Table of Contents
Sec. 46a-51. (Formerly Sec. 31-122). Definitions.
Sec. 46a-52. (Formerly Sec. 31-123). Commission on Human Rights and Opportunities: Appointment; expenses; executive director; hearing adjudicators; agency status.
Sec. 46a-53. (Formerly Sec. 4-61b). Executive Committee on Human Rights and Opportunities.
Sec. 46a-54. (Formerly Sec. 31-125). Commission powers.
Sec. 46a-55. (Formerly Sec. 31-125a). Commission counsel: Duties and qualifications.
Sec. 46a-56. Commission duties.
Sec. 46a-57. (Formerly Sec. 31-124). Human rights referees: Appointment, qualifications,
compensation. Part-time hearing officers. Compensation of commissioners and hearing officers. Presiding officer to determine fees for expert witnesses.
Sec. 46a-58. (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Cross
burning. Penalty.
Sec. 46a-59. (Formerly Sec. 53-35a). Discrimination in associations of licensed persons
prohibited. Penalty.
Sec. 46a-60. (Formerly Sec. 31-126). Discriminatory employment practices prohibited.
Sec. 46a-61. Discriminatory employment practices: Mental disorder exception.
Sec. 46a-62. (Formerly Sec. 31-126a). Statutes re discrimination in compensation on the
basis of sex not affected.
Sec. 46a-63. Discriminatory public accommodation practices: Definitions.
Sec. 46a-64. (Formerly Sec. 53-35). Discriminatory public accommodations practices prohibited. Penalty.
Sec. 46a-64a. (Formerly Sec. 47a-2a). Discrimination against families with children prohibited.
Sec. 46a-64b. Discriminatory housing practices: Definitions.
Sec. 46a-64c. Discriminatory housing practices prohibited. Disposition of complaints.
Penalty.
Sec. 46a-65. (Formerly Sec. 36-436). Discriminatory credit practices: Definitions.
Sec. 46a-66. (Formerly Sec. 36-437). Discriminatory credit practices prohibited.
Sec. 46a-67. (Formerly Sec. 36-439). Commissioner of Banking to cooperate with commission. Regulations.
Sec. 46a-68. (Formerly Sec. 4-61s). State affirmative action plans; filing; monitoring;
reports; affirmative action officers; regulations.
Sec. 46a-68a. Certificate of noncompliance. Hiring freeze; exceptions.
Sec. 46a-68b. Definition of public works contract.
Sec. 46a-68c. Contractors required to file affirmative action plan. Certificate of compliance issued by commission. Revocation.
Sec. 46a-68d. Public works contracts subject to affirmative action requirements. Conditional acceptance by commission. Advance filing of plan.
Sec. 46a-68e. Contractors and subcontractors required to file compliance reports.
Sec. 46a-68f. Compliance reports to include labor union practices.
Sec. 46a-68g. Prohibition re contractors who have not satisfactorily complied with affirmative action requirements.
Sec. 46a-68h. Hearing re noncompliance.
Sec. 46a-68i. Right of appeal.
Sec. 46a-68j. Regulations.
Sec. 46a-68k. State agency may use own compliance program. Approval by commission. Regulations.
Sec. 46a-69. Discriminatory practices by state.
Sec. 46a-70. (Formerly Sec. 4-61c). Guarantee of equal employment in state agencies.
Sec. 46a-70a. Compliance with equal employment requirements by Judicial Department.
Sec. 46a-71. (Formerly Sec. 4-61d). Discriminatory practices by state agencies prohibited.
Sec. 46a-72. (Formerly Sec. 4-61e). Discrimination in job placement by state agencies
prohibited.
Sec. 46a-73. (Formerly Sec. 4-61f). Discrimination in state licensing and charter procedures prohibited.
Sec. 46a-74. (Formerly Sec. 4-61g). State agencies not to permit discriminatory practices
in professional or occupational associations, public accommodations or housing.
Sec. 46a-75. (Formerly Sec. 4-61h). Discrimination in educational and vocational programs
prohibited.
Sec. 46a-76. (Formerly Sec. 4-61i). Discrimination in allocation of state benefits prohibited.
Sec. 46a-77. (Formerly Sec. 4-61j). Cooperation with commission required of state
agencies.
Sec. 46a-78. (Formerly Sec. 4-61k). Annual agency reports to Governor. Review by commission.
Sec. 46a-79. (Formerly Sec. 4-61n). State policy re employment of criminal offenders.
Sec. 46a-80. (Formerly Sec. 4-61o). Denial of employment based on prior conviction of
crime. Dissemination of arrest record prohibited.
Sec. 46a-81. (Formerly Sec. 4-61r). Statutes controlling law enforcement agencies excepted.
Sec. 46a-81a. Sexual orientation discrimination: Definitions.
Sec. 46a-81b. Sexual orientation discrimination: Associations of licensed persons.
Sec. 46a-81c. Sexual orientation discrimination: Employment.
Sec. 46a-81d. Sexual orientation discrimination: Public accommodations.
Sec. 46a-81e. Sexual orientation discrimination: Housing.
Sec. 46a-81f. Sexual orientation discrimination: Credit practices.
Sec. 46a-81g. Sexual orientation discrimination: State practices.
Sec. 46a-81h. Sexual orientation discrimination: Equal employment in state agencies.
Sec. 46a-81i. Sexual orientation discrimination: Services of state agencies.
Sec. 46a-81j. Sexual orientation discrimination: Job recruitment and placement services
provided by state agencies.
Sec. 46a-81k. Sexual orientation discrimination: Licensing practices of state agencies.
Sec. 46a-81l. Sexual orientation discrimination: State agencies not to permit in professional or occupational associations, public accommodations or housing.
Sec. 46a-81m. Sexual orientation discrimination: Educational and vocational programs of
state agencies.
Sec. 46a-81n. Sexual orientation discrimination: Allocation of state benefits.
Sec. 46a-81o. Sexual orientation discrimination: Reports to Governor by state agencies.
Sec. 46a-81p. Sexual orientation discrimination: Religious organizations.
Sec. 46a-81q. Sexual orientation discrimination: ROTC programs.
Sec. 46a-81r. Sexual orientation discrimination: Construction of statutes.
Sec. 46a-82. (Formerly Sec. 31-127). Complaint: Filing.
Sec. 46a-82a. Resolution for complaints pending on January 1, 1990.
Sec. 46a-82b. Jurisdiction over complaints filed on or before January 1, 1996. Release of
complaint if failure to issue determination re reasonable cause not later than January 1,
1997.
Sec. 46a-82c. Jurisdiction over complaints filed after January 1, 1996. Compliance with
time requirements by June 30, 1996. Review time tolled if answer not timely received.
Sec. 46a-82d. Validation of actions filed on or before January 1, 1996, in which final
judgment not entered. Petition to reopen action on or before October 1, 1996.
Sec. 46a-82e. Jurisdiction re complaints. Annual report by commission. Right of complainant to release, when. Respondent or complainant may petition Superior Court to order finding, when.
Sec. 46a-83. Complaint: Review; dismissal; investigation; conciliation; disclosure; subpoena; default order.
Sec. 46a-83a. Right of appeal by complainant.
Sec. 46a-83b. Alternative dispute resolution. Procedure. Binding arbitration. Voluntary
mediation. Costs. Regulations.
Sec. 46a-84. Complaint: Hearing. Settlement or alternative dispute resolution. Order of
default, when.
Sec. 46a-85. Complaint: Effect of arbitration proceeding.
Sec. 46a-86. Complaint: Determination; orders; dismissal.
Sec. 46a-86a. Notice of any action or proceeding concerning complaint.
Sec. 46a-87. Enforcement of subpoena.
Sec. 46a-88. Enforcement of interrogatories.
Sec. 46a-89. (Formerly Sec. 31-127a). Petition for temporary injunction re discriminatory
employment practice. Petition for injunctive relief, punitive damages or civil penalty re
discriminatory practice re sale or rental of dwelling or commercial property.
Sec. 46a-89a. Granting of temporary injunction re discriminatory employment practice or
discriminatory practice in sale or rental of residential or commercial property.
Sec. 46a-90. Commission hearings re injunction concerning discriminatory employment practice. Removal to Superior Court.
Sec. 46a-90a. Commission action after granting of temporary injunction. Duration of temporary injunction. Permanent injunction.
Secs. 46a-91 to 46a-93. Discriminatory practice in sale or rental of residential or commercial property; injunctive relief; damages. Injunction concerning discriminatory practice in sale or rental of residential or commercial property; notice, stay, bond. Injunction: Jurisdiction of court; hearing.
Sec. 46a-94. (Formerly Sec. 53-36d). Appeal to Appellate Court from Superior Court action
re injunction against discriminatory employment practice or discriminatory practice in
sale or rental of residential or commercial property.
Sec. 46a-94a. Appeal to Superior Court from order of presiding officer. Reopening of
matters.
Sec. 46a-95. (Formerly Sec. 31-128). Enforcement by Superior Court of order of presiding
officer.
Sec. 46a-96. Hearings take precedence.
Sec. 46a-97. Failure to post notices. Penalty.
Sec. 46a-98. (Formerly Sec. 36-438a). Discriminatory credit practice: Cause of action;
damages; statute of limitations.
Sec. 46a-98a. Discriminatory housing practice or breach of conciliation agreement. Cause
of action; relief.
Sec. 46a-99. (Formerly Sec. 4-61l). Discriminatory state practice: Cause of action;
relief.
Sec. 46a-100. Discriminatory practice. Cause of action upon release from commission.
Sec. 46a-101. Release of pending complaint alleging discriminatory practice. Time period
for bringing action after release.
Sec. 46a-102. Civil action for discriminatory employment practice: Statute of limitations.
Sec. 46a-103. Civil action for discriminatory employment practice: Service of process on
the commission; right of commission to intervene.
Sec. 46a-104. Civil action for discriminatory employment practice: Relief.
Secs. 46a-105 to 46a-125.
GENERAL PROVISIONS
Sec. 46a-51. (Formerly Sec. 31-122). Definitions. As used in section 4a-60a and
this chapter: Sec. 46a-52. (Formerly Sec. 31-123). Commission on Human Rights and Opportunities: Appointment; expenses; executive director; hearing adjudicators;
agency status. (a) The commission shall consist of nine persons. On and after October
1, 2000, such persons shall be appointed with the advice and consent of both houses of
the General Assembly. (1) On or before July 15, 1990, the Governor shall appoint five
members of the commission, three of whom shall serve for terms of five years and two
of whom shall serve for terms of three years. Upon the expiration of such terms, and
thereafter, the Governor shall appoint either two or three members, as appropriate, to
serve for terms of five years. On or before July 14, 1990, the president pro tempore of
the Senate, the minority leader of the Senate, the speaker of the House of Representatives
and the minority leader of the House of Representatives shall each appoint one member
to serve for a term of three years. Upon the expiration of such terms, and thereafter,
members so appointed shall serve for terms of three years. (2) If any vacancy occurs,
the appointing authority making the initial appointment shall appoint a person to serve
for the remainder of the unexpired term. The Governor shall select one of the members
of the commission to serve as chairperson for a term of one year. The commission
shall meet at least once during each two-month period and at such other times as the
chairperson deems necessary. Special meetings shall be held on the request of a majority
of the members of the commission after notice in accordance with the provisions of
section 1-225. Sec. 46a-53. (Formerly Sec. 4-61b). Executive Committee on Human Rights
and Opportunities. Section 46a-53 is repealed. Sec. 46a-54. (Formerly Sec. 31-125). Commission powers. The commission
shall have the following powers and duties: Sec. 46a-55. (Formerly Sec. 31-125a). Commission counsel: Duties and qualifications. The commission counsel shall represent the commission in any proceeding
wherein any state agency or state officer is an adversary party and may represent the
commission in such other matters as the commission and the Attorney General may
jointly prescribe. The commission counsel shall be a member of the bar of this state. Sec. 46a-56. Commission duties. (a) The commission shall: Sec. 46a-57. (Formerly Sec. 31-124). Human rights referees: Appointment,
qualifications, compensation. Part-time hearing officers. Compensation of commissioners and hearing officers. Presiding officer to determine fees for expert witnesses. (a) (1) The Governor shall appoint three human rights referees for terms commencing October 1, 1998, and four human rights referees for terms commencing January
1, 1999. The human rights referees so appointed shall serve for a term of one year. (Return to TOC) (Return to Chapters) (Return to Titles) Sec. 46a-58. (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Cross burning. Penalty. (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, blindness or physical disability. 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 or color. Sec. 46a-60. (Formerly Sec. 31-126). Discriminatory employment practices
prohibited. (a) It shall be a discriminatory practice in violation of this section: Sec. 46a-61. Discriminatory employment practices: Mental disorder exception. The use of numerical goals or quotas, or other types of affirmative action programs,
in the administration or enforcement of the provisions of section 46a-60 relating to
discrimination on account of a present or past history of mental disorder is prohibited. Sec. 46a-62. (Formerly Sec. 31-126a). Statutes re discrimination in compensation on the basis of sex not affected. No provision of section 46a-52, 46a-56 or 46a-
60 may be construed to void or supersede the provisions of section 31-75. Sec. 46a-63. Discriminatory public accommodation practices: Definitions. As
used in this chapter: 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, marital status, age, lawful source of
income, mental retardation, mental disability or physical disability, including, but not
limited to, blindness or deafness 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,
marital status, age, lawful source of income, mental retardation, mental disability, learning disability or physical disability, including, but not limited to, blindness or deafness;
(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 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; or (5) to deny
any blind, deaf or mobility impaired person or any person training a dog as a guide dog
for a blind person or a dog to assist a deaf or mobility impaired person, accompanied
by his guide dog or assistance dog, full and equal access to any place of public accommodation, resort or amusement. Any blind, deaf or mobility impaired person or any person
training a dog as a guide dog for a blind person or a dog to assist a deaf or mobility
impaired person may keep his guide dog or assistance dog with him at all times in such
place of public accommodation, resort or amusement at no extra charge, provided the
dog wears a harness or an orange-colored leash and collar and is in the direct custody
of such person. The blind, deaf or mobility impaired person or person training a dog as
a guide dog for a blind person or a dog to assist a deaf or mobility impaired person shall
be liable for any damage done to the premises or facilities by his dog. For purposes of
this subdivision, "guide dog" or "assistance dog" includes a dog being trained as a 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" means a person who is employed by
and authorized to engage in designated training activities by a guide dog organization
or assistance dog organization that complies with the criteria for membership in a professional association of guide dog or assistance dog schools and who carries photographic
identification indicating such employment and authorization. Sec. 46a-64a. (Formerly Sec. 47a-2a). Discrimination against families with
children prohibited. Section 46a-64a is repealed. Sec. 46a-64b. Discriminatory housing practices: Definitions. As used in sections 46a-51 to 46a-99, inclusive: Sec. 46a-64c. Discriminatory housing practices prohibited. Disposition of
complaints. Penalty. (a) It shall be a discriminatory practice in violation of this section:
(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 counsel" means the counsel 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 section 46a-60 or 46a-81c;
(8) "Discriminatory practice" means a violation of section 4a-60, 4a-60a, 46a-58,
46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, sections 46a-70 to 46a-78, inclusive,
subsection (a) of section 46a-80, or sections 46a-81b to 46a-81o, inclusive;
(9) "Employee" means any person employed by an employer but shall not include
any individual employed by his parents, spouse or child, or in the domestic service of
any person;
(10) "Employer" includes the state and all political subdivisions thereof and means
any person or employer with three or more persons in his 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) "Mental retardation" means mental retardation 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 hearing impairment 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 he 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.
(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.)
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.
Annotations to former section 31-122:
Cited. 153 C. 173. Cited. 163 C. 327. Cited. 172 C. 496, 515 (Dissent).
Court cannot substitute its own discretion for that reposed by statute in hearing tribunal. 18 CS 125. Cited. 28 CS 472.
Subdiv. (b):
A corporation is not privileged under this chapter to do what an individual is precluded from doing. 168 C. 26.
Subdiv. (f):
Cited. 168 C. 26.
Subdiv. (i):
Cited. 3 CA 464, 466.
Subdiv. (j):
Segregating employment opportunity advertisements into sex classifications constitutes discrimination. 168 C. 26.
Annotations to present section:
Cited. 188 C. 44, 52. Cited. 226 C. 670, 680.
Subdiv. (4):
Cited. 3 CA 464, 466.
Subdiv. (7):
Cited. 226 C. 670, 680.
Subdiv. (8):
Cited. 231 C. 328, 338, 341.
Subdiv. (10):
Cited. 195 C. 226, 229.
Subdiv. (15):
Cited. 220 C. 307, 314. Cited. 236 C. 96, 98. Cited. 237 C. 209, 211.
Cited. 35 CA 474, 478.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Except as provided in section 46a-57, the members of the commission shall serve
without pay, but their reasonable expenses, including educational training expenses and
expenses for necessary stenographic and clerical help, shall be paid by the state upon
approval of the Commissioner of Administrative Services. Any member who fails to
attend three consecutive meetings or who fails to attend fifty per cent of all meetings
held during any calendar year shall be deemed to have resigned from office.
(c) On or before July 15, 1989, the commission shall appoint an executive director
who shall be the chief executive officer of the Commission on Human Rights and Opportunities to serve for a term expiring on July 14, 1990. Upon the expiration of such term
and thereafter, the executive director shall be appointed for a term of four years. The
executive director shall be supervised and annually evaluated by the commission. The
executive director shall serve at the pleasure of the commission but no longer than four
years from July fifteenth in the year of his or her appointment unless reappointed pursuant to the provisions of this subsection. The executive director shall receive an annual
salary within the salary range of a salary group established by the Commissioner of
Administrative Services for the position. The executive director (1) shall conduct comprehensive planning with respect to the functions of the commission; (2) shall coordinate
the activities of the commission; (3) shall cause the administrative organization of the
commission to be examined with a view to promoting economy and efficiency. In accordance with established procedures, the executive director may enter into such contractual agreements as may be necessary for the discharge of the director's duties.
(d) The executive director may appoint no more than two deputy directors with the
approval of a majority of the members of the commission. The deputy directors shall
be supervised by the executive director and shall assist the executive director in the
administration of the commission, the effectuation of its statutory responsibilities and
such other duties as may be assigned by the executive director. Deputy directors shall
serve at the pleasure of the executive director and without tenure. The executive director
may remove a deputy director with the approval of a majority of the members of the
commission.
(e) The executive director may appoint no more than two hearing adjudicators. Such
hearing adjudicators shall have the same powers as presiding officers to conduct hearing
conferences, decide preliminary matters and supervise settlement negotiations, but shall
not have the authority to conduct full hearings.
(f) The commission shall be within the Department of Administrative Services for
administrative purposes only.
(1949 Rev., S. 7400, 7402; September, 1957, P.A. 11, S. 13; 1959, P.A. 145, S. 2; 1967, P.A. 426, S. 1; 636, S. 7; P.A.
74-57, S. 1, 2; P.A. 75-446, S. 1; P.A. 77-614, S. 137, 610; P.A. 78-148, S. 9; 78-315, S. 1, 4; P.A. 80-422, S. 2; P.A. 83-
569, S. 9, 17; P.A. 89-332, S. 1, 7; P.A. 91-302, S. 1, 5; P.A. 93-362, S. 2; P.A. 98-245, S. 12, 14; P.A. 00-150, S. 1; June
Sp. Sess. P.A. 00-1, S. 29, 46.)
History: 1959 act required investigation of cases of discrimination involving age; 1967 acts required investigation of
cases of discrimination involving sex, increased commission members from ten to twelve and required appointment of
four members by July 15, 1967; P.A. 74-57 required investigation of cases of discrimination re physical disability or
blindness; P.A. 75-446 required investigation of cases of discrimination involving marital status; P.A. 77-614 replaced
commissioner of finance and control with commissioner of administrative services, imposed new appointment procedure,
authorized governor, rather than commission members, to choose chairman and deputy and added Subsec. (b); P.A. 78-148
required investigation of discrimination cases involving mental retardation; P.A. 78-315 added provision for appointment of
successors to original members and returned power to appoint chairman and deputy to commission members; P.A. 80-422
divided former Subsec. (a) into Subsecs. (a) and (b), relettering former Subsec. (b) accordingly, and deleted provisions re
commission's duties to investigate discrimination cases and report to governor; Sec. 31-123 transferred to Sec. 46a-52 in
1981; P.A. 83-569 changed membership from twelve to nine, included legislative appointments and established attendance
requirements; P.A. 89-332 amended Subsec. (a) re expiration of terms of members on July 14, 1990, and appointment and
terms of new members and appointment of chairman by governor, amended Subsec. (b) by adding educational training
expenses, added a new Subsec. (c) re appointment of executive director on or before July 15, 1989, to serve until July 14,
1990, term of director appointed after July 14, 1990, and duties of executive director; P.A. 91-302 deleted provision in
Subdiv. (1) of Subsec. (a) re appointment of members of commission on or before July 1, 1983, and added Subsec. (d) re
appointment of no more than two deputy directors by the executive director with the approval of a majority of the commission, and the duties and status of the deputy directors; P.A. 93-362 inserted new Subsec. (e) re appointment of no more
than two hearing adjudicators by executive director and powers of hearing adjudicators, relettering former Subsec. (e) as
(f); P.A. 98-245 amended Subsec. (c) to provide for annual evaluation of the executive director by the commission and to
specify that executive director shall serve at the pleasure of the commission but no longer than four years from July fifteenth
unless reappointed, effective July 1, 1998, and applicable to all cases pending with the commission or in the courts and
cases filed on or after said date; P.A. 00-150 amended Subsec. (a) to require that commission members be appointed with
the advice and consent of both houses of the General Assembly on and after October 1, 2000; June Sp. Sess. P.A. 00-1
amended Subsec. (c) to give executive director authority to enter into necessary contractual agreements, effective June
21, 2000.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
See Sec. 4-38f for definition of "administrative purposes only."
Annotations to former section 31-123:
Cited. 153 C. 173. Cited. 163 C. 327. Cited. 172 C. 496, 515 (Dissent).
Cited. 28 CS 472.
Annotations to present section:
Cited. 3 CA 464, 467. P.A. 89-332 Sec. 1 cited. 236 C. 681, 692, 695, 697. P.A. 89-332 cited. Id.
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(1967, P.A. 636, S. 4; P.A. 78-59; P.A. 83-569, S. 16, 17.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) To establish and maintain such offices as the commission may deem necessary;
(2) To organize the commission into a division of affirmative action monitoring
and contract compliance, a division of discriminatory practice complaints and such other
divisions, bureaus or units as may be necessary for the efficient conduct of business of
the commission;
(3) To employ a commission counsel who shall not be subject to the provisions of
chapter 67;
(4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their
duties;
(5) To adopt, publish, amend and rescind regulations consistent with and to effectuate the provisions of this chapter;
(6) To establish rules of practice to govern, expedite and effectuate the procedures
set forth in this chapter;
(7) To recommend policies and make recommendations to agencies and officers of
the state and local subdivisions of government to effectuate the policies of this chapter;
(8) To receive, initiate as provided in section 46a-82, investigate and mediate discriminatory practice complaints;
(9) By itself or with or by hearing officers or human rights referees, to hold hearings,
subpoena witnesses and compel their attendance, administer oaths, take the testimony
of any person under oath and require the production for examination of any books and
papers relating to any matter under investigation or in question;
(10) To make rules as to the procedure for the issuance of subpoenas by individual
commissioners, hearing officers and human rights referees;
(11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice
as defined in subdivision (8) of section 46a-51, and to adopt regulations in accordance
with the provisions of chapter 54 for the procedure for the issuance of interrogatories
and compliance with interrogatory requests;
(12) To utilize such voluntary and uncompensated services of private individuals,
agencies and organizations as may from time to time be offered and needed and with
the cooperation of such agencies, (A) to study the problems of discrimination in all or
specific fields of human relationships and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of
the state;
(13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;
(14) To require the posting, by any respondent or other person subject to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of such notices of statutory provisions as it deems desirable;
(15) (A) To require an employer having three or more employees to post in a prominent and accessible location information concerning the illegality of sexual harassment
and remedies available to victims of sexual harassment; and (B) to require an employer
having fifty or more employees to provide two hours of training and education to all
supervisory employees within one year of October 1, 1992, and to all new supervisory
employees within six months of their assumption of a supervisory position, provided
any employer who has provided such training and education to any such employees
after October 1, 1991, shall not be required to provide such training and education a
second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available
to victims of sexual harassment. As used in this subdivision, "sexual harassment" shall
have the same meaning as set forth in subdivision (8) of subsection (a) of section 46a-
60, and "employer" shall include the General Assembly;
(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory
and nonsupervisory employees, not later than January 1, 2001, with priority for such
training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a
state agency, with priority for such training to supervisory employees. Such training and
education shall include information concerning the federal and state statutory provisions
concerning discrimination and hate crimes directed at protected classes and remedies
available to victims of discrimination and hate crimes, standards for working with and
serving persons from diverse populations and strategies for addressing differences that
may arise from diverse work environments; and (B) submit an annual report to the
Commission on Human Rights and Opportunities concerning the status of the diversity
training and education required under subparagraph (A) of this subdivision. The information in such annual reports shall be reviewed by the commission for the purpose of
submitting an annual summary report to the General Assembly. Notwithstanding the
provisions of this section, if a state agency has provided such diversity training and
education to any of its employees prior to October 1, 1999, such state agency shall not
be required to provide such training and education a second time to such employees. The
requirements of this subdivision shall be accomplished within available appropriations;
(17) To receive and investigate complaints concerning the failure of a state agency
to comply with the requirements of subdivision (16) of this section; and
(18) To enter into contracts for and accept grants of private or federal funds and to
accept gifts, donations or bequests, including donations of service by attorneys.
(1949 Rev., S. 7404; September, 1957, P.A. 11, S. 13; 1967, P.A. 210, S. 1; 715, S. 1; P.A. 75-216, S. 1, 2; 75-597;
P.A. 77-452, S. 62, 72; P.A. 78-280, S. 1, 127; P.A. 80-422, S. 3; 80-483, S. 91, 186; P.A. 81-81, S. 4; P.A. 84-88; P.A.
88-317, S. 97, 107; P.A. 89-332, S. 2, 7; P.A. 90-246, S. 6; P.A. 91-58, S. 21; 91-302, S. 2, 5; P.A. 92-85; P.A. 98-245, S.
9, 14; P.A. 99-180, S. 1.)
History: 1967 acts empowered commission to require posting of notices regarding statutory provisions by employer,
employment agency or labor organization and imposed maximum fine of two hundred fifty dollars for failure to do so and
authorized establishment of offices the commission deems necessary rather than of a single office in Hartford; P.A. 75-
216 empowered commission to require written answers to interrogatories re complaints under investigation and added
provisions re court action when interrogatories are not answered; P.A. 75-597 empowered commission to enter into contracts
for and accept federal funds; P.A. 77-452 replaced court of common pleas with superior court where appearing; P.A. 78-
280 deleted reference to counties; P.A. 80-422 replaced alphabetic Subdiv. indicators with numeric indicators, deleted
provisions re procedures for court action when commission's powers are defied, re penalties associated with failure to
recognize commission's powers, etc. and re commission's annual report to the governor and empowered commission to
employ commission counsel, to establish rules of practice and to require posting of notice re statutory provisions at places
of public accommodation, resort or amusement; P.A. 80-483 corrected faulty section reference; Sec. 31-125 transferred
to Sec. 46a-54 in 1981; P.A. 81-81 amended Subdiv. (10) by adding reference to Sec. "47a-2a" which was subsequently
transferred and redesignated Sec. 46a-64a; P.A. 84-88 amended Subdiv. (10) to require written answers to interrogatories
under oath to any complaint alleging any discriminatory practice and added provision re regulations concerning procedure
for issuance of and compliance with interrogatories; P.A. 88-317 substituted hearing "officers" for hearing "examiners"
in Subdivs. (8) and (9), effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date;
P.A. 89-332 added new Subdiv. (2) re organization of commission into division of affirmative action monitoring, division
of discriminatory practice complaints and such other divisions and units as necessary and renumbered remaining Subdivs;
P.A. 90-246 amended Subdiv. (14) by replacing requirement that posting be at place of public accommodation, resort or
amusement with requirement that posting be by respondent or other person subject to requirements of Sec. 46a-64 or 46a-
64c; P.A. 91-58 amended Subdiv. (14) to add reference to Secs. 46a-81d and 46a-81e; P.A. 91-302 amended Subdiv. (15)
to permit acceptance of private funds and gifts, donations or bequests, including donations of service by attorneys; P.A.
92-85 inserted new Subdiv. (15) re requiring that employers of three or more employees post information re sexual harassment and remedies available to victims and that employers of fifty or more employees provide two hours training and
education re sexual harassment to all supervisory employees, renumbering former Subdiv. (15) as (16); P.A. 98-245
amended Subdivs. (9) and (10) by adding reference to human rights referees, effective July 1, 1998, and applicable to all
cases pending with the commission or in the courts and cases filed on or after said date; P.A. 99-180 added a new Subdiv.
(16) to establish a three-hour diversity training and education requirement for all state agencies, to establish a related annual
reporting requirement for all state agencies and the commission and added a new Subdiv. (17) to require the commission
to receive and investigate complaints about a state agency's failure to comply with the newly established diversity training
requirement, renumbering former Subdiv. (16) as (18).
See Sec. 4a-60g re commission's duties re set-aside program for small contractors, minority business enterprises,
individuals with disabilities and nonprofit corporations.
Annotations to former section 31-125:
Regulations promulgated under this section cited. 153 C. 172. Cited. 153 C. 173. Cited. 163 C. 327.
Subdiv. (j):
Cited. 35 CS 565, 566, 568, 569.
Annotations to present section:
P.A. 89-332 Sec. 2 cited. 236 681, 692, 695, 697. P.A. 89-332 cited. Id.
Cited. 3 CA 464, 467.
Subdiv. (8):
Cited. 3 CA 464, 466.
Subdiv. (10):
Cited. 202 C. 601, 605.
Cited. 18 CA 126, 128−131.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1967, P.A. 715, S. 2; P.A. 80-422, S. 4.)
History: P.A. 80-422 rephrased provisions and authorized counsel to represent commission in proceeding where state
officers are adversary parties; Sec. 31-125a transferred to Sec. 46a-55 in 1981.
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(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 as provided in
this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections
46a-68c to 46a-68f, inclusive;
(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 sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit
discrimination; and
(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.
(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, 4a-60a, 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-60a, 4a-60g, 4a-62 and 46a-68b to 46a-68k, inclusive.
(c) If the commission determines through its complaint procedure that a contractor
or subcontractor is not complying with antidiscrimination statutes or contract provisions
required under section 4a-60 or 4a-60a or the provisions of section 46a-68c, 46a-68d,
46a-68e or 46a-68f, (A) the state shall retain two per cent of the total contract price per
month on any existing contract with such contractor and (B) the contractor shall be
prohibited from participation in any further contracts with state agencies until: (i) The
expiration of a period of two years from the date of the finding of noncompliance or (ii)
the commission determines that the contractor has adopted policies consistent with such
statutes. The commission shall make such a determination as to whether the contractor
has adopted such policies within forty-five days of its determination of noncompliance.
In addition, the commission may do one or more of the following: (1) Publish or cause
to be published, the names of contractors or unions which it has found to be in noncompliance with such provisions; (2) notify the attorney general that, in cases in which there
is substantial or material violation or the threat of substantial or material violation of
the contractual provisions set forth in section 4a-60 or 4a-60a, appropriate proceedings
should be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals or groups who prevent directly or
indirectly, or seek to prevent directly or indirectly, compliance with the provisions of
said section 4a-60 or 4a-60a; (3) 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, when necessary; (4) recommend to the
appropriate prosecuting authority that criminal proceedings be brought for the furnishing
of false information to any contracting agency or to the commission as the case may
be; (5) order the contracting agency to refrain from entering into further contracts, or
extension 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 provisions of section 4a-60 or 4a-60a and sections 46a-68c to
46a-68f, inclusive. The commission shall adopt regulations in accordance with chapter
54 to implement the provisions of this section.
(d) If the commission determines through its complaint procedure and after a hearing held in accordance with chapter 54 that, with respect to a state contract, a contractor,
subcontractor 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 or supplier of materials knowing (A) that such other contractor,
subcontractor or supplier has fraudulently qualified as a minority business enterprise in
order to comply with antidiscrimination statutes or contract provisions required under
section 4a-60 or 4a-60a, 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 it shall
assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor or supplier of materials. 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 such penalty. Any penalties recovered shall be deposited in a special fund
and shall be held by the 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 such term is 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.)
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 (1) investigation of noncompliance with Sec. 4-114a, (2) 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 two per cent 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.
See Sec. 4a-60g re commission's duties re set-aside program for small contractors, minority business enterprises,
individuals with disabilities and nonprofit corporations.
(Return to TOC) (Return to Chapters) (Return to Titles)
(2) On and after October 1, 1999, the Governor shall appoint seven human rights
referees with the advice and consent of both houses of the General Assembly. When
the General Assembly is not in session, any vacancy shall be filled pursuant to the
provisions of section 4-19. The Governor shall appoint three human rights referees to
serve for a term of two years commencing October 1, 1999. The Governor shall appoint
four human rights referees to serve for a term of three years commencing January 1, 2000.
Thereafter human rights referees shall serve for a term of three years. The Governor may
remove any human rights referee for cause.
(b) Human rights referees shall serve full-time and shall conduct the hearings authorized by the provisions of this chapter. A human rights referee shall have the powers
granted to hearing officers and presiding officers by chapter 54 and this chapter. A
human rights referee shall be an attorney admitted to the practice of law in this state.
Any commissioner of the Superior Court who is able and willing to hear discriminatory
practice complaints may submit his name to the Governor for consideration for appointment as a human rights referee. No human rights referee shall appear before the commission or another hearing officer for one year after leaving office.
(c) The Chief Human Rights Referee and each full-time human rights referee shall
receive an annual salary equivalent to that set forth in subsection (h) of section 46b-231
and shall be entitled to the fringe benefits available to other state employees. The cost
of stenographic and clerical assistance, equipment and supplies shall be paid by the state
upon the approval of the Commissioner of Administrative Services. The budget for
human rights referees shall be a separate line item within the budget of the commission.
(d) On or after October 1, 1998, the executive director shall designate one human
rights referee to serve as Chief Human Rights Referee for a term of one year. The Chief
Human Rights Referee shall supervise and assign the human rights referees to conduct
hearings on complaints, including complaints for which a trial on the merits has not
commenced prior to October 1, 1998, on a rotating basis. The commission, in consultation with the executive director and Chief Human Rights Referee, shall develop regulations and rules of practice in accordance with chapter 54 to ensure consistent procedures
governing contested case proceedings.
(e) Part-time hearing officers serving on July 1, 1998, shall continue to serve until
all cases assigned to any such part-time hearing officer are completed. If a part-time
hearing officer believes that a case should be transferred to a human rights referee, the
part-time hearing officer shall solicit the views of the parties and submit a recommendation to the Chief Human Rights Referee. The Chief Human Rights Referee shall determine whether the case should be assigned to any human rights referee or whether such
case should remain with such part-time hearing officer.
(f) Each part-time hearing officer and each commissioner shall receive one hundred
twenty-five dollars per day for each day on which he or she conducts hearings and, upon
presentation of adequate documentation, compensation in the amount of one hundred
twenty-five dollars per day prorated for the time during each day on which the officer
or commissioner is not conducting hearings but is engaged in the preparation of findings,
decisions, orders or rulings, and their reasonable expenses, including necessary stenographic and clerical help, shall be paid by the state upon approval of the Commissioner
of Administrative Services.
(g) When serving as a presiding officer as provided in section 46a-84, each human
rights referee or hearing officer shall have the same subpoena powers as are granted to
commissioners by subdivision (9) of section 46a-54. Each presiding officer shall also
have the power to determine a reasonable fee to be paid to an expert witness, including
but not limited to, any practitioner of the healing arts, as defined in section 20-1, dentist,
registered nurse or licensed practical nurse, as defined in section 20-87a, and real estate
appraiser when any such expert witness is summoned by the commission to give expert
testimony, in person or by deposition, in any contested case proceeding, pursuant to
section 46a-84. Said fee shall be paid to the expert witness in lieu of all other witness fees.
(1949 Rev., S. 7403; 1969, P.A. 656, S. 1; 1971, P.A. 547, S. 2; P.A. 73-444, S. 1, 3; P.A. 74-44; 74-338, S. 13, 94;
P.A. 80-422, S. 6; P.A. 83-569, S. 11, 17; P.A. 88-317, S. 98, 107; P.A. 89-332, S. 3, 7; P.A. 93-313, S. 2, 4; 93-362, S.
1; P.A. 98-245, S. 1, 14; P.A. 00-150, S. 2.)
History: 1969 act increased number of examiners from ten to fifteen, revising appointment provisions accordingly and
increased per diem payment from twenty-five to thirty-five dollars; 1971 act made technical grammatical correction; P.A.
73-444 increased number of examiners to twenty-five, revising appointment provisions accordingly, required that all
examiners be admitted to practice law in state and increased per diem to seventy-five dollars; P.A. 74-44 added provision
re prorated payment for time when examiner or commissioner is engaged in preparation of findings, decisions etc.; P.A.
74-338 made technical correction in appointment provision; P.A. 80-422 divided section into Subsecs., deleted obsolete
provision re original appointments and changed wording slightly; Sec. 31-124 transferred to Sec. 46a-57 in 1981; P.A. 83-
569 added Subsec. (e) concerning selection of hearing examiners on a rotating basis and termination of appointments after
three consecutive refusals to hear cases; P.A. 88-317 substituted hearing "officer" and "officers" for hearing "examiner"
and "examiners" throughout the section and substituted "presiding" officer for "hearing" officer in Subsec. (d), effective
July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-332 deleted former
Subsecs. (a) and (b) and added new Subsec. (a) re procedure for appointment of hearing examiners and relettered remaining
Subsecs.; reference in Subsec. (c) to "subdivision (8) of section 46a-54" was changed editorially by the Revisors to "subdivision (9) of section 46a-54" to reflect the renumbering of Sec. 46a-54 by P.A. 89-332, S. 2 in 1991; P.A. 93-313 amended
Subsec. (b) by increasing per diem compensation for hearing officer from seventy-five to one hundred twenty-five dollars,
effective July 1, 1993; P.A. 93-362 changed appointment procedure for hearing officers appointed by governor, increased
minimum amount of time admitted to practice of law from two to five years, provided term of five years, provided for
automatic appointment for hearing officers appointed prior to and serving on October 1, 1993, and amended Subsec. (c)
re power of presiding officer to determine reasonable fee to be paid to expert witness; P.A. 98-245 revised Subsec. (a) to
provide for appointment of three human rights referees by Governor for terms commencing October 1, 1998, and four
human rights referees for terms commencing January 1, 1999, all for terms of one year and for appointment, on and after
October 1, 1999, of seven human rights referees with advice and consent of both houses of the General Assembly for
staggered terms, with all eventually serving a term of three years, revised Subsec. (b), deleting provision re hearing officers
and providing that human rights referees shall be full-time, shall not appear before commission or hearing officer for one
year after leaving office, revised Subsec. (c) re annual salary, fringe benefits, cost of secretarial assistance, equipment and
supplies of human rights referees, revised Subsec. (d) to provide for designation of chief human rights referee and revised
Subsec. (e) providing for part-time hearing officers serving on July 1, 1998, effective July 1, 1998, and applicable to all
cases pending with the commission or in the courts and cases filed on or after said date; P.A. 00-150 amended Subsec. (d)
to require the commission, in consultation with the executive director and Chief Human Rights Referee, to develop regulations and rules of practice to ensure consistent procedures governing contested case proceedings.
Annotations to former section 31-124:
Cited. 153 C. 173. Cited. 163 C. 327.
Annotations to present section:
P.A. 89-332 Sec. 3 cited. 236 C. 681, 692, 695, 697. P.A. 89-332 cited. Id.
Subsec. (c):
Cited. 3 CA 464, 466.
Subsec. (d):
Cited. 3 CA 464, 466, 467.
DISCRIMINATORY PRACTICES
(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). For 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, shall be
in violation of subsection (a).
(d) Any person who violates any provision of this section shall be guilty of a class
A misdemeanor, 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.
(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.)
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 one thousand dollars 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 one thousand dollars.
See Conn. Const. Art. I, Sec. 20 re equal protection of the law.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 52-251b re costs and attorney's fees in civil action for deprivation of civil rights.
See Sec. 53-37a re deprivation of a person's civil rights by person wearing mask or hood.
Annotations to former section 53-34:
If no violation of enumerated rights under statute is alleged, then there is no basis for hearing. 160 C. 226.
Annotations to present section:
Cited. 204 C. 17, 27, 28. Cited. 216 C. 108, 110. Cited. 232 C. 91, 114−116. Cited. 238 C. 337.
Subsec. (a):
Cited. 216 C. 85, 110. Cited. 220 C. 192, 194. Cited. 232 C. 91, 114. Cited. 238 C. 337.
Cited. 18 CA 126, 127. Cited. 38 CA 506, 508. Cited. 44 CA 446. Subdiv. (1) cited. Id. Cited. Id., 677.
(Return to TOC) (Return to Chapters) (Return to Titles)
(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.)
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.
Annotation to former section 53-35a:
Cited. 160 C. 226.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) For an employer, by himself or his 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 him in compensation or in
terms, conditions or privileges of employment because of the individual's race, color,
religious creed, age, sex, marital status, national origin, ancestry, present or past history
of mental disorder, mental retardation, learning disability or physical disability, including, but not limited to, blindness;
(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 his race, color, religious
creed, age, sex, marital status, national origin, ancestry, present or past history of mental
disorder, mental retardation, learning disability or physical disability, including, but not
limited to, blindness;
(3) For a labor organization, because of the race, color, religious creed, age, sex,
marital status, national origin, ancestry, present or past history of mental disorder, mental
retardation, learning disability or physical disability, including, but not limited to, blindness 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 he has opposed any
discriminatory employment practice or because he 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, marital status,
national origin, ancestry, present or past history of mental disorder, mental retardation,
learning disability or physical disability, including, but not limited to, blindness;
(7) For an employer, by himself or his 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 fail or refuse to make a reasonable effort
to transfer a pregnant employee to any suitable temporary position which may be available in any case in which an employee gives written notice of her pregnancy to her
employer and the employer or pregnant employee reasonably believes that continued
employment in the position held by the pregnant employee may cause injury to the
employee or fetus; (F) to fail or refuse to inform the pregnant employee that a transfer
pursuant to subparagraph (E) of this subdivision may be appealed under the provisions
of this chapter; or (G) to fail or refuse to inform his employees, by any reasonable means,
that they must give written notice of their pregnancy in order to be eligible for transfer
to a temporary position;
(8) For an employer, by himself or his 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. "Sexual harassment" shall,
for the purposes of this section, be defined as 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 himself or his 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 himself or his 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" shall be 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 himself or his 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.
(b) (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 his 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 his 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 his employer not less than thirty days prior to the date of such retirement.
(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.)
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) to include retirement or pension plans for employees of higher education institution in Subdiv.
(1), and, in conjunction with P.A. 79-304, to expand Subdiv. (2) re age and level of position and to add Subdiv. (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 Subdiv. (8) in Subsec. (a) 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 sixty-five to the amount of such coverage available under Medicare; P.A. 86-381 amended Subdiv. (1) of Subsec.
(b) to increase from twenty-seven thousand to forty-four thousand dollars 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) by
deleting provisions in Subdiv. (1) re inapplicability of the section to a person who has reached the age of seventy and is
entitled to benefits under a pension or retirement plan for state or municipal employees or for certain teachers; inserting a
provision in Subdiv. (1) 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 seventy, removing the provision
to limit the allowable reduction in employee benefit plan insurance coverage provided to any employee who has reached
the age of sixty-five 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 seventy and to which the section does not apply; P.A.
90-88 amended Subdiv. (1) of Subsec. (b) to allow for the provision of reduced coverage for Medicare eligible employees of
employers with less than twenty 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 Subdiv. (11) in Subsec. (a) making
discrimination based on genetic information a discriminatory practice.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
See Sec. 28-17 re prohibition against discharging employee for civil preparedness activity or eligibility for induction
into armed services.
See Sec. 46a-61 re mental disorder exception concerning discriminatory employment practices.
Annotations to former section 31-126:
Cited. 140 C. 537; 153 C. 173; Id., 652. Final judgment by arbitrators as to employment discrimination bears action.
163 C. 309. Cited. 163 C. 327. Cited. 165 C. 318, 325, 327. Sex classification in help wanted advertising constitutes a per
se violation. 168 C. 26. Cited. 168 C. 504. Failure to define specifications for position or to test capabilities of applicant
resulting in blanket exclusion from position is unfair employment practice. 176 C. 88, 89, 91, 92, 94, 95. Cited. Id. Cited.
176 C. 291, 294; Id., 533, 535, 537; 177 C. 75, 76. Cited. 179 C. 471, 476.
Purpose of statute is to eliminate discrimination in employment for specified reasons, and it is only within these prescribed reasons that the statute operates. 17 CS 93. See note to section 46a-82. Not unfair employment practice for corporation employer to require complainant to work regular factory shifts although this would require work on a religious sabbath.
28 CS 341.
Subdiv. (a):
Sex discrimination is an unfair employment practice which newspapers are not allowed to promote. 168 C. 26. Cited.
170 C. 327, 329. Cited. 172 C. 485, 488. Cited. 176 C. 88, 92, 93; Id., 291, 295; Id., 533, 535, 537−539; 177 C. 75, 76.
Cited. 198 C. 479, 482, 483. Cited. 211 C. 464, 466−469, 471, 473, 476.
Subdiv. (d):
Cited. 198 C. 479, 483.
Subdiv. (e):
A newspaper aids and abets sex discrimination by offering sex classifications in help wanted advertisements and
commits an unfair employment practice. Bona fide occupational qualification exceptions are rare. 168 C. 26.
Subdiv. (f):
A corporation is a "person" and a newspaper corporation publishing an advertising section in sex-segregated columns
is guilty of promoting the unfair employment practice of sex discrimination in hiring. 168 C. 26.
Annotations to present section:
Cited. 188 C. 44, 65. Cited. 193 C. 558, 564. Cited. 195 C. 226, 229. Cited. 202 C. 601, 603−606. Cited. Id., 609, 612.
Cited. 211 C. 129, 130. Cited. 226 C. 670, 680. Cited. 232 C. 91, 97, 113, 114, 116. Cited. 236 C. 96, 98, 105. Cited. 236
C. 681, 699. Cited. 238 C. 337.
Cited. 16 CA 379, 385. Cited. 40 CA 577, 586.
Cited. 39 CS 528, 530.
Subsec. (a):
Subdiv. (1): Good faith not exculpatory under the statute; target of fair employment legislation is the effect, not the
purpose, of discrimination. 188 C. 44, 47, 48, 52, 53, 55, 58. Subdiv. (4) cited. 188 C. 44, 47−49, 64. Subdiv. (1) cited.
195 C. 226, 227; 196 C. 208, 209, 211; 198 C. 479, 482, 483. Subdiv. (4) cited. Id., 479, 483. Subdiv. (4) cited. 202 C.
150, 152. Subdiv. (1) cited. Id., 601, 602; Id., 609, 610. Subdiv. (1) cited. 211 C. 129−131; Id., 464, 466−469, 471, 473,
476. Subdiv. (1) cited. 220 C. 307, 309, 311, 314, 320. Subdiv. (1) cited. 228 C. 545, 547, 548. Subdiv. (1) cited. 231 C.
328, 344. Subdiv. (1): Sec. 46a-86 does not authorize award of damages for emotional distress and attorneys' fees for
violation of this section. 232 C. 91, 93, 94. Subdiv. (7) cited. Id., 117−119. Subdiv. (7)(E) cited. Id., 117, 122. Subdiv. (1)
cited. 236 C. 96, 98, 102; Id., 250, 252. Subdiv. (4) cited. Id. Subdiv. (1) cited. 237 C. 209, 210, 224. Subdiv. (1) cited.
238 C. 337. Subdiv. (7) cited. Id. Subdiv. (7)(A) cited. Id. Subdiv. (7)(B) cited. Id. Subdiv. (7)(C) cited. Id. Subdiv. (7)(D)
cited. Id.
Subdiv. (1) cited. 4 CA 423, 424. Subdiv. (4) cited. 5 CA 643. Subdiv. (1) cited. 18 CA 241, 242. Subdiv. (1) cited. 27
CA 635, 638. Subdiv. (1) cited. 35 CA 474, 478, 480. Subdiv. (1) cited. 38 CA 506, 508. Subdiv. (1) cited. 41 CA 1, 2.
Subdiv. (4) cited. 44 CA 446. Subdiv. (8) cited. Id. Cited. Id., 677. Subdiv. (1) cited. Id.
Subdiv. (1) cited. 39 CS 528, 530.
Subsec. (b):
Subdiv. (1)(C) cited. 196 C. 208, 211. Subdiv. (1)(A) cited. 211 C. 129, 131.
Subdiv. (1)(C) cited. 39 CS 528, 530.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 79-480, S. 2.)
Cited. 195 C. 226, 229.
Cited. 16 CA 379, 385.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1967, P.A. 426, S. 3; P.A. 73-89; P.A. 80-422, S. 10.)
History: P.A. 73-89 prohibited construction of Sec. 31-123 or 31-126 so as to void or supersede Sec. 31-75 rather than
so as to void or supersede "any statute relating to the employment of women ..."; P.A. 80-422 added reference to new
section codified as Sec. 46a-56 in 1981 and substituted "may" for "shall"; Sec. 31-126a transferred to Sec. 46a-62 in 1981
and internal references to Secs. 31-123 and 31-126 changed to reflect their transfer.
Annotation to former section 31-126a:
Cited. 27 CS 141.
Annotations to present section:
Cited. 195 C. 226, 229.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Place of public accommodation, resort or amusement" means any establishment which caters or offers its services or facilities or goods to the general public,
including, but not limited to, any commercial property or building lot, on which it is
intended that a commercial building will be constructed or offered for sale or rent;
(2) "Deaf person" means a person who cannot readily understand spoken language
through hearing alone and who may also have a speech defect which renders his speech
unintelligible to most people with normal hearing;
(3) "Lawful source of income" means income derived from social security, supplemental security income, housing assistance, child support, alimony or public or general
assistance.
(P.A. 80-422, S. 11; June Sp. Sess. P.A. 83-3, S. 1; P.A. 89-288, S. 1; P.A. 90-246, S. 2; P.A. 91-58, S. 23.)
History: June Sp. Sess. P.A. 83-3 changed term "mobile home" to "mobile manufactured home"; P.A. 89-288 added
Subdiv. (4) defining "lawful source of income"; P.A. 90-246 redefined "place of public accommodation, resort or amusement" to delete public housing projects, housing accommodations and mobile manufactured home parks and deleted
definition of "mobile manufactured home park"; P.A. 91-58 made technical change extending the applicability of the
definitions in this section to new Sec. 46a-81d.
Subdiv. (a):
Denial of opportunity to serve as scoutmaster is not a deprivation of an "accommodation". 204 C. 287−289, 291−303.
(Return to TOC) (Return to Chapters) (Return to Titles)
(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.
(c) Any person who violates any provision of this section shall be fined not less
than twenty-five nor more than one hundred dollars or imprisoned not more than thirty
days or both.
(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.)
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 subdivisions (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 sixty 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 amended Subsec. (b) by adding Subdiv. (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 a new Subdiv. (7) to Subsec. (b) 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 amended Subsec. (a) by
adding Subdiv. (3) re breast-feeding and renumbering the remaining Subdivs.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g re definition of "mental retardation."
See Sec. 46a-42 re definition of "mobility impaired person".
Annotations to former section 53-35:
Barbershop not a place of public accommodation. 79 C. 541. Wife could be enjoined from renting her interest in
apartment owned jointly with her husband, where it was proven she refused rental because of plaintiff's race, but no proof
was given that husband authorized discrimination. 157 C. 20. Cited. 160 C. 226. Cited. 165 C. 516.
Tavern operating under a permit comes within the statute. 7 CS 443. Cited. 20 CS 171. Hospital deemed public accommodation re constitutional discrimination. 30 CS 1. Cited. 35 CS 549, 553; id., 565, 568, 569.
Defendant owner of rental premises violated section by discriminating against complainant, a prospective tenant, in
rental of apartment because of her Puerto Rican ancestry. 6 Conn. Cir. Ct. 179.
Subsec. (a):
Cited. 201 C. 350, 351, 354, 358, 359, 365.
Cited. 35 CS 565, 566.
Subsec. (d):
Cited. 204 C. 287, 294.
Annotations to present section:
Complainant at outset must establish a prima facie case of discrimination and as part of initial burden must introduce
evidence that he was ready to accept the legitimate objective requirements of tenancy. 200 C. 261, 264−266. Cited. 201
C. 350, 351, 354, 358, 359, 365. Cited. 232 C. 645, 651, 652.
Fair Housing Act, Sec. 46a-63 et seq. cited. 45 CA 1.
Subsec. (a):
Cited. 200 C. 261−263. Subdiv. (1): Denial of opportunity to serve as scoutmaster is not a deprivation of an "accommodation". 204 C. 287−289, 291−303. Subdiv. (1) cited. 220 C. 192, 194. Subdiv. (2) cited. Id.
Subdiv. (1) cited. 18 CA 126, 127. Subdiv. (2) cited. Id.
Subsec. (c):
Cited. 204 C. 287, 294.
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(P.A. 80-449, S. 1, 2, 6; P.A. 81-81, S. 1; P.A. 90-246, S. 15.)
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(1) "Discriminatory housing practice" means any discriminatory practice specified
in section 46a-64c or section 46a-81e.
(2) "Dwelling" means any building, structure, mobile manufactured home park or
portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure, mobile manufactured home park or portion thereof.
(3) "Fair Housing Act" means Title VIII of the Civil Rights Act of 1968, as amended,
and known as the federal Fair Housing Act (42 USC 3600-3620).
(4) "Family" includes a single individual.
(5) "Familial status" means one or more individuals who have not attained the age
of eighteen years being domiciled with a parent or another person having legal custody
of such individual or individuals; or the designee of such parent or other person having
such custody with the written permission of such parent or other person; or any person
who is pregnant or is in the process of securing legal custody of any individual who has
not attained the age of eighteen years.
(6) "Housing for older persons" means housing: (A) Provided under any state or
federal program that the Secretary of the United States Department of Housing and
Urban Development determines is specifically designed and operated to assist elderly
persons as defined in the state or federal program; or (B) intended for, and solely occupied by, persons sixty-two years of age or older; or (C) intended and operated for occupancy by at least one person fifty-five years of age or older per unit in accordance with
the standards set forth in the Fair Housing Act and regulations developed pursuant
thereto by the Secretary of the United States Department of Housing and Urban Development.
(7) "Mobile manufactured home park" means a plot of land upon which two or
more mobile manufactured homes occupied for residential purposes are located.
(8) "Physical or mental disability" includes, but is not limited to, mental retardation,
as defined in section 1-1g, and physical disability, as defined in subdivision (15) of
section 46a-51 and also includes, but is not limited to, persons who have a handicap as
that term is defined in the Fair Housing Act.
(9) "Residential-real-estate-related transaction" means (A) the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling, or secured by residential real estate; or (B) the
selling, brokering or appraising of residential real property.
(10) "To rent" includes to lease, to sublease, to let and to otherwise grant for a
consideration the right to occupy premises not owned by the occupant.
(P.A. 90-246, S. 4; P.A. 91-58, S. 24; P.A. 92-257, S. 1; P.A. 00-195, S. 1.)
History: P.A. 91-58 added reference to Sec. 46a-81e in introductory clause and Subdiv. (1); P.A. 92-257 revised statutory
cites in introductory language re applicability; P.A. 00-195 amended Subdiv. (3) to redefine "Fair Housing Act" to delete
reference to the Fair Housing Amendments Act of 1988 and insert "and known as the federal Fair Housing Act", and made
technical changes to Subdivs. (6) and (8).
Fair Housing Act, Sec. 46a-63 et seq. cited. 45 CA 1.
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(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, marital status,
age, lawful source of income or familial status.
(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, marital status, age, lawful
source of income or familial status.
(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, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability, 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, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability 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, marital status, age, lawful source
of income, familial status, learning disability or physical or mental disability.
(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, marital
status, age, lawful source of income, familial status, learning disability or physical or
mental disability.
(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, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability.
(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, marital status, age, lawful source of
income, familial status, learning disability or physical or mental disability.
(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, marital status, age, lawful source of income, familial
status, learning disability or physical or mental disability.
(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 fined not less
than twenty-five nor more than one hundred dollars or imprisoned not more than thirty
days, or both.
(P.A. 90-246, S. 5; P.A. 91-407, S. 1, 42; P.A. 92-257, S. 2.)
History: P.A. 91-407 added references to "learning disability", and 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".
Fair Housing Act, Sec. 46a-63 et seq. cited. 45 CA 1.
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