CHAPTER 814c*
HUMAN RIGHTS AND OPPORTUNITIES

      *Annotations to former chapter 563:

      Provision for commission to initiate its own proceedings if violation has occurred. 166 C. 226.

      Not unfair employment practice to require all employees to work factory shift although it interfered with complainant's religious sabbath. 28 CS 341.

      Annotations to present chapter:

      Plaintiff having failed to follow prescribed administrative route for claim of discrimination lacks statutory authority to pursue that claim in superior court. 196 C. 208, 209, 211, 213, 215. Connecticut Fair Employment Practices Act (CFEPA) cited. Id. Secs. 46a-51 through 46a-96 cited. 202 C. 601, 603, 604. Secs. 46a-51 through 46a-99 cited. 205 C. 324, 330. Cited. 211 C. 464, 467.

      Connecticut Fair Employment Practices Act (CFEPA), Secs. 46a-51 et seq. cited. 4 CA 423, 425. Connecticut Fair Employment Practices Act (CFEPA) Sec. 46a-51 et seq. cited. 44 CA 446. Connecticut Fair Employment Practices Act Sec. 46a-51 et seq. cited. Id., 677.

      Cited. 39 CS 528, 532.

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 legal counsel.
Sec. 46a-56. Commission duties.
Sec. 46a-57. (Formerly Sec. 31-124). Human rights referees: Appointment, term, removal, duties, qualifications. Chief Human Rights Referee. Regulations. Subpoena power. Expert witness fees.
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). Banking Commissioner 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. Compliance with Americans with Disabilities Act.
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 over complaints despite failure to comply with time requirements. Annual report. Delay in issuance of finding. Remedies. Court order.
Sec. 46a-83. Complaint: Review; dismissal; investigation; finding; reconsideration; attempt to eliminate discriminatory practice; default order.
Sec. 46a-83a. Right of appeal by complainant. Request for reconsideration by complainant.
Sec. 46a-83b. Alternative dispute resolution. Procedure. Binding arbitration. Voluntary mediation. Costs. Regulations.
Sec. 46a-84. Complaint: Certification; hearing; settlement or alternate dispute resolution endeavors; default order.
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 practice: Statute of limitations.
Sec. 46a-103. Civil action for discriminatory practice: Service of process on the commission; right of commission to intervene.
Sec. 46a-104. Civil action for discriminatory practice: Relief.
Secs. 46a-105 to 46a-125.

PART I
GENERAL PROVISIONS

      Sec. 46a-51. (Formerly Sec. 31-122). Definitions. As used in section 4a-60a and this chapter:

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

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

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

      (4) "Commissioner" means a member of the commission;

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

      (6) "Discrimination" includes segregation and separation;

      (7) "Discriminatory employment practice" means any discriminatory practice specified in 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 such individual's 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 such person's or employer's employ;

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

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

      (13) "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 the employer is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business;

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

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

      (1949 Rev., S. 7401; 1959, P.A. 145, S. 1; 1967, P.A. 253; 636, S. 5, 6; P.A. 75-350, S. 1; P.A. 76-96, S. 1, 2; P.A. 77-452, S. 61, 72; P.A. 80-422, S. 1; 80-449, S. 3, 6; P.A. 81-81, S. 3; 81-382, S. 1; P.A. 82-51, S. 2; P.A. 83-587, S. 56, 96; P.A. 84-204; P.A. 88-303, S. 4; P.A. 90-246, S. 1; 90-330, S. 2, 11; P.A. 91-58, S. 20; P.A. 95-79, S. 167, 189; P.A. 01-28, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 189.)

      History: 1959 act added Subdiv. (k) defining age; 1967 acts redefined "employer" as one with three or more rather than five or more employees and redefined "commission" and "commissioner" to change commission name from commission on civil rights to commission on human rights and opportunities; P.A. 75-350 deleted definition of "age", i.e. as "any age between forty and sixty-five, inclusive"; P.A. 76-96 redefined "court" as court of common pleas rather than superior court; P.A. 77-452 redefined "court" as superior court; P.A. 80-422 deleted definition of "unfair employment practice", defined "blind", "commission counsel", "discriminatory employment practice", "discriminatory practice", "mental retardation" and "respondent", replaced alphabetic Subdiv. indicators with numeric indicators and arranged definitions in alphabetical order; P.A. 80-449 made no substantive change; Sec. 31-122 transferred to Sec. 46a-51 in 1981; P.A. 81-81 amended Subdiv. (8) by adding reference to "section 47a-2a" which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 81-382 added Subdiv. (17) defining "discrimination on the basis of sex"; P.A. 82-51 redefined "mental retardation" to adopt the definition of Sec. 1-1g of the general statutes; P.A. 83-587 substituted "46a-54" for "46-54" in Subdiv. (3); P.A. 84-204 added Subdiv. (18) defining "discrimination on the basis of religious creed"; P.A. 88-303 redefined "discriminatory practice" to include a violation of Sec. 4-114a; P.A. 90-246 amended Subdiv. (8) by deleting reference to repealed Sec. 46a-64a and adding reference to Sec. 46a-64c; P.A. 90-330 added definition of "learning disability"; P.A. 91-58 added reference in introductory clause to Sec. 4a-60a and proposed to add reference to Secs. 46a-81a to 46a-81o, inclusive, but said Secs. already included in existing reference to "this chapter", amended definition of "discriminatory employment practice" to add reference to Sec. 46a-81c, and amended definition of "discriminatory practice" to include a violation of Sec. 4a-60a and Secs. 46a-81b to 46a-81o, inclusive; P.A. 95-79 redefined "person" to include limited liability companies, effective May 31, 1995; P.A. 01-28 added Subdiv. (20) defining "mental disability" and made technical changes for the purpose of gender neutrality in Subdivs. (9),(10) and (18); June 30 Sp. Sess. P.A. 03-6 replaced "commission counsel" with "commission legal counsel" as the defined term and replaced "the counsel employed by the commission pursuant to section 46a-54" with "a member of the legal staff employed by the commission pursuant to section 46a-54" as the definition of said term, effective August 20, 2003.

      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.

      Does not evince an intent by General Assembly to grant small businesses a license to discriminate, but instead evidences intention to exempt small businesses from the other burdens of the act, not from its antidiscrimination policy. 64 CA 573.

      Subdiv. (15):

      Cited. 220 C. 307, 314. Cited. 236 C. 96, 98. Cited. 237 C. 209, 211.

      Cited. 35 CA 474, 478.

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      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.

      (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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      Sec. 46a-53. (Formerly Sec. 4-61b). Executive Committee on Human Rights and Opportunities. Section 46a-53 is repealed.

      (1967, P.A. 636, S. 4; P.A. 78-59; P.A. 83-569, S. 16, 17.)

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      Sec. 46a-54. (Formerly Sec. 31-125). Commission powers. The commission shall have the following powers and duties:

      (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 legal staff as necessary to perform the duties and responsibilities under section 46a-55;

      (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 July 1, 2002, 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. As used in this subdivision, "employee" shall include any part-time employee who works more than twenty hours per week;

      (17) To require each agency to submit information demonstrating its compliance with subdivision (16) of this section as part of its affirmative action plan and 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; P.A. 01-53, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 190.)

      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); P.A. 01-53 made technical changes in Subdivs. (11) and (12), amended Subdiv. (16) by extending date for completion of training from January 1, 2001, to July 1, 2002, and adding definition of "employee" to include part-time employee who works more than twenty hours per week, and amended Subdiv. (17) to require agency to demonstrate compliance with training requirement as part of affirmative action plan; June 30 Sp. Sess. P.A. 03-6 amended Subdiv. (3) to authorize the commission to employ "legal staff as necessary to perform the duties and responsibilities under section 46a-55" rather than "a commission counsel who shall not be subject to the provisions of chapter 67", effective August 20, 2003.

      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.

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      Sec. 46a-55. (Formerly Sec. 31-125a). Commission legal counsel. The executive director shall assign a commission legal counsel to 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. Each commission legal counsel shall be a member of the bar of this state and shall report to the executive director on a day-to-day basis.

      (1967, P.A. 715, S. 2; P.A. 80-422, S. 4; May 9 Sp. Sess. P.A. 02-7, S. 93; June 30 Sp. Sess. P.A. 03-6, S. 191.)

      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; May 9 Sp. Sess. P.A. 02-7 required commission counsel to report to the executive director on a day-to-day basis and required executive director to evaluate the performance of the commission counsel, effective August 15, 2002; June 30 Sp. Sess. P.A. 03-6 replaced "The commission counsel shall represent the commission" with "The executive director shall assign a commission legal counsel to represent the commission", replaced "The commission counsel" with "Each commission legal counsel" and deleted provision requiring the executive director to evaluate the performance of the commission counsel, effective August 20, 2003.

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

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

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

      (3) Investigate and proceed in all cases of discriminatory practices 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.

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      Sec. 46a-57. (Formerly Sec. 31-124). Human rights referees: Appointment, term, removal, duties, qualifications. Chief Human Rights Referee. Regulations. Subpoena power. Expert witness fees. (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.

      (2) (A) 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. 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.

      (B) On and after July 1, 2001, there shall be five human rights referees. Each of the human rights referees serving on July 1, 2001, shall complete the term to which such referee was appointed. Thereafter, human rights referees shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve for a term of three years.

      (C) On and after July 1, 2004, there shall be seven human rights referees. Each of the human rights referees serving on July 1, 2004, shall complete the term to which such referee was appointed and shall serve until his successor is appointed and qualified. Thereafter, human rights referees shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve for a term of three years.

      (3) When the General Assembly is not in session, any vacancy shall be filled pursuant to the provisions of section 4-19. The Governor may remove any human rights referee for cause.

      (b) Human rights referees shall serve full-time and shall conduct the settlement negotiations and 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 or her 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) 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, in consultation with the executive director, shall supervise and assign the human rights referees to conduct settlement negotiations and 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 adopt regulations and rules of practice, in accordance with chapter 54, to ensure consistent procedures governing contested case proceedings.

      (d) 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. Such 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; June Sp. Sess. P.A. 01-9, S. 5, 131; May 9 Sp. Sess. P.A. 02-7, S. 94; May Sp. Sess. P.A. 04-2, S. 9.)

      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.; (Revisor's note: In 1993 a 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; June Sp. Sess. P.A. 01-9 amended Subsec. (a) to designate existing Subdiv. (2) as Subdiv. (2)(A), add new Subdiv. (2)(B) re number and terms of human rights referees and transfer language re the filling of a vacancy from Subdiv. (2)(A) to new Subdiv. (3), effective July 1, 2001; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (a) to transfer from Subdiv. (2)(A) to Subdiv. (3) provision authorizing the Governor to remove any human rights referee for cause and to include in Subdiv. (2)(B) provision requiring human rights referees to be appointed by the Governor with the advice and consent of both houses of the General Assembly, amended Subsec. (b) to require human rights referees to conduct "settlement negotiations" and to make a technical change for purposes of gender neutrality, deleted former Subsec. (c) re salaries of Chief Human Rights Referee and each full-time human rights referee, payment for stenographic and clerical assistance, equipment and supplies and budget for human rights referees, redesignated existing Subsec. (d) as Subsec. (c) and amended said Subsec. to provide that supervision and assignment of human rights referees by Chief Human Rights Referee shall be "in consultation with the executive director", include "settlement negotiations" in the duties of human rights referees and make technical changes, deleted Subsec. (e) re continuation of service of part-time hearing officers serving on July 1, 1998, and transfer of their cases, deleted Subsec. (f) re per diem compensation of part-time hearing officers and commissioners and redesignated existing Subsec. (g) as Subsec. (d) and amended said Subsec. to make technical changes, effective August 15, 2002; May Sp. Sess. P.A. 04-2 amended Subsec. (a)(2) by adding Subpara. (C) requiring seven human rights referees on and after July 1, 2004, effective May 12, 2004.

      See Sec. 4-61dd re duties of human rights referees in personnel actions involving state employees, employees of quasi-public agencies or employees of large state contractors.

      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.

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PART II*
DISCRIMINATORY PRACTICES

      *Cited. 196 C. 208, 215.

      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.

      (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. Commission on Human Rights and Opportunities had subject matter jurisdiction to adjudicate claim of racial discrimination brought by African-American senior student at a public high school against school principal and local board of education on the basis of a discrete course of allegedly discriminatory conduct by the principal. 270 C. 665.

      Cited. 18 CA 126, 127. Cited. 38 CA 506, 508. Cited. 44 CA 446. Subdiv. (1) cited. Id. Cited. Id., 677. Federal standards reviewed for guidance in enforcing state antidiscrimination statutes; court held that defendant had provided plaintiff with reasonable accommodation. 57 CA 767.

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

      (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.

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      Sec. 46a-60. (Formerly Sec. 31-126). Discriminatory employment practices prohibited. (a) It shall be a discriminatory practice in violation of this section:

      (1) For an employer, by the employer or the employer's agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against such individual 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 disability, 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 such individual's race, color, religious creed, age, sex, marital status, national origin, ancestry, present or past history of mental disability, 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 disability, 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 such person has opposed any discriminatory employment practice or because such person has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;

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

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

      (7) For an employer, by the employer or the employer's agent: (A) To terminate a woman's employment because of her pregnancy; (B) to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy; (C) to deny to that employee, who is disabled as a result of pregnancy, any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer; (D) to fail or refuse to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so; (E) to 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 employees of the employer, 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 the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment or member on the basis of sex. "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 the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to request or require information from an employee, person seeking employment or member relating to the individual's child-bearing age or plans, pregnancy, function of the individual's reproductive system, use of birth control methods, or the individual's familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need, provided an employer, through a physician may request from an employee any such information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus if the employer first informs the employee of the hazards involved in exposure to such substances;

      (10) For an employer, by the employer or the employer's agent, after informing an employee, pursuant to subdivision (9) of this subsection, of a workplace exposure to substances which may cause birth defects or constitute a hazard to an employee's reproductive system or to a fetus, to fail or refuse, upon the employee's request, to take reasonable measures to protect the employee from the exposure or hazard identified, or to fail or refuse to inform the employee that the measures taken may be the subject of a complaint filed under the provisions of this chapter. Nothing in this subdivision is intended to prohibit an employer from taking reasonable measures to protect an employee from exposure to such substances. For the purpose of this subdivision, "reasonable measures" 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 the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent: (A) To request or require genetic information from an employee, person seeking employment or member, or (B) to discharge, expel or otherwise discriminate against any person on the basis of genetic information. For the purpose of this subdivision, "genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member.

      (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 such person's employer, which equals, in aggregate, at least forty-four thousand dollars; (C) the termination of employment of persons in occupations, including police work and fire-fighting, in which age is a bona fide occupational qualification; (D) the operation of any bona fide apprenticeship system or plan; or (E) the observance of the terms of a bona fide seniority system or any bona fide employee benefit plan for retirement, pensions or insurance which is not adopted for the purpose of evading said provisions, except that no such plan may excuse the failure to hire any individual and no such system or plan may require or permit the termination of employment on the basis of age. No such plan which covers less than twenty employees may reduce the group hospital, surgical or medical insurance coverage provided under the plan to any employee who has reached the age of sixty-five and is eligible for Medicare benefits or any employee's spouse who has reached age sixty-five and is eligible for Medicare benefits except to the extent such coverage is provided by Medicare. The terms of any such plan which covers twenty or more employees shall entitle any employee who has attained the age of sixty-five and any employee's spouse who has attained the age of sixty-five to group hospital, surgical or medical insurance coverage under the same conditions as any covered employee or spouse who is under the age of sixty-five.

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

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

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

      (1949 Rev., S. 7405; 1955, S. 3035d; 1959, P.A. 145, S. 3; 1963, P.A. 261; 1967, P.A. 426, S. 2; P.A. 73-279, S. 14; 73-647; P.A. 75-350, S. 2; 75-446, S. 2; P.A. 78-148, S. 10; 78-350, S. 1, 6; P.A. 79-152; 79-303; 79-304, S. 1; 79-480, S. 1; P.A. 80-285; 80-422, S. 9; P.A. 81-382, S. 2; P.A. 82-196, S. 1; P.A. 86-381; P.A. 88-303, S. 3, 6; P.A. 89-147, S. 1, 3; P.A. 90-88, S. 3; 90-330, S. 3, 11; P.A. 98-180; P.A. 01-28, S. 8.)

      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; P.A. 01-28 made technical changes for the purpose of gender neutrality in Subsecs. (a) and (b) and amended Subsec. (a) by changing "mental disorder" to "mental disability".

      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. Id., 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. Id., 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. Plaintiff provided no authority or per se rule equating violation of section with intentional infliction of emotional distress and court was not inclined to create such a rule. 61 CA 108.

      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. Id., 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. Section does not expressly obligate employer to accommodate employee's work-at-home requests, or to refrain from taking adverse action against employee who persists in efforts to secure such arrangement. 249 C. 766. Subdiv. (1) does not impose liability on individual employees. 259 C. 729. Because Fair Employment Practices Act clearly expresses a public policy determination by legislature that employers with fewer than three employees shall be exempt from liability for discrimination on the basis of sex, including pregnancy-related discrimination, a common-law claim for wrongful discharge on the basis of pregnancy will not lie against such employers. 260 C. 691.

      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. Federal standards reviewed for guidance in enforcing state antidiscrimination statutes; court held that defendant had provided plaintiff with reasonable accommodation. 57 CA 767. Subdiv (7): There is a public policy against sex discrimination in employment sufficiently expressed in statutory and constitutional law to permit a cause of action for wrongful discharge; although Sec. 46a-51(10) excludes many employers from the requirements of the act, the clear public policy against sex discrimination transcends the exclusion. 64 CA 573. Company may be held liable for discrimination even where decision-making official did not intentionally discriminate if information used by that official in deciding to terminate a worker's employment was filtered through another employee who had a discriminatory motive. 72 CA 212. Subdiv. (1): State's public policy prohibiting discrimination on the basis of disabilities is embodied in subdiv. 81 CA 726.

      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.

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      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.

      (P.A. 79-480, S. 2.)

      Cited. 195 C. 226, 229.

      Cited. 16 CA 379, 385.

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      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.

      (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.

      Annotation to present section:

      Cited. 195 C. 226, 229.

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      Sec. 46a-63. Discriminatory public accommodation practices: Definitions. As used in this chapter:

      (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 state-administered 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; P.A. 04-76, S. 37.)

      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; P.A. 04-76 amended Subdiv. (3) by replacing reference to "general assistance" with reference to "state-administered general assistance".

      Subdiv. (a):

      Denial of opportunity to serve as scoutmaster is not a deprivation of an "accommodation". 204 C. 287-289, 291-303.

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      Sec. 46a-64. (Formerly Sec. 53-35). Discriminatory public accommodations practices prohibited. Penalty. (a) It shall be a discriminatory practice in violation of this section: (1) To deny any person within the jurisdiction of this state full and equal accommodations in any place of public accommodation, resort or amusement because of race, creed, color, national origin, ancestry, sex, 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.

      (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 ref