Substitute Senate Bill No. 80
          Substitute Senate Bill No. 80

              PUBLIC ACT NO. 98-180


AN ACT PROHIBITING  THE USE OF GENETIC INFORMATION
IN EMPLOYMENT DECISIONS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Subsection  (a)  of   section  46a-60  of  the
general statutes is  repealed and the following is
substituted in lieu thereof:
    (a) It shall  be  a discriminatory practice in
violation of this section:
    (1) For an  employer, by himself or his agent,
except in the  case  of  a  bona fide occupational
qualification or need, to refuse to hire or employ
or to bar  or  to  discharge  from  employment any
individual  or  to  discriminate  against  him  in
compensation or in terms, conditions or privileges
of employment because  of  the  individual's race,
color, religious creed,  age, sex, marital status,
national origin, ancestry, present or past history
of mental disorder,  mental  retardation, learning
disability or physical  disability, including, but
not limited to, blindness;
    (2) For any  employment  agency, except in the
case of a  bona fide occupational qualification or
need, to fail  or  refuse  to classify properly or
refer for employment  or otherwise to discriminate
against any individual because of his race, color,
religious  creed,  age,   sex,   marital   status,
national origin, ancestry, present or past history
of mental disorder,  mental  retardation, learning
disability or physical  disability, including, but
not limited to, blindness;
    (3) For a  labor  organization, because of the
race, color, religious  creed,  age,  sex, marital
status, national origin, ancestry, present or past
history of mental  disorder,  mental  retardation,
learning   disability  or   physical   disability,
including, but not  limited  to,  blindness of any
individual to exclude  from full membership rights
or to expel from its membership such individual or
to discriminate in  any  way  against  any  of its
members or against  any employer or any individual
employed by an  employer,  unless  such  action is
based on a bona fide occupational qualification;
    (4)   For   any    person,   employer,   labor
organization or employment  agency  to  discharge,
expel or otherwise discriminate against any person
because   he  has   opposed   any   discriminatory
employment practice or  because  he  has  filed  a
complaint  or  testified   or   assisted   in  any
proceeding under section 46a-82, 46a-83 or 46a-84;
    (5) For any  person, whether an employer or an
employee or not,  to  aid, abet, incite, compel or
coerce the doing  of  any  act  declared  to  be a
discriminatory employment practice  or  to attempt
to do so;
    (6)  For  any   person,  employer,  employment
agency or labor  organization,  except in the case
of a bona fide occupational qualification or need,
to advertise employment  opportunities  in  such a
manner as to  restrict  such  employment  so as to
discriminate against individuals  because of their
race, color, religious  creed,  age,  sex, marital
status, national origin, ancestry, present or past
history of mental  disorder,  mental  retardation,
learning   disability  or   physical   disability,
including, but not limited to, blindness;
    (7) For an  employer, by himself or his agent:
(A) To terminate  a  woman's employment because of
her pregnancy; (B)  to  refuse  to  grant  to that
employee  a  reasonable   leave   of  absence  for
disability resulting from  her  pregnancy;  (C) to
deny to that employee, who is disabled as a result
of pregnancy, any  compensation  to  which  she is
entitled  as  a  result  of  the  accumulation  of
disability or leave  benefits  accrued pursuant to
plans maintained by  the  employer; (D) to fail or
refuse to reinstate  the  employee to her original
job or to  an  equivalent position with equivalent
pay and accumulated  seniority, retirement, fringe
benefits  and  other   service  credits  upon  her
signifying her intent  to  return  unless,  in the
case  of  a   private   employer,  the  employer's
circumstances  have  so  changed  as  to  make  it
impossible or unreasonable  to  do so; (E) to fail
or refuse to  make a reasonable effort to transfer
a  pregnant employee  to  any  suitable  temporary
position which may  be  available  in  any case in
which an employee  gives  written  notice  of  her
pregnancy to her  employer  and  the  employer  or
pregnant   employee   reasonably   believes   that
continued employment in  the  position held by the
pregnant employee may cause injury to the employee
or fetus; (F)  to  fail  or  refuse  to inform the
pregnant  employee that  a  transfer  pursuant  to
subparagraph  (E)  of   this  subdivision  may  be
appealed under the  provisions of this chapter; or
(G) to fail  or refuse to inform his employees, by
any reasonable means,  that they must give written
notice of their  pregnancy in order to be eligible
for transfer to a temporary position;
    (8) For an  employer, by himself or his agent,
for an employment  agency, by itself or its agent,
or for any  labor  organization,  by itself or its
agent,  to harass  any  employee,  person  seeking
employment or member  on the basis of sex. "Sexual
harassment"  shall,  for   the  purposes  of  this
section,  be  defined   as  any  unwelcome  sexual
advances or requests  for  sexual  favors  or  any
conduct of a  sexual nature when (A) submission to
such  conduct  is   made   either   explicitly  or
implicitly a term  or condition of an individual's
employment, (B) submission to or rejection of such
conduct by an  individual is used as the basis for
employment decisions affecting such individual, or
(C) such conduct  has  the  purpose  or  effect of
substantially  interfering  with  an  individual's
work  performance  or  creating  an  intimidating,
hostile or offensive working environment;
    (9) For an  employer, by himself or his agent,
for an employment  agency, by itself or its agent,
or for any  labor  organization,  by itself or its
agent, to request  or  require information from an
employee,  person  seeking  employment  or  member
relating to the  individual's child bearing age or
plans,  pregnancy, function  of  the  individual's
reproductive system, use of birth control methods,
or  the  individual's  familial  responsibilities,
unless such information  is  directly related to a
bona  fide  occupational  qualification  or  need,
provided  an employer,  through  a  physician  may
request  from an  employee  any  such  information
which is directly related to workplace exposure to
substances  which  may   cause  birth  defects  or
constitute   a   hazard    to    an   individual's
reproductive system or  to a fetus if the employer
first informs the employee of the hazards involved
in exposure to such substances;
    (10) For an employer, by himself or his agent,
after   informing   an   employee,   pursuant   to
subdivision (9) of this subsection, of a workplace
exposure  to  substances  which  may  cause  birth
defects or constitute  a  hazard  to an employee's
reproductive system or  to  a  fetus,  to  fail or
refuse,  upon  the  employee's  request,  to  take
reasonable measures to  protect  the employee from
the exposure or  hazard  identified, or to fail or
refuse to inform  the  employee  that the measures
taken may be  the  subject  of  a  complaint filed
under the provisions  of  this chapter. Nothing in
this  subdivision  is   intended  to  prohibit  an
employer  from  taking   reasonable   measures  to
protect  an  employee   from   exposure   to  such
substances. For the  purpose  of this subdivision,
"reasonable  measures"  shall  be  those  measures
which are consistent  with  business necessity and
are least disruptive  of  the terms and conditions
of the employee's employment;
    (11) FOR AN EMPLOYER, BY HIMSELF OR HIS AGENT,
FOR AN EMPLOYMENT  AGENCY, BY ITSELF OR ITS AGENT,
OR FOR ANY  LABOR  ORGANIZATION,  BY ITSELF OR ITS
AGENT:  (A)  TO   REQUEST   OR   REQUIRE   GENETIC
INFORMATION  FROM  AN   EMPLOYEE,  PERSON  SEEKING
EMPLOYMENT OR MEMBER,  OR  (B) TO DISCHARGE, EXPEL
OR OTHERWISE DISCRIMINATE  AGAINST  ANY  PERSON ON
THE BASIS OF  GENETIC INFORMATION. FOR THE PURPOSE
OF THIS SUBDIVISION,  "GENETIC  INFORMATION" MEANS
THE  INFORMATION ABOUT  GENES,  GENE  PRODUCTS  OR
INHERITED CHARACTERISTICS THAT  MAY DERIVE FROM AN
INDIVIDUAL OR A FAMILY MEMBER.

Approved June 4, 1998