Connecticut Seal

General Assembly

 

Substitute Bill No. 494

    February Session, 2018

 

*_____SB00494GAE___032618____*

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 and requests for proposals or qualifications noticed on or after said date) (a) For the purposes of this section:

(1) "Contractor" means a person or business entity with three or more employees who submits 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 sworn affidavit concerning 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 (b) 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 provides that a formal written complaint may only be filed with the commission within one hundred eighty days of the date when the alleged sexual harassment occurred;

(6) A statement concerning the contractor'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 contractor's 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 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 affidavit required under subsection (d) of this section. After the initial submission of such affidavit, the contractor shall not be required to resubmit such affidavit unless there is a change in the information contained in such affidavit. If there is any change in the information contained in the most recently filed or updated affidavit, the contractor shall submit an updated affidavit, 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 affidavit or updated affidavit, that the affidavit on file with the awarding state agency is current and accurate.

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 or 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) If the applicant has three or more employees, 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 a sexual harassment policy and is in effect on the date the affidavit is signed; 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) Each labor organization, as defined in section 46a-51 of the general statutes, that has three or more employees, 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 (b) 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 provides that a formal written complaint may only be filed with the commission within one hundred eighty days of the date when the alleged sexual harassment occurred;

(6) A statement concerning the organization'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.

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

Section 1

October 1, 2018, and applicable to solicitations and requests for proposals or qualifications noticed on or after said date

New section

Sec. 2

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

4a-100(c)

Sec. 3

October 1, 2018

New section

Statement of Purpose:

In Sections 1 and 2, the effective dates were clarified, in Sections 1(b)(2) and 3(2) "(a)" was changed to "(b)" for accuracy and Sections 1(b)(5) and 3(5) were reworded for clarity.

[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.]

GAE

Joint Favorable Subst.