AN ACT CONCERNING DISCRIMINATION.

The bill explicitly prohibits discrimination on the basis of gender identity or expression in employment, public accommodations, the sale or rental of housing, the granting of credit, and other laws over which the Commission on Human Rights and Opportunities Commission (CHRO) has jurisdiction. It explicitly authorizes people to file discrimination complaints with CHRO, which enforces antidiscrimination laws in these areas. CHRO issued a declaratory ruling in 2000 that the prohibition against sex discrimination in the laws CHRO has jurisdiction over covers discrimination on the basis of gender identity or expression (see BACKGROUND – Declaratory Ruling).

The bill defines “gender identity or expression” as a person's gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's assigned sex at birth. This definition is similar to the one in the declaratory ruling.

The bill also prohibits discrimination on the basis of gender identity or expression in various other contexts beyond the scope of CHRO's declaratory ruling, including urban homesteading, public schools, boards of education, public libraries, electric suppliers, telephone or telecommunication providers, employment codes tribes must adopt to receive state services or funds, and discriminatory boycotts.

The bill makes it a class A misdemeanor to subject someone to the deprivation of rights, privileges, and immunities secured or protected by the state or federal laws or constitutions because of his sexual orientation or his gender identity or expression. This crime is punishable by imprisonment for up to one year, a fine of up to $ 2,000, or both. The bill makes it a class D felony for anyone to do so based on gender identity and expression while wearing a mask, hood, or other device designed to conceal his identity. A class D felony is punishable by imprisonment for up to five years, a fine of up to $ 5,000 or both.

Also, the bill gives CHRO jurisdiction to investigate complaints of discrimination on the basis of sexual orientation and gender identity or expression against students by public schools. It also gives CHRO jurisdiction to investigate this and certain other types of discrimination against private golf country clubs.

The bill explicitly gives CHRO the authority to investigate complaints of discrimination on the basis of gender identity or expression in employment, public accommodations, the sale or rental of property, and the extension of credit. It applies the same rules and procedures and remedies that apply to other types of discrimination complaints, including the right to file a lawsuit if the investigation is not completed within a certain time period.

CHRO's declaratory ruling concluded CHRO had jurisdiction to investigate claims of discrimination on the basis of gender identity or expression under these laws because they are covered under the prohibition against sex discrimination. The ruling also determined that CHRO also has jurisdiction to investigate such claims of discrimination under other laws that CHRO has jurisdiction over (see BACKGROUND).

The bill explicitly gives CHRO the authority to investigate complaints of discrimination on the basis of gender identity or expression under these other laws. It explicitly:

1. subjects any association, board, or other organization whose principal purpose is to further the professional or occupational interests of its members, whose profession, trade, or occupation requires a state license, to a fine of between $ 200 to $ 500 for denying a person membership because of his gender identity or expression;

2. specifies that it is illegal to discriminate against anyone in the employment context because of his gender identity or expression;

3. requires state officials and supervisory personnel to recruit, appoint, assign, train, evaluate, and promote state personnel on the basis of merit and qualifications, without regard for gender identity or expression;

4. requires that state agency services be performed without discrimination based on gender identity or expression;

5. specifies that any state agency that provides employment referrals or placement services to public or private employers, must reject any job request that indicates an intention to exclude anyone based on his gender identity or expression;

6. prohibits state departments, boards, or agencies from granting, denying, or revoking a person's license or charter on the grounds of gender identity or expression;

7. requires 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, to be open to all qualified persons, without regard to gender identity or expression; and

8. prohibits gender identity or expression from being considered as limiting factors in state-administered programs involving the distribution of funds to qualify applicants for benefits authorized by law.

Under current law, it is a discriminatory practice for anyone to subject, or cause to be subjected, any other person to the deprivation of any rights, privileges, or immunities, secured or protected by Connecticut or federal laws or constitutions because of religion, national origin, alienage, color, race, sex, blindness, or physical disability. The bill also makes it a discriminatory practice to do so based on someone's gender identity or expression, or sexual orientation. By doing so, and by prohibiting such discrimination against students in public schools, the bill gives CHRO the authority to investigate claims of discrimination against students on the basis of gender identity or expression or sexual orientation by public schools (see BACKGROUND – Related Case).

The bill also prohibits discrimination on the basis of gender identity or expression in various other contexts beyond the scope of CHRO's declaratory ruling. Specifically, it:

1. requires that every contract to which the state or any political subdivision of the state, other than a municipality, is a party must require the contractor to agree and warrant that in the performance of the contract he will not discriminate or permit discrimination on the grounds of gender identity or expression;

2. requires that contracts transferring urban homesteading property provide, among other things, that in the sale or rental of such property, no person can be discriminated against on the basis of gender identity or expression;

3. requires the Connecticut Finance Housing Authority(CFHA) to require that occupancy of all housing financed or otherwise assisted under CHFA Act be open to all persons regardless of gender identity or expression and that the contractors and subcontractors engaged in constructing or rehabilitating such housing must take affirmative action to provide equal opportunity for employment without discrimination as to gender identity or expression;

4. requires transfers of urban rehabilitation property by legislative bodies be made pursuant to a contract of sale and rehabilitation that provides, among other things, that in the sale or rental of such property people may not be discriminated against because of their gender identity or expression;

5. requires municipalities to take all necessary steps to ensure that occupancy of all housing financed or otherwise assisted pursuant to the Municipal Housing Finance Act be open to all persons regardless of gender identity or expression;

6. requires public schools to give all children an equal opportunity to participate in the activities, programs, and courses of study they offer without discrimination on account of gender identity or expression;

7. prohibits local or regional boards of education from discriminating on the basis of gender identity or expression in the employment or compensation of teachers in public schools;

8. requires, within the limits of authorized expenditures, the policies of the state system of higher education be consistent with the goal of ensuring that no qualified person is denied the opportunity for higher education because of gender identity or expression;

9. prohibits public libraries from discriminating on the basis of gender identity or expression;

10. prohibits electric suppliers from refusing to provide electric generation services to, or refusing to negotiate to provide such services to any customer because of gender identity or expression;

11. prohibits telephone companies or certified telecommunications providers from refusing to provide telecommunications services to, or refusing to negotiate to provide such services to any customer because of gender identity or expression;

12. prohibits anyone from discriminating on the basis of gender identity or expression, in carrying out any civil preparedness or major disaster or emergency assistance function;

13. requires the labor commissioner to formulate work training standards to ensure necessary safeguards for the welfare of apprentices and a full craft experience in any skill, in order to provide equal opportunities to all, without regard to their gender identity or expression;

14. requires that the Employment Rights Code tribes must, in order to receive state services or funds, adopt a provision that a commercial enterprise subject to tribal jurisdiction may not, except in the case of a bona fide occupational qualification or need, refuse to hire or employ or bar or discharge from employment any individual or discriminate against him in compensation or in terms, conditions, or privileges of employment because of the individual's gender identity or expression;

15. requires the Lower Fairfield County Conference Exhibition Authority to adopt procedures for contractors and subcontractors engaged in the construction of the project that requires them to take affirmative action to provide equal opportunity for employment without discrimination based on gender identity or expression;

16. requires that applicants for financial assistance from a regional corporation certify that they will not discriminate against any employee or any applicant for employment because of gender identity or expression (a regional corporation provides financial assistance to businesses for projects that demonstrate a substantial likelihood of providing increases in net new permanent jobs or retaining jobs in businesses that need such financial assistance to remain viable);

17. prohibits auto insurance companies from declining, canceling, or refusing to renew an auto insurance policy solely on the basis of gender identity or expression; and

18. prohibits golf country clubs from denying membership on the basis of gender identity or expression, and requires that all classes of membership be available without regard to gender identity or expression, and gives CHRO jurisdiction to take discrimination complaints on this basis of race, religion, color, national origin, ancestry, sex, marital status, or sexual orientation.

The bill declares that it is against the policy of the state of Connecticut to oppose restraints of trade and unfair trade practices in the form of discriminatory boycotts fostered or imposed by foreign persons, foreign governments, or international organizations against any domestic individual on the basis of gender identity or expression.

The bill defines “participating in a discriminatory boycott” to include entering into or performing any agreement, understanding, or contractual arrangement for economic benefit by any person with any foreign government, foreign person, or international organization, not specifically authorized by federal law, and required or imposed to restrict, condition, prohibit, or interfere with any business relationship in Connecticut on the basis of a domestic gender identity or expression.

On January 31, 2000, CHRO received a petition seeking a ruling that the statutory prohibitions against discrimination on the basis of sex encompass discrimination based upon a person's apparent gender, specifically discrimination against transsexual individuals. The request asked that CHRO find such prohibitions in CGS §§ 46a-60(a)(1) (employment discrimination), 46a-64(a)(1) (public accommodations), 46a-64c(a)(1) (housing discrimination) and 46a-66(a) (credit discrimination).

In response to the request, CHRO issued a declaratory ruling on November 9, 2000 that transsexuals, as defined in the ruling, are covered by these statutes. It also stated in footnote 13 of the ruling that the ruling should be understood to apply uniformly to all other sex discrimination laws over which CHRO has jurisdiction.

In a case decided before CHRO issued its declaratory ruling, a Superior Court judge ruled that Connecticut's prohibition against harassment on the basis of sex did not extend to transsexuals (Conway v. City of Hartford, 1997 WL 78585 *7, No. CV-95-0553003, J. D. of Hartford-New Britain at Hartford (February 4, 1997)(Hale, J. R. )). In its declaratory ruling, CHRO noted that although it normally looks to Superior Court decisions for guidance in interpreting the laws it enforces, especially in the absence of any other state precedent, it is not required to do so. In it's ruling, CHRO also noted that Conway recognizes that transsexuals may properly pursue claims of discrimination based on mental disorder. But CHRO declined to issue a ruling on that issue in its declaratory ruling.

In another case, the state Supreme Court held that CHRO has jurisdiction to investigate claims of racial discrimination filed by students against a public school because CGS § 46a-58 prohibits racial discrimination, and CGS § 10-15c makes public schools open to all students without discrimination on the basis of race (Commission on Human Rights and Opportunities v. Board of Education, 270 Conn. 665 (2004)).