdiv. (6) prohibiting affirmative action officers from representing agencies, departments, boards or commissions before Commission on Human Rights and Opportunities or Equal Employment Opportunity Commission and requiring Attorney General or designee to make such representations, effective July 5, 2007; P.A. 09-87 amended Subsec. (a) by adding provision re Metropolitan District of Hartford County deemed a state agency for purposes of section and amended Subsec. (b)(6) by adding provision prohibiting Attorney General from representing district re discrimination complaints filed against it; P.A. 11-51 changed “affirmative action officer” to “equal employment officer”, amended Subsec. (a) to limit filing of affirmative action plans to state agencies with 25 or more full-time employees, amended Subsec. (b) to decrease number of hours of initial training from 10 to 5 hours and for subsequent training from 5 to 3 hours every 2 years, instead of every year, in Subdiv. (3), and to exempt complaints filed with either of the commissions from investigation by the agency or Department of Administrative Services in Subdiv. (4), amended Subsec. (c) to add threshold of 250 employees for semiannual filing of plan, to change reference to 20 or fewer to “twenty-five or more employees but fewer than two hundred fifty” and to add provisions re resubmission of disapproved plans and re electronic filing, amended Subsec. (d) to add provision re disapproval of plans filed late and to make a technical change, and amended Subsec. (g) to require executive director, rather than regulations, to establish filing schedule, effective June 30, 2011; P.A. 11-61 amended Subsec. (c) to add “if practicable” re filing plans electronically, effective June 21, 2011; P.A. 13-247 amended Subsec. (a) by adding provision re Metropolitan District of Hartford County to be deemed a state agency for purposes of Secs. 4a-60, 4a-60a and 4a-60g, effective July 1, 2013; May Sp. Sess. P.A. 16-3 amended Subsec. (b)(3) and (5) by replacing “Permanent Commission on the Status of Women” with “Commission on Women, Children and Seniors”, effective July 1, 2016; P.A. 19-16 amended Subsec. (b)(4)(A) by adding provision re witness statements or documents received or compiled by an equal employment opportunity officer in the course of an investigation of discriminatory conduct not to be disclosed; P.A. 19-117 amended Subsecs. (b)(3) and (5) by replacing “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019; P.A. 21-109 amended Subsec. (b)(4)(A) by adding provision re state agency, department, board or commission reliance on commission investigation and duty to mitigate discriminatory conduct and take corrective action; P.A. 25-168 amended Subsec. (a) by deleting reference to Sec. 4a-60a and making technical changes.

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Sec. 46a-68b. Definitions. As used in this section and sections 46a-56 and 46a-68c to 46a-68k, inclusive: (1) “Public works contract” means any agreement (A) for construction, rehabilitation, conversion, extension, demolition or repair of changes or improvements in real property, and (B) that is financed in whole or in part by the state, including, but not limited to, matching expenditures, grants, loans, insurance or guarantees, where such funding equals one hundred fifty thousand dollars or more, (2) “awarding agency” has the same meaning as provided in section 4a-60g, and (3) “construction manager” means a construction professional with primary responsibility for the day-to-day management of all construction or engineering activities for a project in accordance with a public works contract or other agreement with an awarding agency.

(P.A. 88-351, S. 1, 16; P.A. 89-253, S. 1, 7; P.A. 91-58, S. 27; June Sp. Sess. P.A. 15-5, S. 66; P.A. 23-204, S. 244; P.A. 25-168, S. 198.)

History: P.A. 88-351, S. 1, effective April 1, 1989; P.A. 89-253 changed references to Secs. 4-114a and 4-114c to Secs. 4a-60 and 4a-62, deleted definition of “commission”, amended definition of “public works contract” by adding “or any political subdivision of the state other than a municipality” and deleted definition of “contractor”; P.A. 91-58 added reference to Sec. 4a-60a; June Sp. Sess. P.A. 15-5 deleted reference to Sec. 4a-60g and added definitions of “municipal public works contract”, “quasi-public agency project” and “awarding agency”; P.A. 23-204 deleted reference to Sec. 4a-62, effective July 1, 2023; P.A. 25-168 deleted references to Secs. 4a-60 and 4a-60a, redefined “public works contract”, added Subdiv. designators (1) to (3) and Subpara. designators (A) and (B) in Subdiv. (1), deleted definitions of “municipal public works contract” and “quasi-public agency project”, added definition of “construction manager” and made technical changes.

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Sec. 46a-68c. Contractors required to file good faith efforts plan. Review and approval or disapproval of plan by executive director or designee. Resubmitted plans. Discriminatory practices. Reconsideration. (a) In addition to the provisions of section 4a-60, each contractor awarded a public works contract of more than one hundred fifty thousand dollars, but not subject to the provisions of section 46a-68d, or a first-tier contractor who has entered into an agreement with a construction manager subject to the provisions of section 46a-68d, that is valued at one hundred fifty thousand dollars or more, shall develop and file a good faith efforts plan with the Commission on Human Rights and Opportunities, which shall comply with the regulations adopted by the commission. Any plan filed pursuant to this section shall be filed not later than forty-five days from the date the contract or agreement is awarded. The commission may grant one fifteen-day extension for such filing to a contractor upon the request of the contractor.

(b) The executive director or the executive director's designee shall review and formally approve, conditionally approve or disapprove the content of the good faith efforts plan not later than one hundred twenty days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such one-hundred-twenty-day period, the plan shall be deemed to be either approved or deficient without consequence. If a plan is disapproved, the contractor shall have forty-five days from the notice of disapproval to resubmit an amended plan in order to remedy the reasons for disapproval. The executive director or the executive director's designee shall have thirty days to approve or disapprove the resubmitted plan. If the executive director or the executive director's designee fails to review the resubmitted plan within such thirty-day period, the plan shall be deemed deficient without consequence. If the contractor fails to resubmit a plan or to remedy the reasons for disapproval, the plan shall receive a final disapproval from the executive director or the executive director's designee.

(c) Any failure to submit a plan as required by this section or receipt of a final disapproval of a plan shall constitute a discriminatory practice, as defined in section 46a-51. Any contractor who has received a final disapproval may request reconsideration of the disapproval according to the procedures for reconsideration set forth in subsection (h) of section 46a-83.

(P.A. 88-351, S. 3, 16; P.A. 89-253, S. 3, 7; June Sp. Sess. P.A. 15-5, S. 67; P.A. 19-94, S. 1; P.A. 21-109, S. 3; P.A. 23-204, S. 245; P.A. 25-168, S. 202.)

History: P.A. 88-351, S. 3, effective April 1, 1989; P.A. 89-253 changed reference from Sec. 4-114a to Sec. 4a-60, added “in any fiscal year”, deleted former references to sections re reporting and record-keeping and substituted reference to Secs. 46a-68e and 46a-68f and added references to Secs. 4a-60, 4a-62, 32-9e, 46a-56, 46a-68b, 46a-68d and 46a-68e to 46a-68k, inclusive; June Sp. Sess. P.A. 15-5 added reference to municipal public works contracts and quasi-public agency project contracts, changed “commission” to “Commission on Human Rights and Opportunities” and made a technical change; P.A. 19-94 added provisions re executive director or designee's to review and approve, conditionally approve or disapprove content of affirmative action plan not later than 120 days after submission of plan, replaced “commission” with “executive director or executive director's designee” re responsibility for approval of affirmative action plan and issuance or revocation of certificate of compliance and made technical changes; P.A. 21-109 replaced reference to approved affirmative action plan with plan “that is either approved or deficient without consequence”; P.A. 23-204 designated existing provisions as Subsecs. (a) and (b), made a technical change in Subsec. (a) and deleted reference to Sec. 4a-62 in Subsec. (b), effective July 1, 2023; P.A. 25-168 substantially revised section by replacing former Subsecs. (a) and (b) with new Subsec. (a) re filing of good faith efforts plan, new Subsec. (b) re process of review, approval, disapproval of plan, and adding Subsec. (c) re discriminatory practices and reconsideration.

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Sec. 46a-68d. Filing of good faith efforts plans by contractors awarded certain public works contracts. Review and approval of plan by executive director or designee. Discriminatory practices. (a) In addition to the provisions of section 4a-60, a contractor awarded a public works contract valued at one million dollars or more or a construction manager which has entered into a contract providing for a guaranteed maximum price and has been awarded a public works contract valued at one hundred fifty thousand dollars or more, shall develop and file a good faith efforts action plan with the Commission on Human Rights and Opportunities which shall comply with regulations adopted by the commission. Any such plan shall be filed not later than forty-five days from the date the contract is awarded or, in the case of a construction manager, the date the guaranteed maximum price agreement is executed. The commission may grant one fifteen-day extension for such filing to a contractor upon written request of the contractor.

(b) The executive director or the executive director's designee shall review and formally approve, conditionally approve or disapprove the content of the good faith efforts plan not later than one hundred twenty days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such one-hundred-twenty-day period, the plan shall be deemed to be either approved or deficient without consequence. If a plan is disapproved, the contractor shall have thirty days from the notice of disapproval to resubmit an amended plan in order to remedy the reasons for disapproval. If the contractor fails to resubmit a plan or to remedy the reasons for disapproval, the plan shall receive a final disapproval from the executive director or the executive director's designee.

(P.A. 88-351, S. 4, 16; P.A. 89-253, S. 4, 7; June Sp. Sess. P.A. 15-5, S. 68; P.A. 19-94, S. 2; P.A. 25-168, S. 203.)

History: P.A. 88-351, S. 4, effective April 1, 1989; P.A. 89-253 changed reference to Sec. 4-114a to 4a-60 and added provision requiring commission to issue certificate of compliance upon approval of affirmative action plan; June Sp. Sess. P.A. 15-5 added references to municipal public works contracts and quasi-public agency project contracts, added provision re municipality or entity to withhold 2 per cent of the contract price per month in the case of municipal public works contracts or quasi-public agency project contracts until a plan is approved, and made a technical change; P.A. 19-94 replaced references to commission with references to executive director or the executive director's designee re review and approval of affirmative action plan and the issuance of a certificate of compliance; P.A. 25-168 substantially revised section by replacing existing provisions with Subsec. (a) re good faith efforts action plan, Subsec. (b) re review, approval and disapproval of plans and Subsec. (c) re actions that constitute discriminatory practices and reconsideration.

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Sec. 46a-68e. Contractors and subcontractors required to file compliance reports. (a) Each contractor shall file, and shall cause each of such contractor's subcontractors to file, with the commission such compliance reports at such times as the commission may direct. Compliance reports shall contain such information as to the practices, policies, programs and employment policies, employment programs, and employment statistics of the contractor and each subcontractor and be in such form as the commission may prescribe.

(b) All compliance reports shall be submitted not later than forty-five days after the substantial completion of the contract. The executive director or the executive director's designee shall have thirty days from the date of submission of a compliance report to review and formally approve or disapprove the compliance report. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such thirty-day period, the plan shall be deemed to be either approved or deficient without consequence.

(c) In the case of a public works contract subject to the provisions of section 46a-68d, the awarding agency shall withhold two per cent of the total contract price per month from any payment made to such contractor until such time as the contractor has submitted all compliance reports required by the commission and the reports have been approved by the executive director or the executive director's designee or deemed deficient without consequence.

(P.A. 88-351, S. 5, 16; P.A. 25-168, S. 204.)

History: P.A. 88-351, S. 5, effective April 1, 1989; P.A. 25-168 designated existing provisions as Subsec. (a) and made a technical change in same and added Subsec. (b) re compliance report submittal and Subsec. (c) re withholding of total contract price.

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Sec. 46a-68g. Prohibition against contracting with contractors who fail to comply with affirmative action and nondiscrimination requirements. No awarding agency shall enter into a contract with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of sections 4a-60, 4a-60g, 46a-56 and 46a-68c to 46a-68f, inclusive, or submits a program for compliance acceptable to the commission.

(P.A. 88-351, S. 8, 16; P.A. 89-253, S. 6, 7; June Sp. Sess. P.A. 15-5, S. 69; P.A. 25-168, S. 205.)

History: P.A. 88-351, S. 8, effective April 1, 1989; P.A. 89-253 deleted reference to Sec. “4-114a, 4-114c” and inserted “4a-60” in lieu thereof and deleted reference to Sec. 46a-68d; June Sp. Sess. P.A. 15-5 replaced reference to contracting agencies with reference to awarding agency, added reference to municipal public works contracts and quasi-public agency project contracts, and made technical changes; P.A. 25-168 deleted references to municipal public works contracts and quasi-public agency project contracts and made conforming changes.

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Sec. 46a-68k. Awarding agency may use own compliance program. Approval by commission. Regulations. (a) If the commission determines an awarding agency has a contract compliance program which is at least equivalent to the requirements and responsibilities of sections 4a-60 and 46a-68c to 46a-68f, inclusive, such agency, subject to the approval of the commission, may use its own compliance program. Any contractor who is a party to a public works contract with such agency may be relieved of the requirements and responsibilities of said sections, provided such contractor complies with the requirements of such agency's contract compliance program.

(b) The commission shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section, including, but not limited to, establishing a procedure for such determination and approval.

(P.A. 88-351, S. 14, 16; June Sp. Sess. P.A. 15-5, S. 70; P.A. 25-168, S. 206.)

History: June Sp. Sess. P.A. 15-5 amended Subsec. (a) to add references to municipal public works contract and to municipality; P.A. 25-168 amended Subsec. (a) to delete references to municipal public works contract and to municipality and amended Subsec. (b) to make technical changes.

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Sec. 46a-70. (Formerly Sec. 4-61c). Guarantee of equal employment in state agencies. (a) State officials and supervisory personnel shall recruit, appoint, assign, train, evaluate and promote state personnel on the basis of merit and qualifications, without regard for race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault, status as a victim of trafficking in persons, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, unless it is shown by such state officials or supervisory personnel that such disability prevents performance of the work involved.

(b) All state agencies shall promulgate written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state government. They shall regularly review their personnel practices to ensure compliance.

(c) All state agencies shall conduct continuing orientation and training programs with emphasis on human relations and nondiscriminatory employment practices.

(d) The Commissioner of Administrative Services shall ensure that the entire examination process, including qualifications appraisal, is free from bias.

(e) Appointing authorities shall exercise care to ensure utilization of minority group persons.

(1969, P.A. 790, S. 1; P.A. 73-279, S. 7; P.A. 77-614, S. 66, 610; P.A. 78-148, S. 2; P.A. 80-422, S. 18; P.A. 90-330, S. 6, 11; P.A. 01-28, S. 2; P.A. 04-171, S. 2; May Sp. Sess. P.A. 04-2, S. 37; P.A. 11-55, S. 29; 11-129, S. 20; P.A. 17-127, S. 8; P.A. 18-72, S. 44; P.A. 22-82, S. 16; P.A. 25-139, S. 9.)

History: P.A. 73-279 prohibited discrimination on basis of physical disability including blindness unless it is shown that nature of work required sighted person or person without disability; P.A. 77-614 replaced personnel commissioner with commissioner of administrative services; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 80-422 created Subsecs. (b), (c) and (d) from former Subsec. (b), changing wording slightly and designated former Subsec. (c) as (e); Sec. 4-61c transferred to Sec. 46a-70 in 1981; P.A. 90-330 amended Subsec. (a) to include persons with learning disabilities; P.A. 01-28 amended Subsec. (a) by adding references to “marital status” and “mental disability”; P.A. 04-171 added new Subsec. (d) re confidentiality of the name and address of a sexual harassment complainant in an internal sexual harassment investigation conducted on behalf of a state agency and redesignated existing Subsecs. (d) and (e) as new Subsecs. (e) and (f), respectively, effective June 1, 2004; May Sp. Sess. P.A. 04-2 repealed provisions enacted by P.A. 04-171, effective May 12, 2004; P.A. 11-55 amended Subsec. (a) to add reference to gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 18-72 made technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence,”; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault, status as a victim of trafficking in persons”.

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Sec. 46a-71. (Formerly Sec. 4-61d). Discriminatory practices by state agencies prohibited. (a) All services of every state agency shall be performed without discrimination based upon race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons.

(b) No state facility may be used in the furtherance of any discrimination, nor may any state agency become a party to any agreement, arrangement or plan which has the effect of sanctioning discrimination.

(c) Each state agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of sections 46a-70 to 46a-78, inclusive, and shall initiate comprehensive programs to remedy any defect found to exist.

(d) Every state contract or subcontract for construction on public buildings or for other public work or for goods and services shall conform to the intent of section 4a-60.

(1969, P.A. 790, S. 2, 3; P.A. 73-279, S. 8; P.A. 78-148, S. 3; P.A. 80-422, S. 19; P.A. 90-330, S. 7, 11; P.A. 01-28, S. 3; P.A. 11-55, S. 30; 11-129, S. 20; P.A. 17-127, S. 9; P.A. 22-82, S. 17; P.A. 25-139, S. 10.)

History: P.A. 73-279 prohibited discrimination based on physical disability including blindness; P.A. 78-148 prohibited discrimination based on mental retardation; P.A. 80-422 rephrased provisions, created Subsecs. (b) and (c) from provisions of Subsec. (a), redesignating former Subsec. (b) as (d), and substituted Sec. 4-61k for Sec. 4-61l in Subsec. (c); Sec. 4-61d transferred to Sec. 46a-71 in 1981 and internal section references changed to reflect their transfer when necessary; P.A. 90-330 amended Subsec. (a) to include discrimination based upon learning disability; P.A. 01-28 amended Subsec. (a) by adding references to “marital status” and “mental disability”; P.A. 11-55 amended Subsec. (a) to prohibit discrimination based upon gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence” and making technical changes; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”.

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Sec. 46a-72. (Formerly Sec. 4-61e). Discrimination in job placement by state agencies prohibited. (a) All state agencies, including educational institutions, which provide employment referrals or placement services to public or private employers, shall accept job orders on a nondiscriminatory basis.

(b) Any job request indicating an intention to exclude any person because of race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, shall be rejected, unless it is shown by such public or private employers that such disability prevents performance of the work involved.

(c) All state agencies shall cooperate in programs developed by the Commission on Human Rights and Opportunities initiated for the purpose of broadening the base for job recruitment and shall further cooperate with all employers and unions providing such programs.

(d) The Labor Department shall encourage and enforce employers and labor unions to comply with the policy of sections 46a-70 to 46a-78, inclusive, and promote equal employment opportunities.

(1969, P.A. 790, S. 4; P.A. 73-279, S. 9; P.A. 78-148, S. 4; P.A. 79-631, S. 1, 111; P.A. 80-422, S. 20; P.A. 90-330, S. 8, 11; P.A. 01-28, S. 4; P.A. 11-55, S. 31; 11-129, S. 20; P.A. 17-127, S. 10; P.A. 18-72, S. 45; P.A. 22-82, S. 18; P.A. 25-139, S. 11.)

History: P.A. 73-279 prohibited discrimination based on physical disability including blindness and qualified that prohibition by adding “unless it is shown … that such disability prevents performance of the work involved”; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 79-631 replaced Sec. 4-61b with Sec. 4-61c in Subsec. (c); P.A. 80-422 substituted “nondiscriminatory” for “fair practice” in Subsec. (a), created new Subsec. (b) from provisions formerly in (a) and relettered former Subsecs. (b) and (c) accordingly, substituting Sec. 4-61k for Sec. 4-61l where occurring; Sec. 4-61e transferred to Sec. 46a-72 in 1981 and other section numbers referred to in section changed as necessary to reflect their transfer; P.A. 90-330 amended Subsec. (b) to include reference to learning disabilities; P.A. 01-28 amended Subsec. (b) by adding references to “marital status” and “mental disability”; P.A. 11-55 amended Subsec. (b) to add reference to gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (b); P.A. 17-127 amended Subsec. (b) to add “status as a veteran”, and make technical changes; P.A. 18-72 amended Subsec. (b) to make technical changes; P.A. 22-82 amended Subsec. (b) by adding “status as a victim of domestic violence,”; P.A. 25-139 amended Subsec. (b) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”.

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Sec. 46a-73. (Formerly Sec. 4-61f). Discrimination in state licensing and charter procedures prohibited. (a) No state department, board or agency may grant, deny or revoke the license or charter of any person on the grounds of race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault, status as a victim of trafficking in persons, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness, unless it is shown by such state department, board or agency that such disability prevents performance of the work involved.

(b) Each state agency shall take such appropriate action in the exercise of its licensing or regulatory power as will ensure equal treatment of all persons and eliminate discrimination and enforce compliance with the policy of sections 46a-70 to 46a-78, inclusive.

(1969, P.A. 790, S. 5; P.A. 73-279, S. 10; P.A. 78-148, S. 5; P.A. 79-631, S. 2, 111; P.A. 80-422, S. 21; P.A. 01-28, S. 5; P.A. 11-55, S. 32; 11-129, S. 20; P.A. 17-127, S. 11; P.A. 18-72, S. 46; P.A. 22-82, S. 19; P.A. 25-139, S. 12.)

History: P.A. 73-279 prohibited discrimination in licensing matters on basis of physical disability including blindness and qualified prohibition by adding “unless it is shown … that such disability prevents performance of the work involved”; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 79-631 substituted Sec. 4-61c for Sec. 4-61b; P.A. 80-422 divided section into Subsecs. and substituted Sec. 4-61k for Sec. 4-61l; Sec. 4-61f transferred to Sec. 46a-73 in 1981 and internal section references changed as necessary to reflect their transfer; P.A. 01-28 amended Subsec. (a) by adding references to “marital status”, “mental disability” and “learning disability”; P.A. 11-55 amended Subsec. (a) to add reference to gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 18-72 amended Subsec. (a) to make technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence,”; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault, status as a victim of trafficking in persons”.

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Sec. 46a-75. (Formerly Sec. 4-61h). Discrimination in educational and vocational programs prohibited. (a) All educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state agencies, or in which state agencies participate, shall be open to all qualified persons, without regard to race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons.

(b) Such programs shall be conducted to encourage the fullest development of the interests, aptitudes, skills, and capacities of all students and trainees, with special attention to the problems of culturally deprived, educationally handicapped, learning disabled, economically disadvantaged, or physically disabled, including, but not limited to, blind persons.

(c) Expansion of training opportunities under these programs shall be encouraged so as to involve larger numbers of participants from those segments of the labor force where the need for upgrading levels of skill is greatest.

(1969, P.A. 790, S. 7; P.A. 73-279, S. 11; P.A. 78-148, S. 6; P.A. 80-422, S. 23; P.A. 90-330, S. 9, 11; P.A. 01-28, S. 6; P.A. 11-55, S. 33; 11-129, S. 20; P.A. 17-127, S. 12; P.A. 22-82, S. 20; P.A. 25-139, S. 13.)

History: P.A. 73-279 prohibited discrimination based on physical disability including blindness; P.A. 78-148 prohibited discrimination based on mental retardation; P.A. 80-422 divided section into Subsecs. and made slight change in wording of Subsec. (c); Sec. 4-61h transferred to Sec. 46a-75 in 1981; P.A. 90-330 added references to persons with learning disabilities in Subsecs. (a) and (b); P.A. 01-28 amended Subsec. (a) by adding references to “marital status” and “mental disability”; P.A. 11-55 amended Subsec. (a) to add reference to gender identity or expression; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence” and making technical changes; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”.

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Sec. 46a-76. (Formerly Sec. 4-61i). Discrimination in allocation of state benefits prohibited. (a) Race, color, religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in persons, shall not be considered as limiting factors in state-administered programs involving the distribution of funds to qualify applicants for benefits authorized by law.

(b) No state agency may provide grants, loans or other financial assistance to public agencies, private institutions or organizations which discriminate.

(1969, P.A. 790, S. 8; P.A. 73-279, S. 12; P.A. 78-148, S. 7; P.A. 80-422, S. 24; P.A. 90-330, S. 10, 11; P.A. 01-28, S. 7; P.A. 11-55, S. 34; P.A. 17-127, S. 13; P.A. 22-82, S. 21; P.A. 25-139, S. 14.)

History: P.A. 73-279 prohibited discrimination on basis of physical disability including blindness; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 80-422 divided section into Subsecs. and restated provisions; Sec. 4-61i transferred to Sec. 46a-76 in 1981; P.A. 90-330 added reference to “learning disability”; P.A. 01-28 amended Subsec. (a) by adding references to “marital status” and “mental disability”; P.A. 11-55 amended Subsec. (a) to add reference to gender identity or expression (Revisor's note: In Subsec. (a), “mental retardation” was changed editorially by the Revisors to “intellectual disability” to conform with changes made by P.A. 11-129); P.A. 17-127 amended Subsec. (a) to add “status as a veteran”, and make technical changes; P.A. 22-82 amended Subsec. (a) by adding “status as a victim of domestic violence” and making technical changes; P.A. 25-139 amended Subsec. (a) by adding “status as a victim of sexual assault or status as a victim of trafficking in persons”.

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Sec. 46a-81i. Sexual orientation discrimination: Services of state agencies. (a) All services of every state agency shall be performed without discrimination based upon sexual orientation.

(c) Each state agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of sections 46a-81h to 46a-81n, inclusive, and shall initiate comprehensive programs to remedy any defect found to exist.

(d) Every state contract or subcontract for construction on public buildings or for other public work or for goods and services shall conform to the intent of section 4a-60.

(P.A. 91-58, S. 9; P.A. 25-168, S. 216.)

History: P.A. 25-168 amended Subsec. (d) by replacing reference to Sec. 4a-60a with reference to Sec. 4a-60.

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Sec. 46a-81p. Sexual orientation discrimination: Religious organizations. The provisions of section 4a-60 concerning sexual orientation and sections 46a-81b to 46a-81o, inclusive, shall not apply to a religious corporation, entity, association, educational institution or society with respect to the employment of individuals to perform work connected with the carrying on by such corporation, entity, association, educational institution or society of its activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law which are established by such corporation, entity, association, educational institution or society.

(P.A. 91-58, S. 17; P.A. 23-145, S. 4; P.A. 25-168, S. 217.)

History: P.A. 23-145 replaced “46a-81a” with “46a-81b”, effective July 1, 2023; P.A. 25-168 replaced reference to Sec. 4a-60a with reference to Sec. 4a-60 and added “concerning sexual orientation”.

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Sec. 46a-81q. Sexual orientation discrimination: ROTC programs. The provisions of section 4a-60 concerning sexual orientation and sections 46a-81b to 46a-81o, inclusive, shall not apply to the conduct and administration of a ROTC program established and maintained pursuant to 10 USC Sections 2101 to 2111, inclusive, as amended from time to time, and the regulations thereunder, at an institution of higher education. For purposes of this section, “ROTC” means the Reserve Officers' Training Corps.

(P.A. 91-58, S. 19; P.A. 23-145, S. 5; P.A. 25-168, S. 218.)

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Sec. 46a-81aa. Gender identity or expression discrimination: Religious organizations. The provisions of subsection (b) of section 4a-60, subsection (c) of section 8-169s, section 8-265c, subsection (c) of section 8-294, section 8-315, subsection (a) of section 10-15c, section 10-153, subsection (b) of section 10a-6, subsection (a) of section 11-24b, sections 16-245r and 16-247r, subsection (b) of section 28-15, section 31-22p, subsection (d) of section 31-57e, sections 32-277, 38a-358 and 42-125a, subsection (c) of section 42-125b, subsection (a) of section 46a-58, subsection (a) of section 46a-59, subsection (b) of section 46a-60, subsection (a) of section 46a-64, subsections (a) and (e) of section 46a-64c, subsection (a) of section 46a-66, subsection (a) of section 46a-70, subsection (a) of section 46a-71, subsection (b) of section 46a-72, subsection (a) of section 46a-73, subsection (a) of section 46a-75, subsection (a) of section 46a-76, subsections (b) and (c) of section 52-571d and section 53-37a that prohibit discrimination on the basis of gender identity or expression shall not apply to a religious corporation, entity, association, educational institution or society with respect to the employment of individuals to perform work connected with the carrying on by such corporation, entity, association, educational institution or society of its activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law which are established by such corporation, entity, association, educational institution or society.

(P.A. 11-55, S. 37; P.A. 13-299, S. 25; P.A. 17-118, S. 4; P.A. 25-168, S. 221; 25-174, S. 210.)

History: P.A. 13-299 deleted reference to Sec. 32-204, effective July 1, 2013; P.A. 17-118 replaced reference to Sec. 46a-60(a) with reference to Sec. 46a-60(b); P.A. 25-168 replaced reference to Sec. 4a-60(a) with reference to Sec. 4a-60(b); P.A. 25-174 replaced reference to Sec. 31-57e(e) with reference to Sec. 31-57e(d).

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PART III

DISCRIMINATORY PRACTICE COMPLAINT PROCEDURE

Sec. 46a-82. (Formerly Sec. 31-127). Complaint: Filing. (a) Any person claiming to be aggrieved by an alleged discriminatory practice, except for an alleged violation of section 4a-60g or 46a-68 or the provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or herself or by such person's attorney, file with the commission a complaint in writing under oath, except that a complaint that alleges a violation of section 46a-64c need not be notarized. The complaint shall state the name and address of the person alleged to have committed the discriminatory practice, provide a short and plain statement of the allegations upon which the claim is based and contain such other information as may be required by the commission. The commission whenever it has reason to believe that a person who is named as party to a discriminatory practice complaint has engaged or is engaged in conduct that constitutes a violation of part VI, of chapter 952, may refer such matter to the Office of the Chief State's Attorney and said office shall conduct a further investigation as deemed necessary. After the filing of a complaint, the commission shall provide the complainant with a notice that: (1) Acknowledges receipt of the complaint; and (2) advises of the time frames and choice of forums available under this chapter.

(b) The commission, whenever it has reason to believe that any person has been engaged or is engaged in a discriminatory practice, may issue a complaint, except for a violation of subsection (a) of section 46a-80.

(c) The commission, whenever it has reason to believe that any contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60g or the provisions of sections 46a-68c to 46a-68f, inclusive, may issue a complaint.

(d) The commission may issue a complaint if: (1) An affirmative action plan filed pursuant to section 46a-68 is in violation of any of the provisions of section 4-61u or 4-61w, sections 46a-54 to 46a-64, inclusive, section 46a-64c or sections 46a-70 to 46a-78, inclusive; or (2) an agency, department, board or commission fails to submit an affirmative action plan required under section 46a-68.

(e) Any employer whose employees, or any of them, refuse or threaten to refuse to comply with the provisions of section 46a-60 or 46a-81c may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.

(f) (1) Any complaint filed pursuant to this section for an alleged act of discrimination that occurred prior to October 1, 2021, shall be filed within one hundred and eighty days after the date of the alleged act of discrimination, except that any complaint by a person (A) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 that occurred before October 1, 2019, shall be filed within thirty days of the date of the alleged act of discrimination, and (B) claiming to be aggrieved by a violation of section 46a-60, sections 46a-70 to 46a-78, inclusive, or section 46a-80 or 46a-81c, that occurred on or after October 1, 2019, and prior to October 1, 2021, shall be filed not later than three hundred days after the date of the alleged act of discrimination.

(2) Any complaint filed pursuant to this section for an alleged act of discrimination that occurred on or after October 1, 2021, shall be filed within three hundred days after the date of the alleged act of discrimination.

(1949 Rev., S. 7406; 1959, P.A. 334; February, 1965, P.A. 576; 1967, P.A. 715, S. 3; 1971, P.A. 547, S. 1; P.A. 74-54; P.A. 75-27; 75-214, S. 1, 2; P.A. 76-141, S. 1, 2; P.A. 80-422, S. 30; P.A. 83-569, S. 13, 17; P.A. 90-246, S. 9; P.A. 91-58, S. 28; P.A. 07-142, S. 5; June Sp. Sess. P.A. 15-5, S. 74; P.A. 19-16, S. 6; P.A. 21-40, S. 48; 21-109, S. 5; P.A. 23-205, S. 193; P.A. 25-168, S. 219.)

History: 1959 act authorized the ordering of affirmative action and shortened period for filing complaint; 1965 act authorized commission to issue subpoenas requiring production of employment records related to complaint under investigation; 1967 act authorized commission counsel to present case supporting complaint at hearing; 1971 act changed composition of hearing tribunal from three commission members or a panel of hearing examiners to one commission member or one hearing examiner; P.A. 74-54 changed deadline for filing complaint from ninety to 180 days after alleged discriminatory act; P.A. 75-27 added provisos re liability for back pay and effect of interim earnings on award of back pay; P.A. 75-214 added provisions re effect of submission of claim to arbitration on filing of complaint and re use of arbitration decision as evidence; P.A. 76-141 deleted references to “preliminary” investigations; P.A. 80-422 substituted “discriminatory” for “unfair employment” practice where occurring, deleted detailed provisions re investigation and hearing procedures and orders made on basis of findings, designated remaining provisions as Subsecs. (a), (b), (d) and (e), inserted new Subsec. (c) re plans which fail to meet criteria or state agencies, etc. which fail to file plans, added exception re Sec. 4-61o(a) in Subsecs. (b) and (e) and substituted reference to Sec. 31-126 for “this chapter” in Subsec. (d); Sec. 31-127 transferred to Sec. 46a-82 in 1981 and internal section references changed as necessary to reflect their transfer; P.A. 83-569 amended Subsec. (c) to include references to violations of Secs. 4-61u and 4-61w; P.A. 90-246 amended Subsec. (a) by adding requirement that commission serve upon aggrieved person notice acknowledging receipt of complaint and advising of time frames and choice of forums available, and amended Subsec. (c) by adding reference to Sec. 46a-64c; P.A. 91-58 amended Subsec. (d) to add reference to Sec. 46a-81c; P.A. 07-142 amended Subsec. (a) by adding reference to Sec. 4a-60g and Secs. 46a-68c to 46a-68f, inclusive, added new Subsec. (c) re issuance of complaint whenever contractor or subcontractor is not complying with antidiscrimination statutes, required contract provisions or Secs. 46a-68c to 46a-68f, inclusive, redesignated existing Subsecs. (c), (d) and (e) as Subsecs. (d), (e) and (f) and made technical changes, effective July 1, 2007; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by deleting “make, sign and” re filing of discriminatory practice complaint, adding provision re complaint that alleges violation of Sec. 46a-64c need not be notarized, substituting “provide a short and plain statement of the allegations upon which the claim is based” for “and which shall set forth the particulars thereof”, substituting “provide the complainant with” for “serve upon the person claiming to be aggrieved” re commission responsibility to provide notice acknowledging receipt of the complaint, and making technical changes; P.A. 19-16 amended Subsec. (f) by redesignating existing provisions re person claiming to be aggrieved by violation of Sec. 46a-80(a) as Subdiv. (1) and amending same by adding “that occurred on or before October 1, 2019”, adding Subdiv. (2) re persons claiming to be aggrieved by violation of Secs. 46a-60, 46a-70 to 46a-78, 46a-80 or 46a-81c that occurred on or after October 1, 2019 to file complaint not later than 300 days after date of alleged act of discrimination, and replaced “must” with “shall”; P.A. 21-40 amended Subsec. (f) to make a technical change; P.A. 21-109 amended Subsec. (f) to designate existing provisions as Subdiv. (1), redesignate Subdivs. (1) and (2) as Subparas. (A) and (B), add provisions re existing provisions being applicable to acts that occurred prior to October 1, 2021, add new Subdiv. (2) re filing complaints for acts that occurred on or after October 1, 2021, and make technical changes; P.A. 23-205 amended Subsec. (a) by adding provision re commission's responsibility to refer a matter to the Office of the Chief State's Attorney when commission has reasonable belief that a party to a discriminatory practice case has engaged in conduct that constitutes a violation of part VI of Ch. 952, effective July 1, 2023; P.A. 25-168 amended Subsec. (c) by deleting reference to Sec. 4a-60a.

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Sec. 46a-86. Complaint: Determination; orders; dismissal. Treatment of discrimination awards. (a) If, upon all the evidence presented at the hearing conducted pursuant to section 46a-84, the presiding officer finds that a respondent has engaged in any discriminatory practice, the presiding officer shall make written findings of fact and file with the commission and serve on the complainant and respondent an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as is necessary to achieve the purpose of this chapter.

(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer shall (1) issue an order to eliminate the discriminatory employment practice complained of and to make the complainant whole, including restoration to membership in any respondent labor organization, and (2) may (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory employment practice, and (B) allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency. Not later than October 1, 2020, and annually thereafter, the executive director of the commission shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on the commission's award of reasonable attorney's fees and costs under this section. Such report shall include, but not be limited to: (i) The awards of reasonable attorney's fees and a comparison of such awards to awards of damages; (ii) the category of complaint for which damages and attorney's fees are awarded; (iii) the commission's methodology for calculating awards of reasonable attorney's fees and costs, if such methodology may be ascertained; (iv) data on the number of employees employed by respondents who were subject to awards of reasonable attorney's fees and costs; and (v) the percentage of complainants and respondents represented by counsel in matters in which awards of reasonable attorney's fees and costs are made.

(c) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-58, 46a-59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-81e, the presiding officer shall determine the damage suffered by the complainant, which damage shall include, but not be limited to, the expense incurred by the complainant for obtaining alternate housing or space, storage of goods and effects, moving costs and other costs actually incurred by the complainant as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.

(d) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-66 or 46a-81f, the presiding officer shall file with the commission and serve on the respondent an order requiring the respondent to pay the complainant the damages resulting from the discriminatory practice.

(e) In addition to any other action taken under this section, upon a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or the provisions of sections 46a-68c to 46a-68f, inclusive, the presiding officer shall file with the commission and serve on the respondent an order with respect to any remedial action imposed pursuant to subsection (c) or (d) of section 46a-56.

(f) If, upon all the evidence and after a complete hearing, the presiding officer finds that the respondent has not engaged in any alleged discriminatory practice, the presiding officer shall make written findings of fact and shall file with the commission and serve on the complainant and respondent an order dismissing the complaint.

(g) Any payment received by a complainant under this chapter or under any equivalent federal antidiscrimination law, either as a settlement of a claim or as an award made in a judicial or administrative proceeding, shall not be considered as income, resources or assets for the purpose of determining the eligibility of or amount of assistance to be received by such person in the month of receipt or the three months following receipt under the state supplement program, Medicaid or any other medical assistance program, temporary family assistance program, state-administered general assistance program, or the temporary assistance for needy families program. After such time period, any remaining funds shall be subject to state and federal laws governing such programs.

(P.A. 80-422, S. 34; 80-449, S. 4, 6; P.A. 81-81, S. 5; P.A. 85-179; P.A. 88-317, S. 102, 107; P.A. 90-246, S. 11; P.A. 91-58, S. 30; P.A. 93-362, S. 4; P.A. 05-280, S. 45; June Sp. Sess. P.A. 05-3, S. 80; P.A. 07-142, S. 8; P.A. 11-237, S. 9; June Sp. Sess. P.A. 15-5, S. 78; P.A. 19-16, S. 7; 19-93, S. 6; P.A. 23-117, S. 9; P.A. 25-168, S. 220.)

History: P.A. 80-449 made technical changes in Subsec. (c); P.A. 81-81 amended Subsec. (c) by adding reference to Sec. “47a-2a” which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 85-179 amended Subsec. (b) by adding provision requiring the respondent to pay the amount of any deduction for interim unemployment compensation or welfare assistance to the commission for transfer to the appropriate agency; P.A. 88-317 substituted “presiding officer” for “hearing officer” throughout the section, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-246 amended Subsec. (c) by deleting reference to Sec. 46a-64a and adding reference to Sec. 46a-64c and changing provision that damage shall include attorney's fees actually incurred to allowing reasonable attorney's fees and costs; P.A. 91-58 amended Subsec. (c) to add reference to Secs. 46a-81b, 46a-81d and 46a-81e and amended Subsec. (d) to add reference to Sec. 46a-81f; P.A. 93-362 amended Subsec. (e) by adding “and after a complete hearing” after “evidence”; P.A. 05-280, S. 45, re treatment of discrimination payment awards by Department of Social Services in determining eligibility of or amount of assistance to be received by complainant under chapter was added editorially by the Revisors as Subsec. (f); June Sp. Sess. P.A. 05-3 changed effective date of P.A. 05-280, S. 45, from October 1, 2005, to July 1, 2005, effective July 1, 2005; P.A. 07-142 added new Subsec. (e) re order with respect to remedial action imposed pursuant to Sec. 46a-56(c) or (d), redesignated existing Subsecs. (e) and (f) as Subsecs. (f) and (g) and made technical changes, effective July 1, 2007; P.A. 11-237 amended Subsec. (c) by adding provision re amount of attorney's fees allowed; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by substantially revising provisions re duties of presiding officer upon finding that respondent has engaged in discriminatory practice, amended Subsec. (b) by substituting “any individual” for “employees” and making technical changes, amended Subsecs. (d) and (e) by deleting “issue and” and making technical changes, amended Subsec. (f) by adding provisions re presiding officer to make written findings of fact and to serve order dismissing complaint on complainant, and amended Subsec. (g) by making technical changes; P.A. 19-16 amended Subsec. (b) by deleting provision re ordering the hiring or reinstatement of any individual, with or without back pay, adding Subsec. (b)(1) re issuing order to eliminate discriminatory employment practice and make complainant whole and adding Subsec. (b)(2) re determining the amount of damages suffered by complainant and allowing reasonable attorney's fees and costs; P.A. 19-93 amended Subsec. (b)(2) by adding “may” re Subparas. (A) and (B) and further amended Subsec. (b) by adding provision re report on commission's award of reasonable attorney's fees and costs; P.A. 23-117 amended Subsec. (g) by deleting reference to provisions concerning an individual development account, effective June 27, 2023; P.A. 25-168 amended Subsec. (e) by deleting reference to Sec. 4a-60a.

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