SB 761 — AN ACT PROMOTING THE USE OF HONEST RECOMMENDATIONS BETWEEN EMPLOYERS AND PROHIBITING AN EMPLOYER'S USE OF A NONDISCLOSURE AGREEMENT RELATING TO ACTS OF DISCRIMINATION OCCURRING IN THE EMPLOYER'S WORKPLACE.

General Assembly ProposedCommittee Bill No.

28925972 Referred to Committee on JUDICIARY Introduced by:

th(JUD) thAN SEN.ACT PROMOTING THE USE OF HONEST RECOMMENDATIONS BETWEEN EMPLOYERS AND PROHIBITING AN EMPLOYER'S USE OF A NONDISCLOSURE AGREEMENT RELATING TO ACTS OF DISCRIMINATION OCCURRING IN THE EMPLOYER'S WORKPLACE.

LOONEY,Be 11it Dist.enacted by the Senate and House of Representatives in General Assembly convened:

Section 1.

(NEW) (Effective October 1, 2019) (a) As used in this section:

(1) "Employee" means any person engaged in service to an employer in a business of his or her employer;

(2) "Employer" means a person engaged in business who has employees, including the state and any political subdivision of the state;

(3) "Occurring in the workplace" includes attendance at an off- premises work-related event that is coordinated by or through the employer, between employees or between an employer and an employee;

(4) "Sexual assault" means any act that would constitute a violation LCO No.

5972 1 of 4 Committee Bill No.761 of section 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a of the general statutes;

and (5) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 of the general statutes.

(b) If an employer knows that a person is contemplating hiring a current or former employee of the employer, and the employer provides such person with a recommendation or positive commentary relating to the current or former employee's work performance, such employer has a duty to timely disclose to such person any known act of sexual harassment or sexual assault committed by the employee occurring in the workplace of the employer.

For purposes of this section, an employer knows about an act of sexual harassment or sexual assault when the individual who provides the recommendation or positive commentary, is an employee or agent of the employer and knows of such act.

(c) If an employer owes a duty to disclose to a person who is contemplating hiring a current or former employee of the employer under subsection (b) of this section, and such person hires the current or former employee in reliance on the recommendation or positive commentary, then for such time that the former employee is employed by the person, the employer shall be liable to any employee of the person who relied on such recommendation or positive commentary for the following acts committed by the former employee occurring in the workplace of the person, (1) any act of sexual harassment committed by the former employee, if the employer breached its duty to disclose sexual harassment, and (2) any sexual harassment and sexual assault committed by the former employee, if the employer breached its duty to disclose sexual assault.

Sec.

2.

(NEW) (Effective October 1, 2019) (a) (1) As used in this section:

(1) "Employee" means any person engaged in service to an employer in a business of his or her employer;

and (2) "employer" LCO No.

5972 2 of 4 Committee Bill No.

761 means a person engaged in business who has employees, including the state and any political subdivision of the state.

(b) No employer shall enter into or negotiate a contract with an employee or prospective employee, that as a condition of employment, continued employment, promotion, compensation or benefit, contains a nondisclosure clause, nondisparagement clause, waiver or other provision that has the purpose or effect of preventing the employee from disclosing or discussing discrimination, including harassment, occurring in the employer's workplace or at an off-premises work- related event that is coordinated by or through the employer, between employees, or between an employer and an employee.

Any employer who violates the provisions of this section may be subject to civil penalties in accordance with section 31-69a of the general statutes.

(c) An action to redress a violation of subsection (b) of this section may be maintained in any court of competent jurisdiction by any one or more employees or prospective employees.

An employer who violates subsection (b) of this section may be found liable for compensatory damages, attorney's fees and costs, punitive damages and such legal and equitable relief as the court deems just and proper.

This act shall take effect as follows and shall amend the following sections:

Section 1 October 1, 2019 New section Sec.

2 October 1, 2019 New section Statement of Purpose:

To:

(1) Require an employer to provide honest recommendations and commenting to a prospective employer about any act of sexual harassment or sexual assault by a current or former employer, and (2) prohibit employers from requiring an employee to enter into a contract that prevents the employee from disclosing discrimination that occurs in the workplace.

LCO No.

5972 3 of 4 Committee Bill No.

761 [Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, not underlined.] the entire text of a bill or resolution or a section of a bill or resolution is new, it is Co-Sponsors:

KUSHNER,LOONEY, 2411th Dist.Dist.;

CASSANO, 44th Dist.

HASKELL,LESSER, 269th Dist.Dist.;

LESSER,MOORE, 922nd Dist.

LEONE,BRADLEY, 2723rd Dist.Dist.;