SB 56 — AN ACT DETERRING AGE DISCRIMINATION IN EMPLOYMENT APPLICATIONS.

Senate GeneralBill Assembly File No.

1156 JanuaryPublic Session,Act 2021 Senate Bill No.

5621-69 Senate,AN MarchACT 4,DETERRING 2021AGE TheDISCRIMINATION CommitteeIN onEMPLOYMENT AgingAPPLICATIONS. reported through SEN.

SLAP of the 5th Dist., Chairperson of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT DETERRING AGE DISCRIMINATION IN EMPLOYMENT APPLICATIONS.

and (3) "Undue hardship" means an action requiring significant difficulty SB56or /expense Filewhen No.considered in light of factors such as (A) the nature and cost of the accommodation;

11 1 SB56 File No.

11 or expense when considered in light of factors such as (A) the nature and cost of the accommodation;

(C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location ofSenate itsBill facilities;No.

56 of its facilities;

(3)For alabororganization,because oftherace, color,religiouscreed, 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 or status as a veteran 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 SB56against /any Fileemployer or any individual employed by an employer, Public Act No.

1121-69 2 SB56of File9 Senate Bill No.

1156 against any employer or any individual employed by an employer, unless such action is based on a bona fide occupational qualification;

(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 unreasonablePublic toAct doNo. so;

(E)21-69 to3 limit, segregate or classify the employee in a way that would deprive her of employment9 opportunitiesSenate dueBill to her SB56 / File No.

1156 3unreasonable SB56to Filedo No.so;

11(E) to limit, segregate or classify the employee in a way that would deprive her of employment opportunities due to her pregnancy;

"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 conditionsPublic ofAct employment.No.

Notwithstanding21-69 an4 employer's failure to obtainawrittenagreementfromanemployeeconcerningamodification in the conditions of employment,9 theSenate commissionBill 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 SB56 / File No.

1156 4conditions SB56of Fileemployment. No.

11Notwithstanding an employer's failure to obtainawrittenagreementfromanemployeeconcerningamodification 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.

(10) For an employer, by the employer or the employer's agent, after informing an employee, pursuant to subdivision (9) of this subsection, ofPublic aAct workplaceNo. 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.

Nothing21-69 in5 thisof subdivision9 isSenate intendedBill to prohibit an employer fromtaking reasonablemeasuresto protect anemployee from SB56 / File No.

1156 5of SB56a Fileworkplace No.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.

11Nothing in this subdivision is intended to prohibit an employer fromtaking reasonablemeasuresto protect anemployee from exposure to such substances.

(A) The termination of employment of any person with a contract of unlimitedPublic tenureAct atNo. an independent institution of higher education who is mandatorily retired, on or before July 1, 1993, after having attained the age of seventy;

21-69 6 of 9 Senate Bill No.

56 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;

(C) the termination of SB56employment /of Filepersons No.in occupations, including police work and fire- fighting, in which age is a bona fide occupational qualification;

11 6 SB56 File No.

11 employment of persons in occupations, including police work and fire- fighting, in which age is a bona fide occupational qualification;

(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 ofPublic age.Act No.

21-69 7 of 9 Senate Bill No.

56 of age.

(4) Any employee who continues employment beyond the normal retirement age in the applicable retirement or pension plan shall give SB56notice /of Fileintent No.to retire, in writing, to such employee's employer not less than thirty days prior to the date of such retirement.

11 7 SB56 File No.

11 notice of intent to retire, in writing, to such employee's employer not less than thirty days prior to the date of such retirement.

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

This21-69 act8 shallof take9 effectSenate asBill followsNo. and shall amend the following sections:

Section56 1efforts Octoberas 1,necessary 2021to 46a-60inform AGEemployers, Jointemployees, Favorableemployment SB56agencies /and Filepersons No.seeking employment about their rights and responsibilities under this section.