SB 1023 — AN ACT CONCERNING THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.

Substitute Senate GeneralBill Assembly File No.

6141023 JanuaryPublic Session,Act 2021 Substitute Senate Bill No.

102321-109 Senate,AN AprilACT 26,CONCERNING 2021THE TheDUTIES CommitteeAND onRESPONSIBILITIES JudiciaryOF reportedthroughTHE SEN.COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.

WINFIELD of the 10th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.

(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,boardorcommission,(ii)investigateallagency,department,boardorcommission,(ii)investigateallcomplaints complaints of discrimination made against the state agency, department, board or commission, [exceptexcept 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,]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 sSB1023employment /opportunity Fileofficer shallnot disclose witnessstatementsor documents received or compiled in conjunction with the investigation Substitute Senate Bill No.

6141023 1of sSB1023a Filecomplaint No.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.

614If employmenta opportunitystate officeragency, shallnotdepartment, discloseboard witnessstatementsoror documentscommission receivedrelies orupon compiledthe inprocess conjunctionof withan theapplicable commission investigation ofpursuant ato complaintclause (ii) of discriminatorythis conductsubparagraph, withinsuch the agency, department, board or commission untilshall thenot conclusionbe relieved of suchits investigation,duty exceptto thatmitigate witnessdiscriminatory statementsconduct orunder documentsclause may(i) beof disclosedthis tosubparagraph personnelor chargedof withits investigatingresponsibility orto adjudicatingtake suchimmediate complaint,corrective oraction to theprevent Commissiona onlike Humanoccurrence. Rights and Opportunities.

Such hearing shallPublic beAct aNo. de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification.

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1023 shall be a de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification.

sSB1023Sec. / File No.

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614 Sec.

Failure to develop an [approved] affirmative action plan [pursuant to this section] that is either approved or deficient without consequence shall act as a bar to bidding on or the award of future contracts until such requirement has beenPublic met.Act No.

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1023 been met.

The executive director or the executive director's designee may revoke the certificate of a contractor if the contractor does not implement its affirmative action plan in compliance with this section sSB1023and /sections File4a-60, No.4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, and 46a-68e to 46a-68k, inclusive.

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614 and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, and 46a-68e to 46a-68k, inclusive.

(15) To require an employer having three or more employees to (A) post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment, (B) provide, not later than three months after the employee's start date with the employer, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words "Sexual Harassment Policy" or words of similar import, if (i) the employer has provided an electronic mail account to the employee, or (ii) the employee has provided the employer with an electronic mail address, provided if an employer has not provided an electronic mail account to the employee, the employer shall post the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment on the employer's Internet web site, if the employer maintains such an Internet webPublic site.Act No.

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1023 web site.

An employer having (i) three or more employees, shall provide such training and education to an employee hired on or after October 1, 2019, not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) sSB1023of /subsection File(a) No.of section 46a-56;

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614 of subsection (a) of section 46a-56;

If an employee has received in-person training provided by the commission or has taken the no cost online training provided by the commission on its Internet web site in accordance with the provisions of subdivision (8) of subsection (a) of sectionPublic 46a-56,Act whileNo. employed by a different employer within the two years preceding the date of hire, an employer may consider such prior training to satisfy the training requirementsofthissection.

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1023 section 46a-56, while employed by a different employer within the two years preceding the date of hire, an employer may consider such prior training to satisfy thetraining requirements ofthissection.

sSB1023(f) /(1) FileAny No.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 [(1)] (A) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 that occurred on or before October 1, 2019, shall be filed within thirty days of the date of the alleged act of discrimination, and [(2)] (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.

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614 (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 [(1)] (A) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 that occurred on or before October 1, 2019, shall be filed within thirty days of the date of the alleged act of discrimination, and [(2)] (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.

ThisPublic actAct shallNo. take effect as follows and shall amend the following sections:

October21-109 1,6 2021of Section7 1Substitute 46a-68(b)(4)(A)Senate Sec.Bill No.

21023 OctoberApproved 1,June 30, 2021 46a-84(b)Public Sec.Act No.

321-109 October7 1,of 20217 46a-68c Sec.

4 October 1, 2021 46a-54(15) Sec.

5 October 1, 2021 46a-82(f) Statement of Legislative Commissioners:

In Section5(f)(2), ", providedsuchallegedact of discriminationoccurred on or after October 1, 2021" was deleted from the end of the sentence to avoid repetition.