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