Connecticut Seal

General Assembly

Amendment

 

February Session, 2018

LCO No. 4939

   
 

*SB0013204939SRO*

Offered by:

 

SEN. FASANO, 34th Dist.

SEN. WITKOS, 8th Dist.

 

To: Subst. Senate Bill No. 132

File No. 604

Cal. No. 355

"AN ACT COMBATTING SEXUAL HARASSMENT AND SEXUAL ASSAULT."

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Subdivision (15) of section 46a-54 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(15) (A) To require an employer having three or more employees to (i) post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment, and (ii) provide to each employee, not later than three months after the employee's start date with the employer, the link to the commission's Internet web site concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment by electronic mail or text message, if (I) the employer has provided an electronic mail account or cellular mobile telephone to the employee, or (II) the employee has provided the employer with his or her electronic mail address or cellular mobile telephone number, provided if the employer is unable to provide the link by electronic mail or text message, the employer shall provide a written copy of said link to the commission's Internet web site; and (B) to require an employer having [fifty] (i) twenty-five or more employees to provide [two hours of] training and education to all supervisory employees within one year of [October 1, 1992, and to all new supervisory employees within six months of their assumption of a supervisory position] October 1, 2018, provided any employer who has provided such training and education to any such employees after October 1, [1991] 2017, shall not be required to provide such training and education a second time. Any supervisory employee hired by an employer on or after October 1, 2018, shall receive such training and education not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act. In addition to the training provided to supervisory employees, an employer having twenty-five or more employees shall provide training to all other employees concerning the illegality of sexual harassment; or (ii) less than twenty-five employees to provide 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 supervisory employees after October 1, 2017, shall not be required to provide such training and education a second time. Any supervisory employee hired by an employer on or after October 1, 2018, shall receive such training and education not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56, as amended by this act. 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. 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;

Sec. 2. Subsection (a) of section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The commission shall:

(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;

(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;

(3) Investigate and proceed in all cases of discriminatory practices as provided in this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive;

(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;

(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination; [and]

(6) Compile data concerning state contracts with female and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors;

(7) Develop and include on the commission's Internet web site a link concerning the illegality of sexual harassment, as defined in section 46a-60, as amended by this act, and the remedies available to victims of sexual harassment; and

(8) Develop and make available to employers an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (15) of section 46a-54, as amended by this act.

Sec. 3. Subdivision (8) of subsection (b) of section 46a-60 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(8) (A) For an employer, by the employer or the employer's 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 or gender identity or expression. "Sexual harassment" shall, for the purposes of this subdivision, be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when [(A)] (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, [(B)] (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or [(C)] (iii) 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;

(B) Notwithstanding a judge or the commission finding that a demonstrated pattern of sexual harassment has occurred in an employer's workplace, it shall be an affirmative defense to a complaint of sexual harassment, filed in accordance with section 46a-82, that (i) the claim of sexual harassment was properly investigated, immediate corrective action was taken and no act of sexual harassment subsequently occurred against the complainant, (ii) the claim of sexual harassment was not reported to the employer prior to the filing of a complaint with the commission, (iii) an employer has a policy of prohibiting sexual harassment or recently trained its employees on sexual harassment in accordance with subdivision (15) of section 46a-54, as amended by this act, or (iv) the sexual harassment was not severe or pervasive. Such affirmative defenses may be raised in the respondent's written answer to the complaint; and

(C) If an employer takes immediate corrective action in response to an employee's claim of sexual harassment, such corrective action shall not modify the conditions of employment of the employee making the claim of sexual harassment unless (1) such employee agrees, in writing, to any modification in the conditions of employment, or (2) the employer takes such corrective action to mitigate sexual harassment throughout the employer's workplace. Corrective action taken by an employer, may include, but need not be limited to, employee relocation, assigning an employee to a different work schedule or other substantive changes to an employee's terms and conditions of employment;

Sec. 4. Subsection (f) of section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(f) (1) Any complaint filed pursuant to this section [must] shall be filed within one hundred and eighty days after the alleged act of discrimination, except that any complaint by a person (1) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 [must] shall be filed within thirty days of the alleged act of discrimination, and (2) claiming to be aggrieved by a violation of subdivision (8) of subsection (b) of section 46a-60, as amended by this act, that occurred on or after October 1, 2018, shall be filed not later than one year after the date of the alleged act of discrimination.

Sec. 5. Subsection (b) of section 46a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer (1) may order the hiring or reinstatement of any individual, with or without back pay, or restoration to membership in any respondent labor organization, and (2) if there has been a finding of a violation of subdivision (8) of subsection (b) of section 46a-60, as amended by this act, shall (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory practice and reason, and (B) allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be based upon the amount of damages requested by or awarded to the complainant. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency.

Sec. 6. Section 46a-83a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

[If] On or after October 1, 2018, if a complaint is dismissed for failure to accept full relief pursuant to subsection (m) of section 46a-83, and the complainant does not request reconsideration of such dismissal as provided in subsection (h) of section 46a-83, the executive director shall issue a release of jurisdiction and the complainant may, within ninety days of receipt of the release from the commission, bring an action in accordance with sections 46a-100 and 46a-102 to 46a-104, inclusive, as amended by this act, except that if the complaint concerns a violation of subdivision (8) of subsection (b) of section 46a-60, as amended by this act, the complainant may bring such action not later than one year after the date of the release from the commission.

Sec. 7. Section 46a-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) Any employer, employment agency or labor organization which fails to post such notices of statutory provisions as the commission may require pursuant to subsection (13) of section 46a-54, as amended by this act, shall be [subject to a fine of] fined not more than two hundred fifty dollars.

(b) Any person who fails to post such notices of statutory provisions as the commission may require pursuant to subsection (14) of section 46a-54, as amended by this act, shall be fined not more than two hundred fifty dollars.

(c) Any employer who fails to provide information concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment, as the commission may require pursuant to subdivision (15) of section 46a-54, as amended by this act, shall be fined not more than one thousand dollars.

Sec. 8. Subsection (e) of section 46a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(e) Any action brought by the complainant in accordance with section 46a-100 shall be brought not later than ninety days after the date of the receipt of the release from the commission, except that an action brought by the complainant in accordance with section 46a-100, that concerns an alleged violation of subdivision (8) of subsection (b) of section 46a-60, as amended by this act, that occurred on or after October 1, 2018, shall be brought not later than one year after the date of release from the commission.

Sec. 9. Section 46a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

[Any] On and after October 1, 2018, any action brought in accordance with section 46a-100 shall be brought within two years of the date of filing of the complaint with the commission, except that an action [may be brought within six months of October 1, 1991, with respect to an alleged violation provided a complaint concerning such violation has been pending with the commission for more than one year as of October 1, 1991, unless the complaint has been scheduled for a hearing] alleging a violation of subdivision (8) of subsection (b) of section 46a-60, as amended by this act, that occurred on or after October 1, 2018, shall be brought not later than one year after the date of release from the commission, or two years from the date of filing the complaint, whichever is longer.

Sec. 10. Subsection (b) of section 17a-101 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(b) The following persons shall be mandated reporters: (1) Any physician or surgeon licensed under the provisions of chapter 370, (2) any resident physician or intern in any hospital in this state, whether or not so licensed, (3) any registered nurse, (4) any licensed practical nurse, (5) any medical examiner, (6) any dentist, (7) any dental hygienist, (8) any psychologist, (9) any school employee, as defined in section 53a-65, (10) any social worker, (11) any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics and is eighteen years of age or older, (12) any individual who is employed as a coach or director of youth athletics and is eighteen years of age or older, (13) any individual who is employed as a coach or director of a private youth sports organization, league or team and is eighteen years of age or older, (14) any paid administrator, faculty, staff, athletic director, athletic coach or athletic trainer employed by a public or private institution of higher education who is eighteen years of age or older, excluding student employees, (15) any police officer, (16) any juvenile or adult probation officer, (17) any juvenile or adult parole officer, (18) any member of the clergy, (19) any pharmacist, (20) any physical therapist, (21) any optometrist, (22) any chiropractor, (23) any podiatrist, (24) any mental health professional, (25) any physician assistant, (26) any person who is a licensed or certified emergency medical services provider, (27) any person who is a licensed or certified alcohol and drug counselor, (28) any person who is a licensed marital and family therapist, (29) any person who is a sexual assault counselor or a domestic violence counselor, as defined in section 52-146k, (30) any person who is a licensed professional counselor, (31) any person who is a licensed foster parent, (32) any person paid to care for a child in any public or private facility, child care center, group child care home or family child care home licensed by the state, (33) any employee of the Department of Children and Families, (34) any employee of the Department of Public Health, (35) any employee of the Office of Early Childhood who is responsible for the licensing of child care centers, group child care homes, family child care homes or youth camps, (36) any paid youth camp director or assistant director, (37) the Child Advocate and any employee of the Office of the Child Advocate, [and] (38) any family relations counselor, family relations counselor trainee or family services supervisor employed by the Judicial Department, (39) any person who is a licensed behavior analyst or board certified assistant behavior analyst, and (40) any person who is employed by an entity described in subdivisions (7) to (11), inclusive, of subsection (b) of section 19a-77, who is eighteen years of age or older.

Sec. 11. (NEW) (Effective July 1, 2018) (a) As used in this section:

(1) "Administrator" has the same meaning as provided in subsection (a) of section 10-144e of the general statutes;

(2) "Sexual harassment" has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 of the general statutes, as amended by this act; and

(3) "School employee" has the same meaning as provided in subdivision (13) of section 53a-65 of the general statutes.

(b) Upon the filing of a complaint of sexual harassment by a school employee against an administrator, the superintendent of schools shall immediately suspend such administrator and conduct an investigation of the allegations contained in such complaint. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such administrator.

(c) Upon the filing of a complaint of sexual harassment by a school employee or administrator against the superintendent of schools, the local or regional board of education, or in the case of vocational-technical schools, the Commissioner of Education, shall immediately suspend such superintendent and conduct an investigation of the allegations contained in such complaint. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such superintendent of schools.

Sec. 12. (NEW) (Effective October 1, 2018) (a) As used in this section, "employer" has the same meaning as provided in section 31-58 of the general statutes, and "employee" means any individual employed or permitted to work by an employer.

(b) If an employee employed in a bona fide executive, administrative or professional capacity, as defined in the regulations of the federal Fair Labor Standards Act, is absent from his or her employment as a result of a disciplinary suspension for violating a written workplace conduct rule prohibiting harassment or workplace violence, the employer may deduct from the wages of such employee an amount equal to the wages that would have been paid for the number of days such employee is absent.

(c) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to implement the provisions of this section.

Sec. 13. Subsection (d) of section 54-211 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(d) (1) No compensation shall be in an amount in excess of fifteen thousand dollars for personal injury except that: (A) Compensation to or for the benefit of a victim of a violation of section 53a-70 or 53a-70a or the dependents of a homicide victim shall be in an amount not to exceed twenty-five thousand dollars; (B) the claims of the dependents of a deceased victim, as provided in section 54-208, shall be considered derivative of the claim of such victim and the total compensation paid for all claims arising from the death of such victim shall not exceed a maximum of twenty-five thousand dollars; and (C) in cases of emotional harm only, compensation for medical and mental health care shall be in an amount not to exceed five thousand dollars.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may award additional compensation in an amount not to exceed five thousand dollars above the maximum amounts set forth in said subdivision to a personal injury victim, who is a minor at the time the application for compensation or restitution services is filed, when such victim has additional medical needs or mental health counseling needs.

(3) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or a victim compensation commissioner may, for good cause shown and upon a finding of compelling equitable circumstances, award compensation in an amount in excess of the maximum amounts set forth in said subdivision.

Sec. 14. Section 54-193 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):

(a) There shall be no limitation of time within which a person may be prosecuted for (1) a capital felony under the provisions of section 53a-54b in effect prior to April 25, 2012, a class A felony or a violation of section 53a-54d or 53a-169, a class B felony violation of section 53a-70 or 53a-70a, (2) a violation of section 53a-165aa or 53a-166 in which such person renders criminal assistance to another person who has committed an offense set forth in subdivision (1) of this subsection, (3) a violation of section 53a-156 committed during a proceeding that results in the conviction of another person subsequently determined to be actually innocent of the offense or offenses of which such other person was convicted, or (4) a motor vehicle violation or offense that resulted in the death of another person and involved a violation of subsection (a) of section 14-224.

(b) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) of this section, for which the punishment is or may be imprisonment in excess of one year, except within five years next after the offense has been committed.

(c) No person may be prosecuted for any offense, other than an offense set forth in subsection (a) or (b) of this section, except within one year next after the offense has been committed.

(d) If the person against whom an indictment, information or complaint for any of said offenses is brought has fled from and resided out of this state during the period so limited, it may be brought against such person at any time within such period, during which such person resides in this state, after the commission of the offense.

(e) When any suit, indictment, information or complaint for any crime may be brought within any other time than is limited by this section, it shall be brought within such time.

Sec. 15. Section 54-193a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):

Notwithstanding the provisions of section 54-193, as amended by this act, no person may be prosecuted for any offense, except a class A felony or a class B felony violation of section 53a-70 or 53a-70a, involving sexual abuse, sexual exploitation or sexual assault of a minor, except within thirty years from the date the victim attains the age of majority or within five years from the date the victim notifies any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense, whichever is earlier, provided if the prosecution is for a violation of subdivision (1) of subsection (a) of section 53a-71, the victim notified such police officer or state's attorney not later than five years after the commission of the offense.

Sec. 16. Section 54-193b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018):

Notwithstanding the provisions of sections 54-193, as amended by this act, and 54-193a, as amended by this act, there shall be no limitation of time within which a person may be prosecuted for a violation of section [53a-70, 53a-70a,] 53a-70b, 53a-71, 53a-72a or 53a-72b, provided (1) the victim notified any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense not later than five years after the commission of the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA (deoxyribonucleic acid) profile comparison using evidence collected at the time of the commission of the offense."

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

Section 1

October 1, 2018

46a-54(15)

Sec. 2

from passage

46a-56(a)

Sec. 3

October 1, 2018

46a-60(b)(8)

Sec. 4

October 1, 2018

46a-82(f)

Sec. 5

October 1, 2018

46a-86(b)

Sec. 6

October 1, 2018

46a-83a

Sec. 7

October 1, 2018

46a-97

Sec. 8

October 1, 2018

46a-101(e)

Sec. 9

October 1, 2018

46a-102

Sec. 10

October 1, 2018

17a-101(b)

Sec. 11

July 1, 2018

New section

Sec. 12

October 1, 2018

New section

Sec. 13

October 1, 2018

54-211(d)

Sec. 14

October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018

54-193

Sec. 15

October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018

54-193a

Sec. 16

October 1, 2018, and applicable to any offense committed on or after October 1, 2018, and to any offense committed prior to October 1, 2018, for which the statute of limitations in effect at the time of the commission of the offense had not yet expired as of October 1, 2018

54-193b