OLR BILL ANALYSIS
sHB 7133
AN ACT CONCERNING DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION
SUMMARY: This bill prohibits certain kinds of
discrimination against people because of their sexual
orientation, which the bill defines as heterosexual,
homosexual, or bisexual preference. The bill imposes
the same duties, requirements, enforcement mechanisms,
and penalties as currently apply to other classes of
people who have anti-discrimination protection.
The bill prohibits, under specified conditions,
discrimination in employment, housing, places of
public accommodation (e.g., stores, banks, and
restaurants), granting of state contracts or benefits,
extension of credit, issuance of state licenses or
charters, admission to state job programs (vocational,
on-the-job training, apprenticeship, educational, and
counseling), provision of state services, employment-
related activities for state employees, and conveyance
of job requests to state agencies. State agencies must
include in their annual report to the governor
activities they have undertaken to carry out their
anti-discrimination activities. The bill prohibits
professional associations and organizations whose
members are licensed by the state, and people having
contracts with the state, from discriminating on the
basis of sexual orientation.
The bill makes it a crime to deprive anyone of his
rights, privileges, or immunities under the state and
federal constitutions and laws on account of sexual
orientation. Violation of this provision is a class A
misdemeanor punishable by imprisonment for up to one
year, a fine of up to $1,000, or both. The bill
includes specific penalties for discrimination in
housing and public accommodations (imprisonment for up
to 30 days, a fine of $25 to $100, or both) and
discrimination by professional associations whose
members are licensed by the state (a fine of $100 to
$500).
The bill specifies that it does not authorize the use
of numerical goals or quotas or other types of
affirmative action programs to enforce its provisions
and does not authorize the promotion of homosexuality
or bisexuality in educational institutions.
The bill also allows the commissioner of the Department
of Children and Youth Services or a child placing
agency to consider the sexual orientation of
prospective adoptive parents when placing a child in
adoption.
The bill contains a statement that its provisions: (1)
do not mean that the state condones homosexuality or
bisexuality and (2) do not authorize the right of
marriage between people of the same sex. Finally, the
bill exempts religious organizations from its
employment discrimination provisions.
EFFECTIVE DATE: October 1, 1991
FURTHER EXPLANATION
Definitions
The bill defines "sexual orientation" as a preference,
or history of a preference, or being identified with a
preference, for heterosexuality, homosexuality, or
bisexuality. It specifically excludes from this
definition any behavior that is a violation under the
sexual offenses portion of the penal code.
The bill does not define "heterosexuality,"
"homosexuality," or "bisexuality." A general rule of
statutory interpretation is that unless there is a
specific statutory definition to the contrary, words
are to be given their commonly understood meaning.
Webster's New Universal Unabridged Dictionary defines
these terms as follows:
1. Heterosexuality is a sexual desire for, or
relations between, individuals of the opposite
sex.
2. Homosexuality is a sexual desire for, or
relations between, individuals of the same
sex.
3. Bisexuality is sexual attraction to both
sexes.
Employment Discrimination
The bill prohibits the following kinds of
employment-related discrimination based on sexual
orientation:
1. refusing to hire, discharging, or
discriminating against someone in compensation
or terms, conditions, or privileges of
employment unless there is a genuine
occupational qualification;
2. aiding, abetting, inciting, compelling, or
coercing anyone to commit a discriminatory
employment practice, or attempting to do so;
3. employers, employment agencies, or labor
organizations taking adverse action against
someone because he opposed a discriminatory
employment practice, brought a complaint, or
testified or assisted someone else in a
complaint;
4. employers, employment agencies, or labor
organizations advertising an employment
opportunity in such a way as to restrict
employment and thus discriminate;
5. employment agencies refusing to properly
classify or refer for employment; and
6. discriminating against, excluding, or
expelling someone from membership in a labor
organization.
The bill exempts religious organizations from these
employment provisions but only as to their employment
of people to carry out their work.
Housing Discrimination
The bill prohibits housing discrimination based on
sexual orientation and establishes the same
anti-housing discrimination provisions as were created
last year for other protected classes. It makes a
specific list of actions discriminatory practices,
including: (1) refusing to negotiate or sell or rent
after a legitimate offer; (2) discriminating in terms
or conditions of a sale, rental, or provision of
services; (3) denying access to real estate multiple
listing services; (4) placing housing ads indicating a
discriminatory preference; and (5) discriminating in
mortgages, home improvement loans, and real estate
appraisals.
Violation of the housing discrimination provisions is
punishable by a fine of between $25 and $100,
imprisonment for up to 30 days, or both.
The housing discrimination provisions do not apply to
the rental of apartments in homes for four families or
fewer if the owner lives in one of the units, or to
room rentals if the owner lives in the unit.
Public Accommodation Discrimination
The bill prohibits using sexual orientation as the
basis for discriminating, segregating, or separating in
places of public accommodation, resort, or amusement or
denying access to such accommodations. Public
accommodation is defined as any establishment that
caters or offers its services, facilities, or goods to
the general public.
CHRO Enforcement
Anyone who believes he has been discriminated against
can file a complaint with the Commission on Human
Rights and Opportunities (CHRO), which has the same
enforcement powers and duties that it currently has for
other protected categories of people. The commission
must investigate the complaint and hold a hearing if
the practice is not eliminated. If it finds that
discrimination has occurred, it can order that it be
stopped and require the offender to pay damages to the
complainant. The commission's decisions can be
appealed to Superior Court, which can also enforce the
commission's orders.
BACKGROUND
1990 Fair Housing Legislation
The 1990 legislature created a separate fair housing
law (PA 90-246) and made it substantially equivalent to
the Federal Fair Housing Act. In addition to CHRO's
enforcement responsibilities, the law allows a person
to go to court to enforce its provisions. It
specifically prohibits steering, blockbusting, and
other forms of housing discrimination and increases
from $3,000 to $50,000 the maximum damages that a
person who is discriminated against can receive from
the court. It also allows the court to impose a civil
fine of up to $50,000.
COMMITTEE ACTION
Judiciary Committee
Joint Favorable Substitute
Yea 20 Nay 12