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 refused rental because of plaintiff's race, but no proof
was given that husband authorized discrimination. 157 C. 20. Cited. 160 C. 226. Cited. 165 C. 516.
Tavern operating under a permit comes within the statute. 7 CS 443. Cited. 20 CS 171. Hospital deemed public accommodation re constitutional discrimination. 30 CS 1. Cited. 35 CS 549, 553; id., 565, 568, 569.
Defendant owner of rental premises violated section by discriminating against complainant, a prospective tenant, in
rental of apartment because of her Puerto Rican ancestry. 6 Conn. Cir. Ct. 179.
Subsec. (a):
Cited. 201 C. 350, 351, 354, 358, 359, 365.
Cited. 35 CS 565, 566.
Subsec. (d):
Cited. 204 C. 287, 294.
Annotations to present section:
Complainant at outset must establish a prima facie case of discrimination and as part of initial burden must introduce
evidence that he was ready to accept the legitimate objective requirements of tenancy. 200 C. 261, 264-266. Cited. 201
C. 350, 351, 354, 358, 359, 365. Cited. 232 C. 645, 651, 652.
Fair Housing Act, Sec. 46a-63 et seq. cited. 45 CA 1.
Subsec. (a):
Cited. 200 C. 261-263. Subdiv. (1): Denial of opportunity to serve as scoutmaster is not a deprivation of an "accommodation". 204 C. 287-289, 291-303. Subdiv. (1) cited. 220 C. 192, 194. Subdiv. (2) cited. Id.
Subdiv. (1) cited. 18 CA 126, 127. Subdiv. (2) cited. Id.
Subsec. (c):
Cited. 204 C. 287, 294.
Sec. 46a-64a. (Formerly Sec. 47a-2a). Discrimination against families with
children prohibited. Section 46a-64a is repealed.
(P.A. 80-449, S. 1, 2, 6; P.A. 81-81, S. 1; P.A. 90-246, S. 15.)
Sec. 46a-64b. Discriminatory housing practices: Definitions. As used in sections 46a-51 to 46a-99, inclusive:
(1) "Discriminatory housing practice" means any discriminatory practice specified
in section 46a-64c or section 46a-81e.
(2) "Dwelling" means any building, structure, mobile manufactured home park or
portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building, structure, mobile manufactured home park or portion thereof.
(3) "Fair Housing Act" means Title VIII of the Civil Rights Act of 1968, as amended,
and known as the federal Fair Housing Act (42 USC 3600-3620).
(4) "Family" includes a single individual.
(5) "Familial status" means one or more individuals who have not attained the age
of eighteen years being domiciled with a parent or another person having legal custody
of such individual or individuals; or the designee of such parent or other person having
such custody with the written permission of such parent or other person; or any person
who is pregnant or is in the process of securing legal custody of any individual who has
not attained the age of eighteen years.
(6) "Housing for older persons" means housing: (A) Provided under any state or
federal program that the Secretary of the United States Department of Housing and
Urban Development determines is specifically designed and operated to assist elderly
persons as defined in the state or federal program; or (B) intended for, and solely occupied by, persons sixty-two years of age or older; or (C) intended and operated for occupancy by at least one person fifty-five years of age or older per unit in accordance with
the standards set forth in the Fair Housing Act and regulations developed pursuant
thereto by the Secretary of the United States Department of Housing and Urban Development.
(7) "Mobile manufactured home park" means a plot of land upon which two or
more mobile manufactured homes occupied for residential purposes are located.
(8) "Physical or mental disability" includes, but is not limited to, mental retardation,
as defined in section 1-1g, and physical disability, as defined in subdivision (15) of
section 46a-51 and also includes, but is not limited to, persons who have a handicap as
that term is defined in the Fair Housing Act.
(9) "Residential-real-estate-related transaction" means (A) the making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling, or secured by residential real estate; or (B) the
selling, brokering or appraising of residential real property.
(10) "To rent" includes to lease, to sublease, to let and to otherwise grant for a
consideration the right to occupy premises not owned by the occupant.
(P.A. 90-246, S. 4; P.A. 91-58, S. 24; P.A. 92-257, S. 1; P.A. 00-195, S. 1.)
History: P.A. 91-58 added reference to Sec. 46a-81e in introductory clause and Subdiv. (1); P.A. 92-257 revised statutory
cites in introductory language re applicability; P.A. 00-195 amended Subdiv. (3) to redefine "Fair Housing Act" to delete
reference to the Fair Housing Amendments Act of 1988 and insert "and known as the federal Fair Housing Act", and made
technical changes to Subdivs. (6) and (8).
Although state fair housing act, Sec. 46a-64b et seq., applies to servicing and enforcement of a mortgage, the statutory
provision that governs discrimination in context of enforcement of mortgage loan agreements does not require that lender
provide accommodations for borrower's disability by varying terms or conditions of an otherwise generally applicable
mortgage policy. 265 C. 539.
Fair Housing Act, Sec. 46a-63 et seq. cited. 45 CA 1.
Sec. 46a-64c. Discriminatory housing practices prohibited. Disposition of
complaints. Penalty. (a) It shall be a discriminatory practice in violation of this section:
(1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to
negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to
any person because of race, creed, color, national origin, ancestry, sex, marital status,
age, lawful source of income or familial status.
(2) To discriminate against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities in connection therewith,
because of race, creed, color, national origin, ancestry, sex, marital status, age, lawful
source of income or familial status.
(3) To make, print or publish, or cause to be made, printed or published any notice,
statement, or advertisement, with respect to the sale or rental of a dwelling that indicates
any preference, limitation, or discrimination based on race, creed, color, national origin,
ancestry, sex, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability, or an intention to make any such preference,
limitation or discrimination.
(4) (A) To represent to any person because of race, creed, color, national origin,
ancestry, sex, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability that any dwelling is not available for inspection,
sale or rental when such dwelling is in fact so available.
(B) It shall be a violation of this subdivision for any person to restrict or attempt to
restrict the choices of any buyer or renter to purchase or rent a dwelling (i) to an area
which is substantially populated, even if less than a majority, by persons of the same
protected class as the buyer or renter, (ii) while such person is authorized to offer for
sale or rent another dwelling which meets the housing criteria as expressed by the buyer
or renter to such person and (iii) such other dwelling is in an area which is not substantially populated by persons of the same protected class as the buyer or renter. As used
in this subdivision, "area" means municipality, neighborhood or other geographic subdivision which may include an apartment or condominium complex; and "protected class"
means race, creed, color, national origin, ancestry, sex, marital status, age, lawful source
of income, familial status, learning disability or physical or mental disability.
(5) For profit, to induce or attempt to induce any person to sell or rent any dwelling
by representations regarding the entry or prospective entry into the neighborhood of a
person or persons of a particular race, creed, color, national origin, ancestry, sex, marital
status, age, lawful source of income, familial status, learning disability or physical or
mental disability.
(6) (A) To discriminate in the sale or rental, or to otherwise make unavailable or
deny, a dwelling to any buyer or renter because of a learning disability or physical or
mental disability of: (i) Such buyer or renter; (ii) a person residing in or intending to
reside in such dwelling after it is so sold, rented, or made available; or (iii) any person
associated with such buyer or renter.
(B) To discriminate against any person in the terms, conditions or privileges of sale
or rental of a dwelling, or in the provision of services or facilities in connection with
such dwelling, because of a learning disability or physical or mental disability of: (i)
Such person; or (ii) a person residing in or intending to reside in such dwelling after it
is so sold, rented, or made available; or (iii) any person associated with such person.
(C) For purposes of this subdivision, discrimination includes: (i) A refusal to permit,
at the expense of a person with a physical or mental disability, reasonable modifications
of existing premises occupied or to be occupied by such person if such modifications
may be necessary to afford such person full enjoyment of the premises; except that, in
the case of a rental, the landlord may, where it is reasonable to do so, condition permission
for a modification on the renter agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable wear and tear excepted; (ii)
a refusal to make reasonable accommodations in rules, policies, practices or services,
when such accommodations may be necessary to afford such person equal opportunity
to use and enjoy a dwelling; (iii) in connection with the design and construction of
covered multifamily dwellings for the first occupancy after March 13, 1991, a failure
to design and construct those dwellings in such manner that they comply with the requirements of Section 804(f) of the Fair Housing Act or the provisions of the state building
code as adopted pursuant to the provisions of sections 29-269 and 29-273, whichever
requires greater accommodation. "Covered multifamily dwellings" means buildings
consisting of four or more units if such buildings have one or more elevators, and ground
floor units in other buildings consisting of four or more units.
(7) For any person or other entity engaging in residential real-estate-related transactions to discriminate against any person in making available such a transaction, or in
the terms or conditions of such a transaction, because of race, creed, color, national
origin, ancestry, sex, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability.
(8) To deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility
relating to the business of selling or renting dwellings, or to discriminate against him
in the terms or conditions of such access, membership or participation, on account of
race, creed, color, national origin, ancestry, sex, marital status, age, lawful source of
income, familial status, learning disability or physical or mental disability.
(9) To coerce, intimidate, threaten, or interfere with any person in the exercise or
enjoyment of, or on account of his having exercised or enjoyed, or on account of his
having aided or encouraged any other person in the exercise or enjoyment of, any right
granted or protected by this section.
(b) (1) The provisions of this section shall not apply to (A) the rental of a room or
rooms in a single-family dwelling unit if the owner actually maintains and occupies part
of such living quarters as his residence or (B) a unit in a dwelling containing living
quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies the other such
living quarters as his residence. (2) The provisions of this section with respect to the
prohibition of discrimination on the basis of marital status shall not be construed to
prohibit the denial of a dwelling to a man or a woman who are both unrelated by blood
and not married to each other. (3) The provisions of this section with respect to the
prohibition of discrimination on the basis of age shall not apply to minors, to special
discount or other public or private programs to assist persons sixty years of age and
older or to housing for older persons as defined in section 46a-64b, provided there is
no discrimination on the basis of age among older persons eligible for such housing.
(4) The provisions of this section with respect to the prohibition of discrimination on
the basis of familial status shall not apply to housing for older persons as defined in
section 46a-64b or to a unit in a dwelling containing units for no more than four families
living independently of each other, if the owner of such dwelling resides in one of the
units. (5) The provisions of this section with respect to the prohibition of discrimination
on the basis of lawful source of income shall not prohibit the denial of full and equal
accommodations solely on the basis of insufficient income. (6) The provisions of this
section with respect to the prohibition of discrimination on the basis of sex shall not
apply to the rental of sleeping accommodations to the extent they utilize shared bathroom
facilities when such sleeping accommodations are provided by associations and organizations which rent such sleeping accommodations on a temporary or permanent basis
for the exclusive use of persons of the same sex based on considerations of privacy and
modesty.
(c) Nothing in this section limits the applicability of any reasonable state statute or
municipal ordinance restricting the maximum number of persons permitted to occupy
a dwelling.
(d) Nothing in this section or section 46a-64b shall be construed to invalidate or
limit any state statute or municipal ordinance that requires dwellings to be designed and
constructed in a manner that affords persons with physical or mental disabilities greater
access than is required by this section or section 46a-64b.
(e) Nothing in this section prohibits a person engaged in the business of furnishing
appraisals of real property to take into consideration factors other than race, creed, color,
national origin, ancestry, sex, marital status, age, lawful source of income, familial
status, learning disability or physical or mental disability.
(f) Notwithstanding any other provision of this chapter, complaints alleging a violation of this section shall be investigated within one hundred days of filing and a final
administrative disposition shall be made within one year of filing unless it is impracticable to do so. If the Commission on Human Rights and Opportunities is unable to complete
its investigation or make a final administrative determination within such time frames,
it shall notify the complainant and the respondent in writing of the reasons for not
doing so.
(g) Any person who violates any provision of this section shall be fined not less
than twenty-five nor more than one hundred dollars or imprisoned not more than thirty
days, or both.
(P.A. 90-246, S. 5; P.A. 91-407, S. 1, 42; P.A. 92-257, S. 2.)
History: P.A. 91-407 added references to "learning disability" (Revisor's note: In Subsec. (a)(4)(B), numeric indicators
within Subpara. (B) were changed editorially by the Revisors to lower case Roman numerals for consistency with usage
elsewhere in section); P.A. 92-257 amended Subsec. (b) by adding "single-family" before "dwelling" and "unit" after
"dwelling", adding "to the extent they utilize shared bathroom facilities when such sleeping accommodations are" after
"sleeping accommodations" and adding phrase "based on considerations of privacy and modesty".
In light of the nondiscriminatory purpose for which statute was enacted, a landlord may not rely solely on section 8
eligibility as basis for turning potential tenants away nor may it apply more stringent income requirements to section 8
rental applicants than to other rental applicants. 250 C. 763. Federal law does not preempt statute; federal statute has no
express preemption clause, does not occupy the field so comprehensively as to prohibit states from acting in the arena of
low income housing assistance, and state program advances remedial purpose of the federal law. Id. Allowing an exception
to antidiscrimination provisions for those landlords who refuse to use required section 8 lease would eviscerate the basic
protection envisioned by statute. Id.
Fair Housing Act, Sec. 46a-63 et seq. cited. 45 CA 1.
Subsec. (b):
Exception provided in Subdiv. (5) for insufficient income affords a landlord opportunity to determine whether, for
reasons extrinsic to the section 8 housing assistance, a potential tenant lacks income sufficient to assure that rent will be
paid promptly and other obligations of tenancy will be met. 250 C. 763.
Sec. 46a-65. (Formerly Sec. 36-436). Discriminatory credit practices: Definitions. As used in this section and sections 46a-66, 46a-67, 46a-81f and 46a-98:
(1) "Credit" means the right granted by a creditor to a person to defer payment of
debt or to incur debt and defer its payment, or purchase property or services and defer
payment therefor, including but not limited to the right to incur and defer debt which
is secured by residential real property;
(2) "Creditor" means any person who regularly extends or arranges for the extension
of credit for which the payment of a finance charge or interest is required whether in
connection with loans, sale of property or services or otherwise;
(3) "Invitation to apply for credit" means any communication, oral or written, by
a creditor which encourages or prompts an application for credit;
(4) "Application for credit" means any communication, oral or written, by a person
to a creditor requesting an extension of credit to that person or to any other person, and
includes any procedure involving the renewal or alteration of credit privileges or the
changing of the name of the person to whom credit is extended;
(5) "Extension of credit" means all acts incident to the evaluation of an application
for credit and the granting of credit;
(6) "Credit sale" means any transaction with respect to which credit is granted;
(7) "Credit transaction" means any invitation to apply for credit, application for
credit, extension of credit or credit sale.
(P.A. 73-573, S. 1; P.A. 80-422, S. 13; P.A. 91-58, S. 25.)
History: P.A. 80-422 deleted definition of "commission", i.e. commission on human rights and opportunities, replaced
alphabetic Subdiv. indicators with numeric indicators and substituted specific section references for "this chapter"; Sec.
36-436 transferred to Sec. 46a-65 in 1981; P.A. 91-58 added reference to Sec. 46a-81f in introductory clause.
Sec. 46a-66. (Formerly Sec. 36-437). Discriminatory credit practices prohibited. (a) It shall be a discriminatory practice in violation of this section for any creditor
to discriminate on the basis of sex, age, race, color, religious creed, national origin,
ancestry, marital status, mental retardation, learning disability, blindness or physical
disability against any person eighteen years of age or over in any credit transaction.
(b) No liability may be imposed under this section for an act done or omitted in
conformity with a regulation or declaratory ruling of the Banking Commissioner, the
Federal Reserve Board or any other governmental agency having jurisdiction under
the Equal Credit Opportunity Act, notwithstanding that after the act or omission the
regulation or declaratory ruling may be amended, repealed or determined to be invalid
for any reason.
(P.A. 73-573, S. 2; P.A. 75-281; P.A. 76-75; 76-171, S. 3; P.A. 77-604, S. 23, 84; P.A. 78-148, S. 11; P.A. 80-422, S.
14; P.A. 87-9, S. 2, 3; P.A. 90-330, S. 5, 11; P.A. 03-84, S. 33.)
History: P.A. 75-281 prohibited age discrimination and qualified prohibition to apply to any person "eighteen years of
age or over"; P.A. 76-75 prohibited discrimination on basis of race, color, religious creed, national origin or ancestry; P.A.
76-171 prohibited discrimination on basis of blindness or physical disability; P.A. 77-604 deleted word "solely" following
"discriminate"; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 80-422 substituted "a discriminatory practice in violation of this section" for "unlawful" in previous provision, designated as Subsec. (a), and added
Subsec. (b) re liability; Sec. 36-437 transferred to Sec. 46a-66 in 1981; (Revisor's note: Pursuant to P.A. 87-9 "banking
commissioner" was changed editorially by the Revisors to "commissioner of banking"); P.A. 90-330 amended Subsec.
(a) to include persons with a learning disability; P.A. 03-84 changed "Commissioner of Banking" to "Banking Commissioner" in Subsec. (b), effective June 3, 2003.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
Sec. 46a-67. (Formerly Sec. 36-439). Banking Commissioner to cooperate with
commission. Regulations. (a) The Banking Commissioner shall cooperate with the
commission in its enforcement of sections 46a-65 to 46a-67, inclusive, 46a-81f and
46a-98.
(b) The Banking Commissioner shall comply with the commission's request for
information, reasonable investigatory assistance and the promulgation of regulations
which may be required for the effective administration of sections 46a-65 to 46a-67,
inclusive, 46a-81f and 46a-98.
(P.A. 73-573, S. 4; P.A. 76-171, S. 2; P.A. 77-614, S. 161, 610; P.A. 80-422, S. 15; P.A. 87-9, S. 2, 3; P.A. 91-58, S.
26; P.A. 03-84, S. 34.)
History: P.A. 76-171 required bank commissioner's compliance with request for "reasonable investigatory assistance
and the promulgation of regulations"; P.A. 77-614 replaced bank commissioner with banking commissioner, effective
January 1, 1979; P.A. 80-422 divided section into Subsecs. and replaced "this chapter" with listing of specific sections;
Sec. 36-439 transferred to Sec. 46a-67 in 1981; (Revisor's note: Pursuant to P.A. 87-9 "banking commissioner" was
changed editorially by the Revisors to "commissioner of banking"); P.A. 91-58 added references to Sec. 46a-81f; P.A. 03-84 changed "Commissioner of Banking" to "Banking Commissioner", effective June 3, 2003.
Sec. 46a-68. (Formerly Sec. 4-61s). State affirmative action plans; filing; monitoring; reports; affirmative action officers; regulations. (a) Each state agency, department, board and commission shall develop and implement, in cooperation with the
Commission on Human Rights and Opportunities, an affirmative action plan that commits the agency, department, board or commission to a program of affirmative action
in all aspects of personnel and administration. Such plan shall be developed pursuant
to regulations adopted by the Commission on Human Rights and Opportunities in accordance with chapter 54 to ensure that affirmative action is undertaken as required by
state and federal law to provide equal employment opportunities and to comply with
all responsibilities under the provisions of sections 4-61u to 4-61w, inclusive, sections
46a-54 to 46a-64, inclusive, section 46a-64c and sections 46a-70 to 46a-78, inclusive.
The executive head of each such agency, department, board or commission shall be
directly responsible for the development, filing and implementation of such affirmative
action plan.
(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time affirmative action officer. If such affirmative action officer is an employee of the agency, department, board or commission, the executive head of the
agency, department, board or commission shall be directly responsible for the supervision of the officer.
(2) The Commission on Human Rights and Opportunities shall provide training and
technical assistance to affirmative action officers in plan development and implementation.
(3) The Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall provide a minimum of ten hours of training per
year concerning state and federal discrimination laws and techniques for conducting
internal investigations of discrimination complaints to persons designated by state agencies, departments, boards or commissions as affirmative action officers and persons
designated by the Attorney General or the Attorney General's designee to represent
such agencies, boards, departments or commissions pursuant to subdivision (5) of this
subsection.
(4) Each person designated by a state agency, department, board or commission as
an affirmative action officer shall (A) be responsible for mitigating any discriminatory
conduct within the agency, department, board or commission, (B) investigate all complaints of discrimination made against the state agency, department, board or commission, (C) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or
commission for proper action, and (D) complete ten hours of training provided by the
Commission on Human Rights and Opportunities and the Permanent Commission on
the Status of Women pursuant to subdivision (3) of this subsection.
(5) No person designated by a state agency, department, board or commission as an
affirmative action officer shall represent such agency, department, board or commission
before the Commission on Human Rights and Opportunities or the Equal Employment
Opportunity Commission. If a complaint of discrimination is filed with the Commission
on Human Rights and Opportunities or the Equal Employment Opportunity Commission
against a state agency, department, board or commission, the Attorney General, or a
designee of the Attorney General, other than the affirmative action officer for such
agency, board, department or commission, shall represent the state agency, board, department or commission before the Commission on Human Rights and Opportunities
or the Equal Employment Opportunity Commission.
(c) Each state agency, department, board and commission shall file an affirmative
action plan developed in accordance with subsection (a) of this section, with the Commission on Human Rights and Opportunities, semiannually, except that any state agency,
department, board or commission which has an affirmative action plan approved by the
commission may be permitted to file its plan on an annual basis in a manner prescribed
by the commission and any state agency, department, board or commission that employs
twenty or fewer full-time employees shall file its affirmative action plan biennially.
(d) The Commission on Human Rights and Opportunities shall review and formally
approve, conditionally approve or disapprove the content of such affirmative action
plans within ninety days of the submission of each plan to the commission. If the commissioners, by a majority vote of those present and voting, fail to approve, conditionally
approve or disapprove a plan within that period, the plan shall be deemed to be approved.
(e) The Commissioner of Administrative Services and the Secretary of the Office
of Policy and Management shall cooperate with the Commission on Human Rights
and Opportunities to insure that the State Personnel Act and personnel regulations are
administered, and that the process of collective bargaining is conducted by all parties
in a manner consistent with the affirmative action responsibilities of the state.
(f) The Commission on Human Rights and Opportunities shall monitor the activity
of such plans within each state agency, department, board and commission and report
to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.
(g) The Commission on Human Rights and Opportunities shall adopt regulations,
in accordance with chapter 54, to carry out the requirements of this section. Such regulations shall include a schedule for semiannual, annual and biennial filing of plans.
(P.A. 75-536, S. 1-3; P.A. 77-614, S. 66, 610; P.A. 79-255; P.A. 80-422, S. 16; P.A. 83-569, S. 12, 17; P.A. 84-41, S.
1, 2; P.A. 87-255; P.A. 90-246, S. 7; P.A. 99-233, S. 6, 7; P.A. 01-53, S. 1, 2; P.A. 03-151, S. 1.)
History: P.A. 77-614 replaced department of personnel and administration, i.e. personnel department, with department
of administrative services in Subsec. (a); P.A. 79-255 replaced department of administrative services with commission on
human rights and opportunities, added exception re annual filing and required approval of plan within seventy-five rather
than sixty days in Subsec. (b) and added Subsec. (d) re adoption of regulations; P.A. 80-422 updated section listing in
Subsec. (a), designated provision re deadline for approval as Subsec. (c), deleted provisions re proceedings upon commission's issuance of complaint for failure to submit plan or submission of plan which violates laws and redesignated former
Subsecs. (c) and (d) accordingly; Sec. 4-61s transferred to Sec. 46a-68 in 1981; P.A. 83-569 amended section to require
designation of full or part-time affirmative action officers trained by commission, to eliminate specified filing dates for
plans, to require formal approval or disapproval of plans within seventy-five days and to require the commissioner of
administrative services and the secretary of the office of policy and management to cooperate with the commission to
insure that state personnel act and regulations and the collective bargaining process are administered and conducted in a
manner consistent with the affirmative action responsibilities of the state; P.A. 84-41 amended Subsec. (d) increasing
length of time for commission to review plans from seventy-five to ninety days and providing if commissioners, by a
majority of those "present and voting", fail to approve or disapprove plan, the plan shall be deemed approved; P.A. 87-255 added provisions in Subsec. (a) re direct responsibility for development, filing and implementation of affirmative
action plan and added provisions in Subsec. (b) re direct responsibility for supervision of affirmative action officer; P.A. 90-246 amended Subsec. (a) by adding reference to Sec. 46a-64c; P.A. 99-233 amended Subsec. (d) to provide for conditional
approval of plans, effective June 29, 1999; P.A. 01-53 amended Subsec. (c) by adding provision re biennial filing of
affirmative action plans by state agency or department with twenty or fewer full-time employees and amended Subsec.
(g) by adding reference to biennial filing of plans; P.A. 03-151 amended Subsec. (b) by dividing existing provisions into
Subdivs. (1) and (2) and adding new Subdivs. (3) to (5), inclusive, requiring CHRO and PCSW to annually provide at least
ten hours of discrimination training to affirmative action officers and other persons designated to represent state agencies,
boards, departments and commissions before the EEOC or CHRO, and specifying duties, responsibilities and proscriptions
for affirmative action officers.
See Sec. 46a-68a re issuance of and effect of certificate of noncompliance.
Cited. 233 C. 28, 36.
Sec. 46a-68a. Certificate of noncompliance. Hiring freeze; exceptions. (a) The
commission may issue a certificate of noncompliance if the affirmative action plan
required by section 46a-68 is disapproved.
(b) The issuance of a certificate of noncompliance shall bar the agency, department,
board or commission in noncompliance with section 46a-68 from filling a position or
position classification by hire or promotion upon receipt of the certificate, the provisions
of any state law or regulation to the contrary notwithstanding, until: (1) The commission
determines that the agency has achieved compliance with section 46a-68 and withdraws
the certificate; or (2) the commission, at a hearing requested by the agency, department,
board or commission receiving the certificate and conducted by a presiding officer appointed by the chairperson of the commission, is unable to show cause why the certificate
of noncompliance should not be rescinded or a court, upon appeal, so determines; or
(3) the Commissioner of Administrative Services and the Secretary of the Office of
Policy and Management certify to the commission that the agency in noncompliance
with section 46a-68 requires immediate filling of the vacancy because failure to fill the
position or position classification will cause an emergency situation to exist jeopardizing
the public welfare. A separate certificate of exemption shall be required for each vacancy
in a position or position classification with respect to which the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management certify that
an emergency situation exists.
(c) Hearings under this section shall be conducted in accordance with sections 4-176e to 4-182, inclusive.
(d) The commission shall adopt regulations in accordance with chapter 54 to implement this section.
(P.A. 83-569, S. 14, 17; P.A. 87-303; P.A. 88-317, S. 95, 99, 107.)
History: P.A. 87-303 amended Subsec. (a) by deleting requirement that two consecutive disapprovals be required for
issuance of certificate of noncompliance; P.A. 88-317 substituted "presiding officer" for "hearing officer" in Subsec. (b),
and amended reference to Secs. 4-177 to 4-182 in Subsec. (c) to include new sections added to Ch. 54, effective July 1,
1989, and applicable to all agency proceedings commencing on or after that date.
Sec. 46a-68b. Definition of public works contract. As used in this section and
sections 4a-60, 4a-60a, 4a-60g, 4a-62, 46a-56 and 46a-68c to 46a-68k, inclusive: "Public
works contract" means any agreement between any individual, firm or corporation and
the state or any political subdivision of the state other than a municipality for construction, rehabilitation, conversion, extension, demolition or repair of a public building,
highway or other changes or improvements in real property, or which is financed in
whole or in part by the state, including, but not limited to, matching expenditures, grants,
loans, insurance or guarantees.
(P.A. 88-351, S. 1, 16; P.A. 89-253, S. 1, 7; P.A. 91-58, S. 27.)
History: P.A. 88-351, S. 1 effective April 1, 1989; P.A. 89-253 changed references to Secs. 4-114a and 4-114c to Secs.
4a-60 and 4a-62, deleted definition of "commission", amended definition of "public works contract" by adding "or any
political subdivision of the state other than a municipality" and deleted definition of "contractor"; P.A. 91-58 added
reference to Sec. 4a-60a.
Sec. 46a-68c. Contractors required to file affirmative action plan. Certificate
of compliance issued by commission. Revocation. In addition to the provisions of
section 4a-60, each contractor with fifty or more employees awarded a public works
contract in excess of fifty thousand dollars in any fiscal year, but not subject to the
provisions of section 46a-68d, shall develop and file with the commission an affirmative
action plan which shall comply with regulations adopted by said commission. Failure
to develop an approved affirmative action plan pursuant to this section shall act as a bar
to bidding on or the award of future contracts until such requirement has been met.
When the commission approves an affirmative action plan pursuant to this section, it
shall issue a certificate of compliance to the contractor. This certificate shall be prima
facie proof of the contractor's eligibility to bid or be awarded contracts for a period of
two years from the date of the certificate. Such certificate shall not excuse the contractor
from monitoring by the commission or from the reporting and record-keeping requirements of sections 46a-68e and 46a-68f. The commission may revoke the certificate of
a contractor if the contractor does not implement its affirmative action plan in compliance with this section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, and
46a-68e to 46a-68k, inclusive.
(P.A. 88-351, S. 3, 16; P.A. 89-253, S. 3, 7.)
History: P.A. 88-351, S. 3 effective April 1, 1989; P.A. 89-253 changed reference from Sec. 4-114a to Sec. 4a-60,
added "in any fiscal year", deleted former references to sections re reporting and record-keeping and substituted reference
to Secs. 46a-68e and 46a-68f and added references to Secs. 4a-60, 4a-62, 32-9e, 46a-56, 46a-68b, 46a-68d and 46a-68e
to 46a-68k, inclusive.
Sec. 46a-68d. Public works contracts subject to affirmative action requirements. Conditional acceptance by commission. Advance filing of plan. In addition
to the provisions of section 4a-60, every public works contract subject to the provisions
of part II of chapter 60 shall also be subject to the provisions of this section. After a bid
has been accepted but before a contract is awarded, the successful bidder shall file and
have approved by the commission an affirmative action plan. The commission may
provide for conditional acceptance of an affirmative action plan provided written assurances are given by the contractor that it will amend its plan to conform to affirmative
action requirements. The state shall withhold two per cent of the total contract price per
month from any payment made to such contractor until such time as the contractor has
developed an affirmative action plan, and received the approval of the commission.
Notwithstanding the provisions of this section, a contractor subject to the provisions of
this section may file a plan in advance of or at the same time as its bid. The commission
shall review plans submitted pursuant to this section within sixty days of receipt and
either approve, approve with conditions or reject such plan. When the commission approves an affirmative action plan pursuant to this section, it shall issue a certificate of
compliance to the contractor as provided in section 46a-68c.
(P.A. 88-351, S. 4, 16; P.A. 89-253, S. 4, 7.)
History: P.A. 88-351, S. 4 effective April 1, 1989; P.A. 89-253 changed reference to Sec. 4-114a to 4a-60 and added
provision requiring commission to issue certificate of compliance upon approval of affirmative action plan.
Sec. 46a-68e. Contractors and subcontractors required to file compliance reports. Each contractor shall file, and shall cause each of his subcontractors to file, with
the commission such compliance reports at such times as the commission may direct.
Compliance reports shall contain such information as to the practices, policies, programs
and employment policies, employment programs, and employment statistics of the contractor and each subcontractor and be in such form as the commission may prescribe.
(P.A. 88-351, S. 5, 16.)
History: P.A. 88-351, S. 5 effective April 1, 1989.
Sec. 46a-68f. Compliance reports to include labor union practices. Whenever
the contractor or subcontractor has a collective bargaining agreement or other contract
or understanding with a labor union or an agency referring workers or providing or
supervising apprenticeship or training for such workers, the compliance report shall
include information pertaining to such labor union's or agency's practices and policies
affecting compliance, as the commission may prescribe; provided, to the extent such
information is within the exclusive possession of a labor union or an agency referring
workers or providing or supervising apprenticeship or training and such labor union or
agency refuses to furnish information to the contractor, the contractor shall so certify
to the commission as part of its compliance report and shall set forth what efforts have
been made to obtain such information.
(P.A. 88-351, S. 6, 16.)
History: P.A. 88-351, S. 6 effective April 1, 1989.
Sec. 46a-68g. Prohibition re contractors who have not satisfactorily complied
with affirmative action requirements. Contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of sections 4a-60, 4a-60g, 46a-56
and 46a-68c to 46a-68f, inclusive, or submits a program for compliance acceptable to
the commission.
(P.A. 88-351, S. 8, 16; P.A. 89-253, S. 6, 7.)
History: P.A. 88-351, S. 8 effective April 1, 1989; P.A. 89-253 deleted reference to Sec. "4-114a, 4-114c" and inserted
"4a-60" in lieu thereof and deleted reference to Sec. 46a-68d.
Sec. 46a-68h. Hearing re noncompliance. If the commission issues an order pursuant to subdivision (5) of subsection (c) of section 46a-56, the contractor or subcontractor may request a hearing within fifteen days of receipt of such order to allow such
contractor or subcontractor to show cause why the commission's order should not be
implemented. Upon receipt of a request for a hearing, the commission shall appoint
a hearing officer or human rights referee pursuant to the procedures adopted by the
commission. Any hearing requested pursuant to this section shall be conducted in accordance with the provisions of sections 4-177 to 4-182, inclusive.
(P.A. 88-351, S. 9, 16; P.A. 90-271, S. 21, 24; P.A. 98-245, S. 10, 14.)
History: P.A. 88-351, S. 9 effective April 1, 1989; P.A. 90-271 substituted "hearing officer" for "hearing examiner";
P.A. 98-245 authorized appointment of 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.
Sec. 46a-68i. Right of appeal. The commission or any contractor or subcontractor
aggrieved by a decision of the hearing officer or human rights referee pursuant to section
46a-68h shall have a right of appeal to the Superior Court as provided for in section 4-183. Such appeal shall be privileged in order of assignment of trial.
(P.A. 88-351, S. 10, 16; P.A. 90-271, S. 22, 24; P.A. 98-245, S. 11, 14.)
History: P.A. 88-351, S. 10 effective April 1, 1989; P.A. 90-271 substituted "hearing officer" for "hearing examiner";
P.A. 98-245 added reference to human rights referee, 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.
Sec. 46a-68j. Regulations. The commission shall adopt regulations in accordance
with the provisions of chapter 54 for the purposes of sections 4a-60, 46a-56 and 46a-68b to 46a-68i, inclusive.
(P.A. 88-351, S. 12, 16.)
Sec. 46a-68k. State agency may use own compliance program. Approval by
commission. Regulations. (a) If the commission determines an agency of the state has
a contract compliance program which is at least equivalent to the requirements and
responsibilities of sections 4a-60 and 46a-68c to 46a-68f, inclusive, such agency, subject
to the approval of the commission, may use its own compliance program. Any contractor
who is a party to a public works contract with such agency may be relieved of the
requirements and responsibilities of said sections, provided such contractor complies
with the requirements of such agency's contract compliance program.
(b) The commission shall adopt regulations in accordance with chapter 54 to carry
out the purposes of this section, including, but not limited to, establishing a procedure
for such determination and approval.
(P.A. 88-351, S. 14, 16.)
Sec. 46a-69. Discriminatory practices by state. It shall be a discriminatory practice to violate any of the provisions of sections 46a-70 to 46a-78, inclusive.
(P.A. 80-422, S. 17.)
Cited. 16 CA 379, 386.
Sec. 46a-70. (Formerly Sec. 4-61c). Guarantee of equal employment in state
agencies. (a) State officials and supervisory personnel shall recruit, appoint, assign,
train, evaluate and promote state personnel on the basis of merit and qualifications,
without regard for race, color, religious creed, sex, marital status, age, national origin,
ancestry, mental retardation, mental disability, learning disability or physical disability,
including but not limited to, blindness, unless it is shown by such state officials or
supervisory personnel that such disability prevents performance of the work involved.
(b) All state agencies shall promulgate written directives to carry out this policy
and to guarantee equal employment opportunities at all levels of state government. They
shall regularly review their personnel practices to assure compliance.
(c) All state agencies shall conduct continuing orientation and training programs
with emphasis on human relations and nondiscriminatory employment practices.
(d) The Commissioner of Administrative Services shall insure that the entire examination process, including qualifications appraisal, is free from bias.
(e) Appointing authorities shall exercise care to insure utilization of minority group
persons.
(1969, P.A. 790, S. 1; P.A. 73-279, S. 7; P.A. 77-614, S. 66, 610; P.A. 78-148, S. 2; P.A. 80-422, S. 18; P.A. 90-330,
S. 6, 11; P.A. 01-28, S. 2; P.A. 04-171, S. 2; May Sp. Sess. P.A. 04-2, S. 37.)
History: P.A. 73-279 prohibited discrimination on basis of physical disability including blindness unless it is shown
that nature of work required sighted person or person without disability; P.A. 77-614 replaced personnel commissioner
with commissioner of administrative services; P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A.
80-422 created Subsecs. (b), (c) and (d) from former Subsec. (b), changing wording slightly and designated former Subsec.
(c) as (e); Sec. 4-61c transferred to Sec. 46a-70 in 1981; P.A. 90-330 amended Subsec. (a) to include persons with learning
disabilities; P.A. 01-28 amended Subsec. (a) by adding references to "marital status" and "mental disability"; P.A. 04-171
added new Subsec. (d) re confidentiality of the name and address of a sexual harassment complainant in an internal sexual
harassment investigation conducted on behalf of a state agency and redesignated existing Subsecs. (d) and (e) as new
Subsecs. (e) and (f), respectively, effective June 1, 2004; May Sp. Sess. P.A. 04-2 repealed provisions enacted by P.A. 04-171, effective May 12, 2004.
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
Cited. 16 CA 379, 386.
Subsec. (a):
Cited. 38 CA 506, 508.
Sec. 46a-70a. Compliance with equal employment requirements by Judicial
Department. The Judicial Department shall comply with the provisions of section 46a-70 and shall, not later than January 15, 1985, submit a report of such compliance to the
General Assembly.
(P.A. 84-435, S. 5, 6.)
History: P.A. 84-435 effective July 1, 1985.
Sec. 46a-71. (Formerly Sec. 4-61d). Discriminatory practices by state agencies
prohibited. (a) All services of every state agency shall be performed without discrimination based upon race, color, religious creed, sex, marital status, age, national origin,
ancestry, mental retardation, mental disability, learning disability or physical disability,
including, but not limited to, blindness.
(b) No state facility may be used in the furtherance of any discrimination, nor may
any state agency become a party to any agreement, arrangement or plan which has the
effect of sanctioning discrimination.
(c) Each state agency shall analyze all of its operations to ascertain possible instances of noncompliance with the policy of sections 46a-70 to 46a-78, inclusive, and
shall initiate comprehensive programs to remedy any defect found to exist.
(d) Every state contract or subcontract for construction on public buildings or for
other public work or for goods and services shall conform to the intent of section 4a-60.
(1969, P.A. 790, S. 2, 3; P.A. 73-279, S. 8; P.A. 78-148, S. 3; P.A. 80-422, S. 19; P.A. 90-330, S. 7, 11; P.A. 01-28, S. 3.)
History: P.A. 73-279 prohibited discrimination based on physical disability including blindness; P.A. 78-148 prohibited
discrimination based on mental retardation; P.A. 80-422 rephrased provisions, created Subsecs. (b) and (c) from provisions
of Subsec. (a), redesignating former Subsec. (b) as (d), and substituted Sec. 4-61k for Sec. 4-61l in Subsec. (c); Sec. 4-61d
transferred to Sec. 46a-71 in 1981 and internal section references changed to reflect their transfer when necessary; P.A.
90-330 amended Subsec. (a) to include discrimination based upon learning disability; P.A. 01-28 amended Subsec. (a) by
adding references to "marital status" and "mental disability".
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
Annotation to former section 4-61d:
Cited. 165 C. 516, 518.
Annotations to present section:
Cited. 236 C. 453, 474, 475.
Cited. 30 CA 463, 464, 469.
Subsec. (a):
Cited. 39 CA 216, 221.
Sec. 46a-72. (Formerly Sec. 4-61e). Discrimination in job placement by state
agencies prohibited. (a) All state agencies, including educational institutions, which
provide employment referrals or placement services to public or private employers,
shall accept job orders on a nondiscriminatory basis.
(b) Any job request indicating an intention to exclude any person because of race,
color, religious creed, sex, marital status, age, national origin, ancestry, mental retardation, mental disability, learning disability or physical disability, including, but not limited to, blindness shall be rejected, unless it is shown by such public or private employers
that such disability prevents performance of the work involved.
(c) All state agencies shall cooperate in programs developed by the Commission
on Human Rights and Opportunities initiated for the purpose of broadening the base
for job recruitment and shall further cooperate with all employers and unions providing
such programs.
(d) The Labor Department shall encourage and enforce employers and labor unions
to comply with the policy of sections 46a-70 to 46a-78, inclusive, and promote equal
employment opportunities.
(1969, P.A. 790, S. 4; P.A. 73-279, S. 9; P.A. 78-148, S. 4; P.A. 79-631, S. 1, 111; P.A. 80-422, S. 20; P.A. 90-330, S.
8, 11; P.A. 01-28, S. 4.)
History: P.A. 73-279 prohibited discrimination based on physical disability including blindness and qualified that
prohibition by adding "unless it is shown ... that such disability prevents performance of the work involved"; P.A. 78-148
prohibited discrimination on basis of mental retardation; P.A. 79-631 replaced Sec. 4-61b with Sec. 4-61c in Subsec. (c);
P.A. 80-422 substituted "nondiscriminatory" for "fair practice" in Subsec. (a), created new Subsec. (b) from provisions
formerly in (a) and relettered former Subsecs. (b) and (c) accordingly, substituting Sec. 4-61k for Sec. 4-61l where occurring;
Sec. 4-61e transferred to Sec. 46a-72 in 1981 and other section numbers referred to in section changed as necessary to
reflect their transfer; P.A. 90-330 amended Subsec. (b) to include reference to learning disabilities; P.A. 01-28 amended
Subsec. (b) by adding references to "marital status" and "mental disability".
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
Cited. 236 C. 453, 474, 475.
Sec. 46a-73. (Formerly Sec. 4-61f). Discrimination in state licensing and charter procedures prohibited. (a) No state department, board or agency may grant, deny
or revoke the license or charter of any person on the grounds of race, color, religious
creed, sex, marital status, age, national origin, ancestry, mental retardation, mental disability, learning disability or physical disability, including, but not limited to, blindness,
unless it is shown by such state department, board or agency that such disability prevents
performance of the work involved.
(b) Each state agency shall take such appropriate action in the exercise of its licensing or regulatory power as will assure equal treatment of all persons and eliminate
discrimination and enforce compliance with the policy of sections 46a-70 to 46a-78,
inclusive.
(1969, P.A. 790, S. 5; P.A. 73-279, S. 10; P.A. 78-148, S. 5; P.A. 79-631, S. 2, 111; P.A. 80-422, S. 21; P.A. 01-28, S. 5.)
History: P.A. 73-279 prohibited discrimination in licensing matters on basis of physical disability including blindness
and qualified prohibition by adding "unless it is shown ... that such disability prevents performance of the work involved";
P.A. 78-148 prohibited discrimination on basis of mental retardation; P.A. 79-631 substituted Sec. 4-61c for Sec. 4-61b;
P.A. 80-422 divided section into Subsecs. and substituted Sec. 4-61k for Sec. 4-61l; Sec. 4-61f transferred to Sec. 46a-73
in 1981 and internal section references changed as necessary to reflect their transfer; P.A. 01-28 amended Subsec. (a) by
adding references to "marital status", "mental disability" and "learning disability".
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".
Annotation to former section 4-61f:
Cited. 165 C. 516, 518.
Sec. 46a-74. (Formerly Sec. 4-61g). State agencies not to permit discriminatory practices in professional or occupational associations, public accommodations
or housing. No state department, board or agency may permit any discriminatory practice in violation of section 46a-59, 46a-64 or 46a-64c.
(1969, P.A. 790, S. 6; P.A. 80-422, S. 22; P.A. 90-246, S. 8.)
History: P.A. 80-422 rephrased section; Sec. 4-61g transferred to Sec. 46a-74 in 1981; P.A. 90-246 deleted reference
to the Public Accommodations Act and substituted reference to Sec. 49a-59, 46a-64 or 46a-64c.
See Sec. 46a-59 prohibiting discrimination in associations of licensed persons.
See Sec. 46a-64 prohibiting discriminatory public accommodation practices.
See Secs. 46a-89, 46a-89a, 46a-90a re injunctive relief and damages in cases involving discriminatory public accommodation practices.
See Sec. 46a-89 re jurisdiction of court and hearings in cases involving discriminatory public accommodation practices.
See Sec. 46a-94 re appeals.
Annotation to former section 4-61g:
Cited. 165 C. 516, 518.
Sec. 46a-75. (Formerly Sec. 4-61h). Discrimination in educational and vocational programs prohibited. (a) All educational, counseling, and vocational guidance
programs and all apprenticeship and on-the-job training programs of state agencies, or
in which state agencies participate, shall be open to all qualified persons, without regard
to race, color, religious creed, sex, marital status, age, national origin, ancestry, mental
retardation, mental disability, learning disability or physical disability, including, but
not limited to, blindness.
(b) Such programs shall be conducted to encourage the fullest development of the
interests, aptitudes, skills, and capacities of all students and trainees, with special attention to the problems of culturally deprived, educationally handicapped, learning disabled, economically disadvantaged, or physically disabled, including, but not limited
to, blind persons.
(c) Expansion of training opportunities under these programs shall be encouraged
so as to involve larger numbers of participants from those segments of the labor force
where the need for upgrading levels of skill is greatest.
(1969, P.A. 790, S. 7; P.A. 73-279, S. 11; P.A. 78-148, S. 6; P.A. 80-422, S. 23; P.A. 90-330, S. 9, 11; P.A. 01-28, S. 6.)
History: P.A. 73-279 prohibited discrimination based on physical disability including blindness; P.A. 78-148 prohibited
discrimination based on mental retardation; P.A. 80-422 divided section into Subsecs. and made slight change in wording
of Subsec. (c); Sec. 4-61h transferred to Sec. 46a-75 in 1981; P.A. 90-330 added references to persons with learning
disabilities in Subsecs. (a) and (b); P.A. 01-28 amended Subsec. (a) by adding references to "marital status" and "mental
disability".
See Sec. 1-1f for definitions of "blind" and "physically disabled".
See Sec. 1-1g for definition of "mental retardation".