February Session, 2018
AN ACT PROMOTING A FAIR, CIVIL AND HARASSMENT-FREE WORKPLACE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46a-54 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(a) 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 and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55. One commission legal counsel shall serve as supervising attorney. Each commission legal counsel shall be admitted to practice law in this state;
(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] (i) Post in a prominent and accessible location information concerning the illegality of [sexual] harassment on the basis of any status described in subsection (b) of section 46a-60 or section 46a-81c, which harassment may include, but need not be limited to, sexual harassment, and the remedies available to [victims] the targets of [sexual] such harassment, [; and (B) to require an employer having fifty or more employees to] and (ii) directly communicate such information and remedies to employees on an annual basis;
(B) To require an employer having fifteen or more employees to provide (i) (I) on or before October 1, 2019, two cumulative hours of awareness and antiharassment compliance training and education to all supervisory employees, [within one year of October 1, 1992, and to] and (II) after October 1, 2019, such training and education for all new supervisory employees [within] not later than six months [of] after their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1,  2017, shall not be required to provide such training and education a second time; [.] (ii) (I) on or before October 1, 2019, such training and education to all nonsupervisory employees, and (II) after October 1, 2019, such training and education for all new nonsupervisory employees not later than six months after their date of hire, provided any employer who has provided such training and education to any such employees after October 1, 2017, shall not be required to provide such training and education a second time; and (iii) periodic, supplemental training that updates all supervisory and nonsupervisory employees on the content of such training and education not less than every five years; and
(C) Such training and education shall include, [information concerning] but need not be limited to: (i) Training on the federal and state statutory provisions concerning [sexual] harassment, [and] remedies available to [victims] targets of [sexual] harassment, including sexual harassment, the employer's policy against harassment, examples of the types of conduct that constitute and do not constitute harassment and strategies to prevent harassment, (ii) bystander intervention training, and (iii) a discussion of workplace civility that shall include what is acceptable and expected behavior in the workplace. As used in this subdivision, "sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60, and "employer" includes 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.
(b) If the commission provides any training required under subdivisions (15) and (16) of subsection (a) of this section, such training shall be provided within the available appropriations of the commission.
This act shall take effect as follows and shall amend the following sections:
October 1, 2018
Joint Favorable Subst.