Substitute House Bill No. 7133
Substitute House Bill No. 7133
PUBLIC ACT NO. 91-58
AN ACT CONCERNING DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION.
Section 1. (NEW) For the purposes of sections
2 to 19, inclusive, and 36 of this act, "sexual
orientation" means having a preference for
heterosexuality, homosexuality or bisexuality,
having a history of such preference or being
identified with such preference, but excludes any
behavior which constitutes a violation of part VI
of chapter 952 of the general statutes.
Sec. 2. (NEW) (a) It shall be a
discriminatory practice in violation of this
section for any association, board or other
organization the principal purpose of which is the
furtherance of the professional or occupational
interests of its members, whose profession, trade
or occupation requires a state license, to refuse
to accept a person as a member of such
association, board or organization because of such
person's sexual orientation.
(b) Any association, board or other
organization which violates the provisions of this
section shall be fined not less than one hundred
dollars nor more than five hundred dollars.
Sec. 3. (NEW) 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 sexual orientation,
(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 the individual's
sexual orientation, (3) for a labor organization,
because of the sexual orientation 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;
or (4) 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
sexual orientation.
Sec. 4. (NEW) (a) It shall be a
discriminatory practice in violation of this
section: (1) To deny any person within the
jurisdiction of this state full and equal
accommodations in any place of public
accommodation, resort or amusement because of such
person's sexual orientation, subject only to the
conditions and limitations established by law and
applicable alike to all persons; or (2) to
discriminate, segregate or separate on account of
sexual orientation.
(b) Any person who violates any provision of
this section shall be fined not less than
twenty-five nor more than one hundred dollars or
imprisoned not more than thirty days or both.
Sec. 5. (NEW) (a) It shall be a
discriminatory practice in violation of this
section:
(1) To refuse to sell or rent after the making
of a bona fide offer, or to refuse to negotiate
for the sale or rental of, or otherwise make
unavailable or deny, a dwelling to any person
because of sexual orientation.
(2) To discriminate against any person in the
terms, conditions, or privileges of sale or rental
of a dwelling, or in the provision of services or
facilities in connection therewith, because of
sexual orientation.
(3) To make, print or publish, or cause to be
made, printed or published any notice, statement,
or advertisement, with respect to the sale or
rental of a dwelling that indicates any
preference, limitation, or discrimination based on
sexual orientation, or an intention to make any
such preference, limitation or discrimination.
(4) (A) To represent to any person because of
sexual orientation, that any dwelling is not
available for inspection, sale or rental when such
dwelling is in fact so available. (B) It shall be
a violation of this subdivision for any person to
restrict or attempt to restrict the choices of any
buyer or renter to purchase or rent a dwelling (i)
to an area which is substantially populated, even
if less than a majority, by persons of the same
sexual orientation as the buyer or renter, (ii)
while such person is authorized to offer for sale
or rent another dwelling which meets the housing
criteria as expressed by the buyer or renter to
such person and (iii) such other dwelling is in an
area which is not substantially populated by
persons of the same sexual orientation as the
buyer or renter. As used in this subdivision,
"area" means municipality, neighborhood or other
geographic subdivision which may include an
apartment or condominium complex.
(5) For profit, to induce or attempt to
induce any person to sell or rent any dwelling by
representations regarding the entry or prospective
entry into the neighborhood of a person or persons
of a particular sexual orientation.
(6) For any person or other entity engaging in
residential real-estate-related transactions to
discriminate against any person in making
available such a transaction, or in the terms or
conditions of such a transaction, because of
sexual orientation.
(7) To deny any person access to or membership
or participation in any multiple-listing service,
real estate brokers' organization or other
service, organization, or facility relating to
the business of selling or renting dwellings, or
to discriminate against him in the terms or
conditions of such access, membership or
participation, on account of sexual orientation.
(8) To coerce, intimidate, threaten, or
interfere with any person in the exercise or
enjoyment of, or on account of his having
exercised or enjoyed, or on account of his having
aided or encouraged any other person in the
exercise or enjoyment of, any right granted or
protected by this section.
(b) The provisions of this section shall not
apply to (1) the rental of a room or rooms in a
unit in a dwelling if the owner actually maintains
and occupies part of such unit as his residence or
(2) a unit in a dwelling containing not more than
four units if the owner actually maintains and
occupies one of such other units as his residence.
(c) Nothing in this section limits the
applicability of any reasonable state statute or
municipal ordinance restricting the maximum number
of persons permitted to occupy a dwelling.
(d) Nothing in this section prohibits a person
engaged in the business of furnishing appraisals
of real property to take into consideration
factors other than sexual orientation.
(e) Notwithstanding any other provision of
chapter 814c of the general statutes, complaints
alleging a violation of this section shall be
investigated within one hundred days of filing and
a final administrative disposition shall be made
within one year of filing unless it is
impracticable to do so. If the commission on human
rights and opportunities is unable to complete its
investigation or make a final administrative
determination within such time frames, it shall
notify the complainant and the respondent in
writing of the reasons for not doing so.
(f) Any person who violates any provision of
this section shall be fined not less than
twenty-five nor more than one hundred dollars or
imprisoned not more than thirty days, or both.
Sec. 6. (NEW) (a) It shall be a
discriminatory practice in violation of this
section for any creditor to discriminate on the
basis of sexual orientation, against any person
eighteen years of age or over in any credit
transaction.
(b) No liability may be imposed under this
section for an act done or omitted in conformity
with a regulation or declaratory ruling of the
commissioner of banking, the Federal Reserve Board
or any other governmental agency having
jurisdiction under the Equal Credit Opportunity
Act, notwithstanding that after the act or
omission the regulation or declaratory ruling may
be amended, repealed or determined to be invalid
for any reason.
Sec. 7. (NEW) It shall be a discriminatory
practice to violate any of the provisions of
sections 8 to 14, inclusive, of this act.
Sec. 8. (NEW) (a) State officials and
supervisory personnel shall recruit, appoint,
assign, train, evaluate and promote state
personnel on the basis of merit and
qualifications, without regard for sexual
orientation.
(b) All state agencies shall promulgate
written directives to carry out this policy and to
guarantee equal employment opportunities at all
levels of state government. They shall regularly
review their personnel practices to assure
compliance.
(c) All state agencies shall conduct
continuing orientation and training programs with
emphasis on human relations and nondiscriminatory
employment practices.
(d) The commissioner of administrative
services shall insure that the entire examination
process, including qualifications appraisal, is
free from bias.
Sec. 9. (NEW) (a) All services of every
state agency shall be performed without
discrimination based upon sexual orientation.
(b) No state facility may be used in the
furtherance of any discrimination, nor may any
state agency become a party to any agreement,
arrangement or plan which has the effect of
sanctioning discrimination.
(c) Each state agency shall analyze all of its
operations to ascertain possible instances of
noncompliance with the policy of sections 8 to 14,
inclusive, of this act and shall initiate
comprehensive programs to remedy any defect found
to exist.
(d) Every state contract or subcontract for
construction on public buildings or for other
public work or for goods and services shall
conform to the intent of section 16 of this act.
Sec. 10. (NEW) (a) All state agencies,
including educational institutions, which provide
employment referrals or placement services to
public or private employers, shall accept job
orders on a nondiscriminatory basis.
(b) Any job request indicating an intention to
exclude any person because of sexual orientation
shall be rejected.
(c) All state agencies shall cooperate in
programs developed by the commission on human
rights and opportunities initiated for the purpose
of broadening the base for job recruitment and
shall further cooperate with all employers and
unions providing such programs.
(d) The labor department shall encourage and
enforce employers and labor unions to comply with
the policy of sections 8 to 14, inclusive, of this
act and promote equal employment opportunities.
Sec. 11. (NEW) (a) No state department, board
or agency may grant, deny or revoke the license or
charter of any person on the grounds of sexual
orientation.
(b) Each state agency shall take such
appropriate action in the exercise of its
licensing or regulatory power as will assure equal
treatment of all persons and eliminate
discrimination and enforce compliance with the
policy of sections 8 to 14, inclusive, of this
act.
Sec. 12. (NEW) No state department, board or
agency may permit any discriminatory practice in
violation of section 2, 4 or 5 of this act.
Sec. 13. (NEW) All educational, counseling,
and vocational guidance programs and all
apprenticeship and on-the-job training programs of
state agencies, or in which state agencies
participate, shall be open to all qualified
persons, without regard to sexual orientation.
Sec. 14. (NEW) (a) Sexual orientation shall
not be considered as a limiting factor in
state-administered programs involving the
distribution of funds to qualify applicants for
benefits authorized by law.
(b) No state agency may provide grants, loans
or other financial assistance to public agencies,
private institutions or organizations which
discriminate, unless exempted as provided in
section 17 of this act.
Sec. 15. (NEW) (a) All departments, agencies,
commissions and other bodies of the state
government shall include in their annual report to
the governor, activities undertaken in the past
year to effectuate sections 8 to 14, inclusive, of
this act.
(b) Such reports shall cover both internal
activities and external relations with the public
or with other state agencies and shall contain
other information as specifically requested by the
governor.
(c) The information in the annual reports
required under the provisions of this section
shall be reviewed by the commission on human
rights and opportunities for the purpose of
monitoring compliance with the provisions of
sections 8 to 14, inclusive, of this act.
Sec. 16. (NEW) (a) Every contract to which
the state or any political subdivision of the
state other than a municipality is a party shall
contain the following provisions: (1) The
contractor agrees and warrants that in the
performance of the contract such contractor will
not discriminate or permit discrimination against
any person or group of persons on the grounds of
sexual orientation, in any manner prohibited by
the laws of the United States or of the state of
Connecticut, and that employees are treated when
employed without regard to their sexual
orientation; (2) the contractor agrees to provide
each labor union or representative of workers with
which such contractor has a collective bargaining
agreement or other contract or understanding and
each vendor with which such contractor has a
contract or understanding, a notice to be provided
by the commission on human rights and
opportunities advising the labor union or workers'
representative of the contractor's commitments
under this section, and to post copies of the
notice in conspicuous places available to
employees and applicants for employment; (3) the
contractor agrees to comply with each provision of
this section and sections 46a-68e and 46a-68f of
the general statutes and with each regulation or
relevant order issued by said commission pursuant
to sections 46a-56, 46a-68e and 46a-68f of the
general statutes; (4) the contractor agrees to
provide the commission on human rights and
opportunities with such information requested by
the commission, and permit access to pertinent
books, records and accounts, concerning the
employment practices and procedures of the
contractor as relate to the provisions of this
section and section 46a-56 of the general
statutes.
(b) The contractor shall include the
provisions of subsection (a) of this section in
every subcontract or purchase order entered into
in order to fulfill any obligation of a contract
with the state and such provisions shall be
binding on a subcontractor, vendor or manufacturer
unless exempted by regulations or orders of the
commission. The contractor shall take such action
with respect to any such subcontract or purchase
order as the commission may direct as a means of
enforcing such provisions including sanctions for
noncompliance in accordance with section 46a-56 of
the general statutes; provided, if such contractor
becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a
result of such direction by the commission, the
contractor may request the state of Connecticut to
enter into any such litigation or negotiation
prior thereto to protect the interests of the
state and the state may so enter.
Sec. 17. (NEW) The provisions of sections 1
to 16, inclusive, of this act shall not apply to
a religious corporation, entity, association,
educational institution or society with respect to
the employment of individuals to perform work
connected with the carrying on by such
corporation, entity, association, educational
institution or society of its activities, or with
respect to matters of discipline, faith, internal
organization or ecclesiastical rule, custom or law
which are established by such corporation, entity,
association, educational institution or society.
Sec. 18. (NEW) Notwithstanding any provision
of sections 1 to 17, inclusive, of this act, the
commissioner of children and youth services or a
child-placing agency may consider the sexual
orientation of the prospective adoptive or foster
parent or parents when placing a child for
adoption or in foster care, as the case may be.
Nothing in this section shall be deemed to require
the commissioner of children and youth services or
a child-placing agency to place a child for
adoption or in foster care with a prospective
adoptive or foster parent or parents who are
homosexual or bisexual.
Sec. 19. (NEW) The provisions of sections 1
to 16, inclusive, of this act shall not apply to
the conduct and administration of a ROTC program
established and maintained pursuant to 10 U.S.C.
Sections 2101 to 2111, inclusive, as amended
from time to time, and the regulations thereunder,
at an institution of higher education. For
purposes of this section, "ROTC" means the Reserve
Officers' Training Corps.
Sec. 20. Section 46a-51 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter AND SECTIONS 1 TO 16,
INCLUSIVE, OF THIS ACT:
(1) "Blind" refers to an individual whose
central visual acuity does not exceed 20/200 in
the better eye with correcting lenses, or whose
visual acuity is greater than 20/200 but is
accompanied by a limitation in the fields of
vision such that the widest diameter of the visual
field subtends an angle no greater than twenty
degrees;
(2) "Commission" means the commission on human
rights and opportunities created by section
46a-52;
(3) "Commission counsel" means the counsel
employed by the commission pursuant to section
46a-54;
(4) "Commissioner" means a member of the
commission;
(5) "Court" means the superior court or any
judge of said court;
(6) "Discrimination" includes segregation and
separation;
(7) "Discriminatory employment practice" means
any discriminatory practice specified in section
46a-60 OR SECTION 3 OF THIS ACT;
(8) "Discriminatory practice" means a
violation of section 4a-60, 46a-58, 46a-59,
46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, sections
46a-70 to 46a-78, inclusive, [or] subsection (a)
of section 46a-80, OR SECTIONS 2 TO 16, INCLUSIVE,
OF THIS ACT;
(9) "Employee" means any person employed by an
employer but shall not include any individual
employed by his parents, spouse or child, or in
the domestic service of any person;
(10) "Employer" includes the state and all
political subdivisions thereof and means any
person or employer with three or more persons in
his employ;
(11) "Employment agency" means any person
undertaking with or without compensation to
procure employees or opportunities to work;
(12) "Labor organization" means any
organization which exists for the purpose, in
whole or in part, of collective bargaining or of
dealing with employers concerning grievances,
terms or conditions of employment, or of other
mutual aid or protection in connection with
employment;
(13) "Mental retardation" means mental
retardation as defined in section 1-1g;
(14) "Person" means one or more individuals,
partnerships, associations, corporations, legal
representatives, trustees, trustees in bankruptcy,
receivers and the state and all political
subdivisions and agencies thereof;
(15) "Physically disabled" refers to any
individual who has any chronic physical handicap,
infirmity or impairment, whether congenital or
resulting from bodily injury, organic processes or
changes or from illness, including, but not
limited to, epilepsy, deafness or hearing
impairment or reliance on a wheelchair or other
remedial appliance or device;
(16) "Respondent" means any person alleged in
a complaint filed pursuant to section 46a-82 to
have committed a discriminatory practice;
(17) "Discrimination on the basis of sex"
includes but is not limited to discrimination
related to pregnancy, child-bearing capacity,
sterilization, fertility or related medical
conditions;
(18) "Discrimination on the basis of religious
creed" includes but is not limited to
discrimination related to all aspects of religious
observances and practice as well as belief, unless
an employer demonstrates that he is unable to
reasonably accommodate to an employee's or
prospective employee's religious observance or
practice without undue hardship on the conduct of
the employer's business;
(19) "Learning disability" refers to an
individual who exhibits a severe discrepancy
between educational performance and measured
intellectual ability and who exhibits a disorder
in one or more of the basic psychological
processes involved in understanding or in using
language, spoken or written, which may manifest
itself in a diminished ability to listen, speak,
read, write, spell or to do mathematical
calculations.
Sec. 21. Section 46a-54 of the general
statutes is repealed and the following is
substituted in lieu thereof:
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 a commission counsel who shall
not be subject to the provisions of chapter 67;
(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,
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
and hearing officers;
(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 or [section]
46a-64c, OR SECTION 4 OR 5 OF THIS ACT, of such
notices of statutory provisions as it deems
desirable; and
(15) To enter into contracts for and accept
grants of federal funds.
Sec. 22. Section 46a-56 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(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, SECTION 16 OF THIS ACT 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 section 4a-60
AND SECTION 16 OF THIS ACT, 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.
(b) The commission may, when it is deemed in
the best interests of the state, exempt a
contractor from the requirements of complying with
any or all of the provisions of section 4a-60,
46a-68c, 46a-68d or 46a-68e OR SECTION 16 OF THIS
ACT in any specific contract. Exemptions under the
provisions of this section may include, but not be
limited to, the following instances: (1) If the
work is to be or has been performed outside the
state and no recruitment of workers within the
limits of the state is involved; (2) those
involving less than specified amounts of money or
specified numbers of workers; (3) to the extent
that they involve subcontracts below a specified
tier. The commission may also exempt facilities of
a contractor which are in all respects separate
and distinct from activities of the contractor
related to the performance of the contract,
provided such an exemption shall not interfere
with or impede the effectuation of the purposes of
this section and sections 4a-60, 4a-62, 32-9c and
46a-68b to 46a-68k, inclusive, AND SECTION 16 OF
THIS ACT.
(c) If the commission determines through its
complaint procedure that a contractor or
subcontractor is not complying with
antidiscrimination statutes or contract provisions
required under section 4a-60 OR SECTION 16 OF THIS
ACT or the provisions of section 46a-68c, 46a-68d,
46a-68e or 46a-68f, (A) the state shall retain two
per cent of the total contract price per month on
any existing contract with such contractor and (B)
the contractor shall be prohibited from
participation in any further contracts with state
agencies until: (i) The expiration of a period of
two years from the date of the finding of
noncompliance or (ii) the commission determines
that the contractor has adopted policies
consistent with such statutes. The commission
shall make such a determination as to whether the
contractor has adopted such policies within
forty-five days of its determination of
noncompliance. In addition, the commission may do
one or more of the following: (1) Publish or cause
to be published, the names of contractors or
unions which it has found to be in noncompliance
with such provisions; (2) notify the attorney
general that, in cases in which there is
substantial or material violation or the threat of
substantial or material violation of the
contractual provisions set forth in section 4a-60
OR SECTION 16 OF THIS ACT, appropriate proceedings
should be brought to enforce those provisions,
including the enjoining, within the limitations of
applicable law, of organizations, individuals or
groups who prevent directly or indirectly, or seek
to prevent directly or indirectly, compliance with
the provisions of said section 4a-60 OR SECTION 16
OF THIS ACT; (3) recommend to the equal employment
opportunity commission or the department of
justice that appropriate proceedings be instituted
under Title VII of the Civil Rights Act of 1964,
when necessary; (4) recommend to the appropriate
prosecuting authority that criminal proceedings be
brought for the furnishing of false information to
any contracting agency or to the commission as the
case may be; (5) order the contracting agency to
refrain from entering into further contracts, or
extension or other modifications of existing
contracts, with any noncomplying contractor, until
such contractor has satisfied the commission that
such contractor has established and will carry out
personnel and employment policies in compliance
with antidiscrimination statutes and provisions of
section 4a-60 OR SECTION 16 OF THIS ACT and
sections 46a-68c to 46a-68f, inclusive. The
commission shall adopt regulations in accordance
with chapter 54 to implement the provisions of
this section.
(d) If the commission determines through its
complaint procedure and after a hearing held in
accordance with chapter 54 that, with respect to a
state contract, a contractor, subcontractor or
supplier of materials has (1) fraudulently
qualified as a minority business enterprise or (2)
performed services or supplied materials on behalf
of another contractor, subcontractor or supplier
of materials knowing (A) that such other
contractor, subcontractor or supplier has
fraudulently qualified as a minority business
enterprise in order to comply with
antidiscrimination statutes or contract provisions
required under section 4a-60 OR SECTION 16 OF THIS
ACT, and (B) that such services or materials are
to be used in connection with a contract entered
into pursuant to subsection (b) of section 32-9e
it shall assess a civil penalty of not more than
ten thousand dollars upon such contractor,
subcontractor or supplier of materials. The
attorney general, upon complaint of the
commission, shall institute a civil action in the
superior court for the judicial district of
Hartford-New Britain* to recover such penalty. Any
penalties recovered shall be deposited in a
special fund and shall be held by the treasurer
separate and apart from all other moneys, funds
and accounts. The resources in such fund shall,
pursuant to regulations adopted by the commission
in accordance with the provisions of chapter 54,
be used to assist minority business enterprises.
As used in this section, "minority business
enterprise" means any contractor, subcontractor or
supplier of materials fifty-one per cent or more
of the capital stock, if any, or assets of which
is owned by a person or persons: (1) Who are
active in the daily affairs of the enterprise; (2)
who have the power to direct the management and
policies of the enterprise; and (3) who are
members of a minority, as such term is defined in
subsection (a) of section 32-9n.
Sec. 23. Section 46a-63 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter AND SECTION 4 OF THIS
ACT:
(1) "Place of public accommodation, resort or
amusement" means any establishment which caters or
offers its services or facilities or goods to the
general public, including, but not limited to, any
commercial property or building lot, on which it
is intended that a commercial building will be
constructed or offered for sale or rent;
(2) "Deaf person" means a person who cannot
readily understand spoken language through hearing
alone and who may also have a speech defect which
renders his speech unintelligible to most people
with normal hearing;
(3) "Lawful source of income" means income
derived from social security, supplemental
security income, housing assistance, child
support, alimony or public or general assistance.
Sec. 24. Section 46a-64b of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this section, [and] section
46a-64c AND SECTION 5 OF THIS ACT:
(1) "Discriminatory housing practice" means
any discriminatory practice specified in section
46a-64c OR SECTION 5 OF THIS ACT.
(2) "Dwelling" means any building, structure,
mobile manufactured home park or portion thereof
which is occupied as, or designed or intended for
occupancy as, a residence by one or more families,
and any vacant land which is offered for sale or
lease for the construction or location thereon of
any such building, structure, mobile manufactured
home park or portion thereof.
(3) "Fair Housing Act" means Title VIII of the
Civil Rights Act of 1968, as amended by the Fair
Housing Amendments Act of 1988 (42 U.S.C.
3600-3620).
(4) "Family" includes a single individual.
(5) "Familial status" means one or more
individuals who have not attained the age of
eighteen years being domiciled with a parent or
another person having legal custody of such
individual or individuals; or the designee of such
parent or other person having such custody with
the written permission of such parent or other
person; or any person who is pregnant or is in the
process of securing legal custody of any
individual who has not attained the age of
eighteen years.
(6) "Housing for older persons" means housing:
(A) Provided under any state or federal program
that the Secretary of the United States Department
of Housing and Urban Development determines is
specifically designed and operated to assist
elderly persons as defined in the state or federal
program; or (B) intended for, and solely occupied
by, persons sixty-two years of age or older; or
(C) intended and operated for occupancy by at
least one person fifty-five years of age or older
per unit in accordance with the standards set
forth in the federal Fair Housing Act and
regulations developed pursuant thereto by the
Secretary of the United States Department of
Housing and Urban Development.
(7) "Mobile manufactured home park" means a
plot of land upon which two or more mobile
manufactured homes occupied for residential
purposes are located.
(8) "Physical or mental disability" includes,
but is not limited to, mental retardation, as
defined in section 1-1g and physical disability,
as defined in subdivision (15) of section 46a-51
and also includes, but is not limited to, persons
who have a handicap as that term is defined in the
federal Fair Housing Act.
(9) "Residential real estate-related
transaction" means (A) the making or purchasing of
loans or providing other financial assistance for
purchasing, constructing, improving, repairing or
maintaining a dwelling, or secured by residential
real estate; or (B) the selling, brokering or
appraising of residential real property.
(10) "To rent" includes to lease, to
sublease, to let and to otherwise grant for a
consideration the right to occupy premises not
owned by the occupant.
Sec. 25. Section 46a-65 of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this section, [and] sections
46a-66, 46a-67 and 46a-98 AND SECTION 6 OF THIS
ACT:
(1) "Credit" means the right granted by a
creditor to a person to defer payment of debt or
to incur debt and defer its payment, or purchase
property or services and defer payment therefor,
including but not limited to the right to incur
and defer debt which is secured by residential
real property;
(2) "Creditor" means any person who regularly
extends or arranges for the extension of credit
for which the payment of a finance charge or
interest is required whether in connection with
loans, sale of property or services or otherwise;
(3) "Invitation to apply for credit" means any
communication, oral or written, by a creditor
which encourages or prompts an application for
credit;
(4) "Application for credit" means any
communication, oral or written, by a person to a
creditor requesting an extension of credit to that
person or to any other person, and includes any
procedure involving the renewal or alteration of
credit privileges or the changing of the name of
the person to whom credit is extended;
(5) "Extension of credit" means all acts
incident to the evaluation of an application for
credit and the granting of credit;
(6) "Credit sale" means any transaction with
respect to which credit is granted;
(7) "Credit transaction" means any invitation
to apply for credit, application for credit,
extension of credit or credit sale.
Sec. 26. Section 46a-67 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The commissioner of banking shall
cooperate with the commission in its enforcement
of sections 46a-65 to 46a-67, inclusive, SECTION 6
OF THIS ACT and section 46a-98.
(b) The commissioner of banking shall comply
with the commission's request for information,
reasonable investigatory assistance and the
promulgation of regulations which may be required
for the effective administration of sections
46a-65 to 46a-67, inclusive, SECTION 6 OF THIS ACT
and section 46a-98.
Sec. 27. Section 46a-68b of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this section, SECTION 16 OF THIS
ACT and sections 4a-60, 4a-62, 32-9e, 46a-56, and
46a-68c to 46a-68k, inclusive: "Public works
contract" means any agreement between any
individual, firm or corporation and the state or
any political subdivision of the state other than
a municipality for construction, rehabilitation,
conversion, extension, demolition or repair of a
public building, highway or other changes or
improvements in real property, or which is
financed in whole or in part by the state,
including, but not limited to, matching
expenditures, grants, loans, insurance or
guarantees.
Sec. 28. Subsection (d) of section 46a-82 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) Any employer whose employees, or any of
them, refuse or threaten to refuse to comply with
the provisions of section 46a-60 OR SECTION 3 OF
THIS ACT, may file with the commission a written
complaint under oath asking for assistance by
conciliation or other remedial action.
Sec. 29. Subsection (a) of section 46a-83 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Within ten days after the filing of any
discriminatory practice complaint, or an amendment
adding an additional respondent, the commission
shall cause the complaint to be served upon the
respondent together with a notice (1) identifying
the alleged discriminatory practice, and (2)
advising of the procedural rights and obligations
of a respondent under this chapter. The respondent
may file a written answer to the complaint under
oath with the commission within fifteen days of
receipt of the complaint, provided the answer to
any complaint alleging a violation of section
46a-64c OR SECTION 5 OF THIS ACT may be filed
within ten days of receipt. The chairman of the
commission shall refer the same to a commissioner
or investigator to investigate and determine if
there is reasonable cause for believing that a
discriminatory practice has been or is being
committed as alleged in the complaint. The
commission may conduct fact-finding conferences
during the investigatory process for the purpose
of finding facts and promoting the voluntary
resolution of complaints. As used in this section
and section 46a-84, reasonable cause means a bona
fide belief that the material issues of fact are
such that a person of ordinary caution, prudence
and judgment could believe the facts alleged in
the complaint.
Sec. 30. Section 46a-86 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) If, upon all the evidence presented at
the hearing conducted pursuant to section 46a-84,
the presiding officer finds that a respondent has
engaged in any discriminatory practice, the
presiding officer shall state his findings of fact
and shall issue and file with the commission and
cause to be served on the respondent an order
requiring the respondent to cease and desist from
the discriminatory practice and further requiring
the respondent to take such affirmative action as
in the judgment of the presiding officer will
effectuate the purpose of this chapter.
(b) In addition to any other action taken
hereunder, upon a finding of a discriminatory
employment practice, the presiding officer may
order the hiring or reinstatement of employees,
with or without back pay, or restoration to
membership in any respondent labor organization,
provided, liability for back pay shall not accrue
from a date more than two years prior to the
filing or issuance of the complaint and, provided
further, 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 such 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.
(c) In addition to any other action taken
hereunder, upon a finding of a discriminatory
practice prohibited by section 46a-58, 46a-59,
46a-64 or 46a-64c OR SECTION 2, 4 OR 5 OF THIS
ACT, the presiding officer shall determine the
damage suffered by the complainant, which damage
shall include but not be limited to the expense
incurred by the complainant for obtaining
alternate housing or space, storage of goods and
effects, moving costs and other costs actually
incurred by him as a result of such discriminatory
practice and shall allow reasonable attorney's
fees and costs.
(d) In addition to any other action taken
hereunder, upon a finding of a discriminatory
practice prohibited by section 46a-66 OR SECTION 6
OF THIS ACT, the presiding officer shall issue and
file with the commission and cause to be served on
the respondent an order requiring the respondent
to pay the complainant the damages resulting from
the discriminatory practice.
(e) If, upon all the evidence, the presiding
officer finds that the respondent has not engaged
in any alleged discriminatory practice, the
presiding officer shall state his findings of fact
and shall issue and file with the commission and
cause to be served on the respondent an order
dismissing the complaint.
Sec. 31. Section 46a-89 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) Whenever a complaint is filed with or
by the commission pursuant to section 46a-82
alleging a violation of section 46a-60 OR SECTION
3 OF THIS ACT, and a commissioner believes, upon
review and the recommendation of the investigator
assigned, that equitable relief is required to
prevent irreparable harm to the complainant, the
commissioner may bring a petition in equity in the
superior court in the judicial district in which
the discriminatory practice which is the subject
of the complaint occurred or in the judicial
district in which the respondent resides provided
this shall not apply to complaints against
employers with less than fifty employees.
(2) The petition shall seek appropriate
temporary injunctive relief against the respondent
pending final disposition of the complaint
pursuant to the procedures set forth in this
chapter. The injunctive relief may include an
order temporarily restraining the respondent from
doing any act which would render ineffectual any
order a presiding officer may render with respect
to the complaint.
(3) Upon service on the respondent of notice
pursuant to section 46a-89a, the respondent shall
be temporarily restrained from taking any action
which would render ineffectual the temporary
injunctive relief prayed for in the petition,
provided nothing in this section shall be
construed to prevent the respondent from having
any employment duties, enjoined under this section
and section 46a-89a, from being carried out by
another employee and the notice shall so provide.
(b) (1) Whenever a complaint is filed with or
by the commission pursuant to section 46a-82
alleging a violation of section 46a-64 or
[section] 46a-64c OR SECTION 4 OR 5 OF THIS ACT
concerning the sale or rental of a dwelling or
commercial property, and a commissioner believes
upon review and the recommendation of the
investigator assigned, that equitable relief is
required or that the imposition of punitive
damages or a civil penalty would be appropriate,
the commissioner may bring a petition in the
superior court in the judicial district in which
the discriminatory practice which is the subject
of the complaint occurred or in the judicial
district in which the respondent resides.
(2) The petition shall (A) seek appropriate
injunctive relief against the respondent,
including orders or decrees restraining and
enjoining him from selling or renting to anyone
other than the complainant or otherwise making
unavailable to the complainant any dwelling or
commercial property with respect to which the
complaint is made, pending the final determination
of proceedings on such complaint, or (B) seeking
an award of damages based on the remedies
available under subsection (c) of section 46a-86
and an award of punitive damages payable to the
complainant, not to exceed fifty thousand dollars,
or (C) seeking a civil penalty payable to the
state against the respondent to vindicate the
public interest: (i) In an amount not exceeding
ten thousand dollars if the respondent has not
been adjudged to have committed any prior
discriminatory housing practice; (ii) in an amount
not exceeding twenty-five thousand dollars if the
respondent has been adjudged to have committed one
other discriminatory housing practice during the
five-year period prior to the date of the filing
of this complaint; and (iii) in an amount not
exceeding fifty thousand dollars if the respondent
has been adjudged to have committed two or more
discriminatory housing practices during the
seven-year period prior to the date of the filing
of the complaint; except that if the acts
constituting the discriminatory housing practice
that is the object of the complaint are committed
by the same natural person who has been previously
adjudged to have committed acts constituting a
discriminatory housing practice, then the civil
penalties set forth in subparagraphs (ii) and
(iii) may be imposed without regard to the period
of time within which any subsequent discriminatory
housing practice occurred or (D) seeking two or
more of these remedies.
(3) Upon service on the respondent of notice
pursuant to section 46a-89a, the respondent shall
be temporarily restrained from selling or renting
the dwelling or commercial property which is the
subject of the complaint to anyone other than the
complainant until the court or judge has decided
the petition for temporary injunctive relief, and
the notice shall so provide.
(c) The commission shall incorporate in and
make a part of its petition in equity its
complaint against the respondent and its prayers
for relief.
Sec. 32. Section 46a-90a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The chairperson of the commission shall
schedule a date for a hearing pursuant to section
46a-84 to be held within forty-five days of any
temporary injunctive relief or restraining order
issued pursuant to section 46a-89a. Such temporary
injunctive relief or restraining order shall
remain in effect until the presiding officer
renders his decision on the complaint. If the
commission does not conduct its hearing procedure
with reasonable dispatch, the court, on the motion
of the respondent and for good cause shown, shall
remove such temporary injunction and assume
jurisdiction of all civil proceedings arising out
of the complaint and shall set the matter for
hearing on the merits. The presiding officer shall
render his decision within twenty days after the
close of evidence and the filing of briefs.
(b) When the presiding officer finds that the
respondent has engaged in any discriminatory
practice prohibited by section 46a-60, 46a-64 or
46a-64c OR SECTION 3, 4 OR 5 OF THIS ACT and
grants relief on the complaint, which relief
requires that such temporary injunction remain in
effect, the commission chairperson may, through
the procedure outlined in subsection (a) of
section 46a-95, petition the court which granted
the original temporary injunction to make the
injunction permanent.
(c) Upon issuance of a permanent injunction,
the case shall be returned to the commission for
such further action as is authorized by this
chapter.
(d) Any temporary injunction issued under the
provisions of section 46a-89a shall remain in
effect during any appeal under section 46a-94a, or
any enforcement procedure under section 46a-95,
unless removed by the court or a judge thereof.
Sec. 33. Section 46a-98 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) In lieu of, but not in addition to,
filing a complaint with the commission on human
rights and opportunities pursuant to section
46a-82, any person claiming to be aggrieved by a
violation of section 46a-66 OR SECTION 6 OF THIS
ACT may bring an action under this section against
a creditor, as defined in section 46a-65, in the
superior court for the judicial district in which
such aggrieved person resides or in which the
alleged violation took place.
(b) Any such creditor who fails to comply with
any requirement of section 46a-66 OR SECTION 6 OF
THIS ACT or the regulations adopted pursuant to
section 46a-67 shall be liable to an aggrieved
person in an amount equal to the sum of any actual
damages sustained by such person.
(c) Any such creditor who fails to comply with
any requirement of section 46a-66 OR SECTION 6 OF
THIS ACT or the regulations adopted pursuant to
section 46a-67 shall be liable to an aggrieved
person for punitive damages in an amount not
greater than one thousand dollars, as determined
by the court, in addition to any actual damages
provided in subsection (b) of this section.
(d) Any such creditor who fails to comply with
any requirement of section 46a-66 OR SECTION 6 OF
THIS ACT or the regulations adopted pursuant to
section 46a-67 may be liable for punitive damages
in the case of a class action in such amount as
the court may allow, provided the total recovery
of punitive damages shall not exceed the lesser of
five thousand dollars or one per cent of the net
worth of the creditor. In determining the amount
of award in any class action, the court shall
consider, among other relevant factors, the amount
of any actual damages awarded, the frequency and
persistence of failures of compliance by the
creditor, the resources of the creditor, the
number of persons adversely affected, and the
extent to which the creditor's failure of
compliance was intentional.
(e) No action may be brought under this
section except within one year from the date of
the occurrence of the violation.
Sec. 34. Section 46a-98a of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person claiming to be aggrieved by a
violation of section 46a-64c OR SECTION 5 OF THIS
ACT or by a breach of a conciliation agreement
entered into pursuant to this chapter, may bring
an action in the superior court, or the housing
session of said court if appropriate within one
year of the date of the alleged discriminatory
practice or of a breach of a conciliation
agreement entered into pursuant to this chapter.
No action pursuant to this section may be brought
in the superior court regarding the alleged
discriminatory practice after the commission has
obtained a conciliation agreement pursuant to
section 46a-83 or commenced a hearing pursuant to
section 46a-84, except for an action to enforce
the conciliation agreement. The court shall have
the power to grant relief, by injunction or
otherwise, as it deems just and suitable. In
addition to the penalties provided for under
subsection (g) of section 46a-64c OR SUBSECTION
(f) OF SECTION 5 OF THIS ACT, the court may grant
any relief which a hearing officer may grant in a
proceeding under section 46a-86 or which the court
may grant in a proceeding under section 46a-89.
The commission, through its counsel or the
attorney general, may intervene as a matter of
right in any action brought pursuant to this
section.
Sec. 35. Section 46a-99 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person claiming to be aggrieved by a
violation of any provision of sections 46a-70 to
46a-78, inclusive, OR SECTIONS 8 TO 15, INCLUSIVE,
OF THIS ACT may petition the superior court for
appropriate relief and said court shall have the
power to grant such relief, by injunction or
otherwise, as it deems just and suitable.
Sec. 36. (NEW) Nothing in this act shall be
deemed or construed (1) to mean the state of
Connecticut condones homosexuality or bisexuality
or any equivalent lifestyle, (2) to authorize the
promotion of homosexuality or bisexuality in
educational institutions or require the teaching
in educational institutions of homosexuality or
bisexuality as an acceptable lifestyle, (3) to
authorize or permit the use of numerical goals or
quotas, or other types of affirmative action
programs, with respect to homosexuality or
bisexuality in the administration or enforcement
of the provisions of this act, (4) to authorize
the recognition of or the right of marriage
between persons of the same sex, or (5) to
establish sexual orientation as a specific and
separate cultural classification in society.