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.