STATE OF CONNECTICUT
Substitute Bill No. 7133 Page 1
LCO No.
General Assembly
January Session, A.D., 1991
AN ACT CONCERNING DISCRIMINATION ON THE BASIS OF SEXUAL
ORIENTATION.
Be it enacted by the Senate and House of Representatives in
General Assembly convened:
Section 1. (NEW) For the purposes of sections 2 to 19,
inclusive, 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 person to subject, or cause to
be subjected, any other person to the deprivation of any rights,
privileges or immunities, secured or protected by the
constitution or laws of this state or of the United States, on
account of sexual orientation.
(b) Any person who violates any provision of this section
shall be guilty of a class A misdemeanor.
Sec. 3. (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. 4. (NEW) (a) 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, or
(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; and
(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.
(b) The provisions of this section shall not apply to a
religious corporation, association, educational institution or
society with respect to the employment of individuals to perform
work connected with the carrying on by such corporation,
association, educational institution or society of its
activities.
Sec. 5. (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. 6. (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. 7. (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. 8. (NEW) It shall be a discriminatory practice to
violate any of the provisions of sections 9 to 15, inclusive, of
this act.
Sec. 9. (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.
(e) Appointing authorities shall exercise care to insure
utilization of minority group persons.
Sec. 10. (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 9 to 15, 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 17 of this act.
Sec. 11. (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
9 to 15, inclusive, of this act and promote equal employment
opportunities.
Sec. 12. (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 9 to 15,
inclusive, of this act.
Sec. 13. (NEW) No state department, board or agency may
permit any discriminatory practice in violation of section 3, 5
or 6 of this act.
Sec. 14. (NEW) (a) 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.
(b) Such programs shall be conducted to encourage the fullest
development of the interests, aptitudes, skills, and capacities
of all students and trainees, with special attention to the
problems of culturally deprived, educationally handicapped,
learning disabled, economically disadvantaged, or physically
disabled, including, but not limited to, blind persons.
(c) Expansion of training opportunities under these programs
shall be encouraged so as to involve larger numbers of
participants from those segments of the labor force where the
need for upgrading levels of skill is greatest.
Sec. 15. (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
subsection (b) of section 4 of this act.
Sec. 16. (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 9 to 15, 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 9 to 15, inclusive, of
this act.
Sec. 17. (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 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. 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 parent or parents when
placing a child for adoption.
Sec. 19. (NEW) Nothing in sections 1 to 18, inclusive, of
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, (3) to
authorize or permit the use of numerical goals or quotas, or
other types of affirmative action programs, in the
administration or enforcement of the provisions of sections 1 to
18, inclusive, of this act, or (4) to authorize the recognition
of or the right of marriage between persons of the same sex.
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 19, 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 4
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 17, 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 5 OR 6 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 17 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 17 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 17 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 17 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 17 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 17 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 17 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 17 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 17 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 5 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 6
OF THIS ACT:
(1) "Discriminatory housing practice" means any
discriminatory practice specified in section 46a-64c OR SECTION 6
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 7 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 7 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 7 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 17 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 4 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 6 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, 3, 5 OR 6 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 7 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 4 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 5 OR 6 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 4, 5 OR 6 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 7 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 7 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 7 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 7 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 6 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 6 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 9
TO 16, 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. [
Committee Vote: Yea 20 Nay 12