Connecticut Seal

General Assembly

 

Raised Bill No. 494

February Session, 2018

 

LCO No. 2599

 

*02599_______GAE*

Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS

 

Introduced by:

 

(GAE)

 

AN ACT REQUIRING STATE CONTRACTORS AND UNIONS TO ADOPT A SEXUAL HARASSMENT POLICY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2018, and applicable to solicitations on and after said date) (a) For the purposes of this section:

(1) "Contractor" means a person or business entity submitting a competitive bid or proposal in response to a solicitation of a state agency;

(2) "State agency" means each state board, commission, department, office, institution, council or other agency with the power to contract for goods or services, itself or through its head;

(3) "Goods or services" includes, but is not limited to, supplies, materials and equipment and contractual services, as such terms are defined in section 4a-50 of the general statutes;

(4) "Public works contract" has the same meaning as provided in section 46a-68b of the general statutes; and

(5) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 of the general statutes.

(b) On and after October 1, 2018, each state agency, when awarding a contract for goods or services or a public works contract, shall state in its notice of solicitation for competitive bids or request for proposals or qualifications for such contract that the contractor shall be required to comply with the provisions of this section. Each contractor responding to a state agency's solicitation of bids for a contract for goods or services or a public works contract shall provide to the state agency a copy of its sexual harassment policy, in accordance with subsection (d) of this section. At a minimum, such policy shall include:

(1) The statutory definition of sexual harassment and examples of different types of sexual harassment;

(2) Notice that sexual harassment is prohibited by the state pursuant to subdivision (8) of subsection (a) of section 46a-60 of the general statutes;

(3) Notice that sexual harassment is prohibited by Title VII of the 1964 Civil Rights Act, as amended from time to time;

(4) The address and telephone number of the Commission on Human Rights and Opportunities;

(5) A statement that Connecticut law requires that a formal written complaint be filed with the commission within one hundred eighty days of the date when the alleged sexual harassment occurred;

(6) A statement concerning the employer's policies and procedures regarding sexual harassment and a statement concerning the disciplinary action that may be taken if sexual harassment has been committed;

(7) A contact person at the place of employment to whom an employee can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment; and

(8) A statement that any retaliation against an individual who has complained about sexual harassment or retaliation against an individual for cooperating with an investigation of a sexual harassment complaint will not be tolerated.

(c) Such policy shall be posted in a prominent and accessible location and on the contractor's Internet web site, if applicable.

(d) When responding to a state agency solicitation for competitive bids or request for proposals or qualifications for a contract for goods or services or a public works contract, the contractor shall provide the awarding state agency with any one of the following:

(1) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that includes, at a minimum, the sexual harassment policy requirements set forth in subsection (b) of this section;

(2) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (A) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (B) the head of the awarding state agency, or a designee, certifies that the prior resolution includes, at a minimum, the sexual harassment policy requirements set forth in subsection (b) of this section; or

(3) Documentation in the form of an affidavit bearing notice that it is signed under penalty of false statement and signed by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor includes, at a minimum, the sexual harassment policy requirements set forth in subsection (b) of this section and is in effect on the date the affidavit is signed.

(e) No state agency shall award a contract for goods or services or a public works contract to a contractor who has not provided the representation or documentation required under subsection (d) of this section. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (1) not later than thirty days after the effective date of such change, or (2) upon the execution of a new contract with the awarding state agency, whichever is earlier. Such contractor shall also certify to the awarding state agency not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the awarding state agency is current and accurate.

(f) Each contractor shall provide two hours of training and education to all supervisory employees within one year of October 1, 2018, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 2018, shall not be required to provide such training and education a second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.

Sec. 2. Subsection (c) of section 4a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to applications made on and after said date):

(c) The application form shall, at a minimum, require the applicant to supply information concerning:

(1) The applicant's form of organization;

(2) The applicant's principals and key personnel and any names under which the applicant, principals or key personnel conducted business during the past five years;

(3) Any legal or administrative proceedings pending or concluded adversely against the applicant or any of the applicant's principals or key personnel within the past five years which relate to the procurement or performance of any public or private construction contract and whether the applicant is aware of any investigation pending against the applicant or any principal or key personnel;

(4) The nature of any financial, personal or familial relationship between the applicant and any public or private construction project owner listed on the application as constituting construction experience;

(5) A statement of whether (A) the applicant has been disqualified pursuant to section 4b-95, this section or section 31-57c or 31-57d, (B) the applicant is disqualified or prohibited from being awarded a contract pursuant to section 31-57b, (C) the applicant has been disqualified by another state, (D) the applicant has been disqualified by a federal agency or pursuant to federal law, (E) the applicant's registration has been suspended or revoked by the Department of Consumer Protection pursuant to section 20-341gg, (F) the applicant has been disqualified by a municipality, and (G) the matters that gave rise to any such disqualification, suspension or revocation have been eliminated or remedied; [and]

(6) A copy of the applicant's sexual harassment policy, in accordance with section 1 of this act; and

[(6)] (7) Other information as the commissioner deems relevant to the determination of the applicant's qualifications and responsibilities.

Sec. 3. (NEW) (Effective October 1, 2018) (a) Each labor organization, as defined in section 46a-51 of the general statutes, shall adopt a sexual harassment policy. Such policy shall be posted in a prominent and accessible location and on the organization's Internet web site, if applicable. At a minimum, such policy shall include:

(1) The statutory definition of sexual harassment and examples of different types of sexual harassment;

(2) Notice that sexual harassment is prohibited by the state pursuant to subdivision (8) of subsection (a) of section 46a-60 of the general statutes;

(3) Notice that sexual harassment is prohibited by Title VII of the 1964 Civil Rights Act, as amended from time to time;

(4) The address and telephone number of the Commission on Human Rights and Opportunities;

(5) A statement that Connecticut law requires that a formal written complaint be filed with the commission within one hundred eighty days of the date when the alleged sexual harassment occurred;

(6) A statement concerning the employer's policies and procedures regarding sexual harassment and a statement concerning the disciplinary action that may be taken if sexual harassment has been committed;

(7) A contact person at the place of employment to whom an employee can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment; and

(8) A statement that any retaliation against an individual who has complained about sexual harassment or retaliation against an individual for cooperating with an investigation of a sexual harassment complaint will not be tolerated.

(b) Each labor organization shall provide two hours of training and education to all supervisory employees within one year of October 1, 2018, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 2018, shall not be required to provide such training and education a second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2018, and applicable to solicitations on and after said date

New section

Sec. 2

October 1, 2018, and applicable to applications made on and after said date

4a-100(c)

Sec. 3

October 1, 2018

New section

Statement of Purpose:

To require state contractors and unions to adopt a sexual harassment policy.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]