Sec. 46a-51. (Formerly Sec. 31-122). Definitions.
Sec. 46a-56. Commission duties.
Sec. 46a-81a. Sexual orientation discrimination: Definitions.
Sec. 46a-81e. Sexual orientation discrimination: Housing.
Sec. 46a-81p. Sexual orientation discrimination: Religious organizations.
Sec. 46a-81q. Sexual orientation discrimination: ROTC programs.
Sec. 46a-82. (Formerly Sec. 31-127). Complaint: Filing.
Sec. 46a-86. Complaint: Determination; orders; dismissal. Treatment of discrimination awards.
Sec. 46a-51. (Formerly Sec. 31-122). Definitions. As used in section 4a-60a and this chapter:
(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 legal counsel” means a member of the legal staff 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 subsection (b), (d), (e) or (f) of section 31-51i or section 46a-60 or 46a-81c;
(8) “Discriminatory practice” means a violation of section 4a-60, 4a-60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66, 46a-68, 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80 or sections 46a-81b to 46a-81o, inclusive, and sections 46a-80b to 46a-80e, inclusive, and sections 46a-80k to 46a-80m, inclusive;
(9) “Employee” means any person employed by an employer but shall not include any individual employed by such individual's parents, spouse or child. “Employee” includes any elected or appointed official of a municipality, board, commission, counsel or other governmental body;
(10) “Employer” includes the state and all political subdivisions thereof and means any person or employer with one or more persons in such person's or employer's 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) “Intellectual disability” means intellectual disability as defined in section 1-1g;
(14) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, 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 being hard of hearing 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 the employer 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;
(20) “Mental disability” refers to an individual who has a record of, or is regarded as having one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders”; and
(21) “Gender identity or expression” means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose;
(22) “Veteran” means veteran as defined in subsection (a) of section 27-103;
(23) “Race” is inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles;
(24) “Protective hairstyles” includes, but is not limited to, wigs, headwraps and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs;
(25) “Domestic violence” has the same meaning as provided in subsection (b) of section 46b-1; and
(26) “Sexual orientation” means a person's identity in relation to the gender or genders to which they are romantically, emotionally or sexually attracted, inclusive of any identity that a person (A) may have previously expressed, or (B) is perceived by another person to hold.
(1949 Rev., S. 7401; 1959, P.A. 145, S. 1; 1967, P.A. 253; 636, S. 5, 6; P.A. 75-350, S. 1; P.A. 76-96, S. 1, 2; P.A. 77-452, S. 61, 72; P.A. 80-422, S. 1; 80-449, S. 3, 6; P.A. 81-81, S. 3; 81-382, S. 1; P.A. 82-51, S. 2; P.A. 83-587, S. 56, 96; P.A. 84-204; P.A. 88-303, S. 4; P.A. 90-246, S. 1; 90-330, S. 2, 11; P.A. 91-58, S. 20; P.A. 95-79, S. 167, 189; P.A. 01-28, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 189; P.A. 07-142, S. 1; P.A. 11-55, S. 1; 11-129, S. 20; P.A. 15-56, S. 2; 15-249, S. 1; P.A. 17-127, S. 1; 17-202, S. 96; P.A. 19-16, S. 2; 19-93, S. 1; P.A. 21-2, S. 1; 21-32, S. 10; P.A. 22-82, S. 7; P.A. 23-145, S. 2.)
History: 1959 act added Subdiv. (k) defining age; 1967 acts redefined “employer” as one with three or more rather than five or more employees and redefined “commission” and “commissioner” to change commission name from commission on civil rights to commission on human rights and opportunities; P.A. 75-350 deleted definition of “age”, i.e. as “any age between forty and sixty-five, inclusive”; P.A. 76-96 redefined “court” as court of common pleas rather than superior court; P.A. 77-452 redefined “court” as superior court; P.A. 80-422 deleted definition of “unfair employment practice”, defined “blind”, “commission counsel”, “discriminatory employment practice”, “discriminatory practice”, “mental retardation” and “respondent”, replaced alphabetic Subdiv. indicators with numeric indicators and arranged definitions in alphabetical order; P.A. 80-449 made no substantive change; Sec. 31-122 transferred to Sec. 46a-51 in 1981; P.A. 81-81 amended Subdiv. (8) by adding reference to “section 47a-2a” which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 81-382 added Subdiv. (17) defining “discrimination on the basis of sex”; P.A. 82-51 redefined “mental retardation” to adopt the definition of Sec. 1-1g of the general statutes; P.A. 83-587 substituted “46a-54” for “46-54” in Subdiv. (3); P.A. 84-204 added Subdiv. (18) defining “discrimination on the basis of religious creed”; P.A. 88-303 redefined “discriminatory practice” to include a violation of Sec. 4-114a; P.A. 90-246 amended Subdiv. (8) by deleting reference to repealed Sec. 46a-64a and adding reference to Sec. 46a-64c; P.A. 90-330 added definition of “learning disability”; P.A. 91-58 added reference in introductory clause to Sec. 4a-60a and proposed to add reference to Secs. 46a-81a to 46a-81o, inclusive, but said Secs. already included in existing reference to “this chapter”, amended definition of “discriminatory employment practice” to add reference to Sec. 46a-81c, and amended definition of “discriminatory practice” to include a violation of Sec. 4a-60a and Secs. 46a-81b to 46a-81o, inclusive; P.A. 95-79 redefined “person” to include limited liability companies, effective May 31, 1995; P.A. 01-28 added Subdiv. (20) defining “mental disability” and made technical changes for the purpose of gender neutrality in Subdivs. (9), (10) and (18); June 30 Sp. Sess. P.A. 03-6 replaced “commission counsel” with “commission legal counsel” as the defined term and replaced “the counsel employed by the commission pursuant to section 46a-54” with “a member of the legal staff employed by the commission pursuant to section 46a-54” as the definition of said term, effective August 20, 2003; P.A. 07-142 amended Subdiv. (8) by adding reference to Sec. 4a-60g and Secs. 46a-68c to 46a-68f, inclusive, and making technical changes, effective July 1, 2007; P.A. 11-55 added Subdiv. (21) defining “gender identity or expression”; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subdiv. (13); P.A. 15-56 amended Subdiv. (8) by adding reference to Sec. 31-40y in definition of “discriminatory practice”; P.A. 15-249 amended Subdiv. (9) by deleting reference to individuals employed in domestic service of any person in definition of “employee”, effective January 1, 2016; P.A. 17-127 added Subdiv. (22) defining “veteran”; P.A. 17-202 amended Subdiv. (15) by replacing “hearing impairment” with “being hard of hearing” in definition of “physically disabled”; P.A. 19-16 amended Subdiv. (8) by redefining “discriminatory practice”; P.A. 19-93 amended Subdiv. (8) by redefining “discriminatory practice”; P.A. 21-2 added Subdiv. (23) defining “race” and Subdiv.(24) defining “protective hairstyle, effective March 4, 2021; P.A. 21-32 amended Subdiv. (7) to add reference to Secs. 31-51i(b) and (d) to (f) in definition of “discriminatory employment” and amended Subdiv. (8) to add reference to Secs. 31-51i(b) and (d) to (f), 46a-80b to 46a-80e and 46a-80k to 46a-80m in definition of “discriminatory practice”, effective January 1, 2023; P.A. 22-82 redefined “employee” and “employer” in Subdivs. (9) and (10), added Subdiv. (25) defining “domestic violence” and made technical changes; P.A. 23-145 added Subdiv. (26) defining “sexual orientation” and made technical changes, effective July 1, 2023.
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Sec. 46a-56. Commission duties. (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 under this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, provided, the commission, whenever it has reason to believe that a person who is a party to a discriminatory practice case has engaged or is engaged in conduct that constitutes a violation of part VI, of chapter 952, may refer such matter to the Office of the Chief State's Attorney and said office shall conduct a further investigation as deemed necessary;
(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 sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination;
(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;
(7) Develop and include on the commission's Internet web site a link concerning the illegality of sexual harassment, as defined in section 46a-60, and the remedies available to victims of sexual harassment;
(8) Develop and make available at no cost to employers an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (15) of section 46a-54;
(9) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and include on the commission's Internet web site a link concerning domestic violence and the resources available to victims of domestic violence; and
(10) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and make available at no cost to each state agency an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (19) of section 46a-54.
(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, 4a-60a, 46a-68c, 46a-68d or 46a-68e 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-60a, 4a-60g and 46a-68b to 46a-68k, inclusive.
(c) If the commission determines through its monitoring and compliance procedures that a contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a human rights referee appointed by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, the presiding officer shall order such relief as is necessary to achieve full compliance with any antidiscrimination statute and required contract provisions. The presiding officer may: (1) (A) In the case of a state contract, order the state to retain two per cent of the total contract price per month on any existing contract with such contractor that the state withheld pursuant to section 46a-68d and transfer the funds to the State Treasurer for deposit in the special fund described in subsection (e) of this section, or (B) in the case of a municipal public works or quasi-public agency contract, order the municipality or entity to retain two per cent of the total contract price per month on any existing contract with such contractor; (2) prohibit the contractor from participation in any further contracts with state agencies or any further municipal public works contracts or quasi-public agency project contracts, as applicable until: (A) The expiration of a period of two years from the date of the finding of noncompliance, or (B) the presiding officer determines that the contractor has adopted policies consistent with such statutes, provided the presiding officer shall make such determination not later than forty-five days after such finding of noncompliance; (3) publish, or cause to be published, the names of contractors or unions that the presiding officer has found to be in noncompliance with such provisions; (4) notify the Attorney General that, in cases in which there is substantial violation or the threat of substantial violation of section 4a-60 or 4a-60a, appropriate proceedings should be brought to enforce such provisions, including the enjoining of organizations, individuals or groups that prevent, or seek to prevent, compliance with section 4a-60 or 4a-60a; (5) 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 or related laws when necessary; (6) recommend to the appropriate prosecuting authority that criminal proceedings be brought for the furnishing of false information to any awarding agency or to the commission; (7) order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, not later than a period of thirty days after the issuance of such order or, for good cause shown, within an additional period of thirty days, and, if such contractor fails to bring itself into such compliance within such time period and such noncompliance is substantial or there is a pattern of noncompliance, recommend to the awarding agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies or, in the case of a municipal public works or quasi-public agency project contract, recommend the municipality or entity to make such a declaration and pursue all available remedies; (8) order the awarding agency or, in the case of a municipal public works or quasi-public agency project contract, the municipality or entity, to refrain from entering into further contracts, or extensions 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 section 4a-60 or 4a-60a and sections 46a-68c to 46a-68f, inclusive; or (9) order two or more remedies or other relief designed to achieve full compliance with antidiscrimination statutes and required contract provisions. The commission shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.
(d) If the commission determines, through its monitoring and compliance procedures, that, with respect to a state contract, municipal public works contract or quasi-public agency project contract, a contractor, subcontractor, service provider 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, service provider or supplier of materials knowing (A) that such other contractor, subcontractor, service provider or supplier has fraudulently qualified as a minority business enterprise in order to appear to comply with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a, and (B) that such services or materials are to be used in connection with a contract entered into pursuant to subsection (b) of section 4a-60g, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a referee assigned by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding that a contractor, subcontractor, service provider or supplier of materials has violated this subsection, the presiding officer shall assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor, service provider or supplier of materials.
(e) The Attorney General, upon complaint of the commission, shall institute a civil action in the superior court for the judicial district of Hartford to recover any penalty assessed pursuant to subsection (d) of this section. Any penalties recovered pursuant to this subsection shall be deposited in a special fund and shall be held by the State 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 defined in subsection (a) of section 32-9n.
(P.A. 80-422, S. 5; P.A. 83-569, S. 10, 17; P.A. 88-230, S. 1, 12; 88-303, S. 5; 88-351, S. 7, 16; 88-364, S. 94, 123; P.A. 89-253, S. 5, 7; P.A. 90-98, S. 1, 2; P.A. 91-58, S. 22; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 07-142, S. 2; June Sp. Sess. P.A. 15-5, S. 71; P.A. 19-16, S. 3; P.A. 22-82, S. 9; P.A. 23-204, S. 243; 23-205, S. 192.)
History: P.A. 83-569 amended prior provisions to require the commission to monitor state contracts and added Subsec. (b) to prohibit contractors who fail to comply with antidiscrimination statutes from entering into state contracts; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-303 added new subsection requiring the commission to assess a penalty against certain contractors, subcontractors or suppliers of materials; P.A. 88-351 amended duties of commission in Subsec. (a) to include investigation of noncompliance with Sec. 4-114a and compilation of data re state contracts with female and minority business enterprises and submission of annual report, inserted new Subsec. (b) re exemption of contractor from certain affirmative action requirements in certain contracts and added provisions in former Subsec. (b), now Subsec. (c), re retention of 2% of contract price per month, prohibition from participation in further contracts and additional sanctions by commission for noncompliance; P.A. 88-364 amended Subsec. (c) by substituting “commission” for “commissioner” and deleting “subject to the recommendations and approval of the commission”; P.A. 89-253 changed reference to Sec. 4-114a to Sec. 4a-60 throughout section and in Subsec. (b) changed reference to Sec. 4-114c to Sec. 4a-62 and deleted provision re applicability of said sections in absence of exemption; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-58 added references to Sec. 4a-60a throughout section; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; (Revisor's note: In 1995 the Revisors made an editorial correction at the end of Subsec. (b) substituting “32-9e” for “32-9c”, thereby correcting a longstanding clerical error in the codification of P.A. 88-351, S. 7); P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 07-142 amended Subsec. (c) to revise procedures for issuance and hearing of complaints against contractors and subcontractors, add provision re ordering contractor to bring itself into compliance with antidiscrimination statutes, required contract provisions or Secs. 46a-68c to 46a-68f, inclusive, and make technical changes and amended Subsec. (d) to make conforming and technical changes, effective July 1, 2007; June Sp. Sess. P.A. 15-5 amended Subsec. (c) by deleting reference to hearing officer, by adding reference to chief referee, by adding provision re presiding officer to order relief as necessary to achieve compliance with statute and contract provisions, by designating existing provision as Subpara. (A) and amending same by adding reference to Sec. 46a-68d and provision re transferring of funds for deposit in the special fund and adding Subpara. (B) re municipal public works and quasi-public agency contracts in Subdiv. (1), by adding reference to municipal public works and quasi-public agency contracts in Subdiv. (2), by deleting “material”, “the contractual provisions set forth in”, “within the limitations of applicable law” and references to directly or indirectly in Subdiv. (4), by adding “or related laws” in Subdiv. (5), by changing “contracting agency” to “awarding agency” in Subdivs. (6) to (8) and further amending Subdivs. (7) and (8) by adding reference to municipal public works and quasi-public agency project contracts and by adding Subdiv. (9) re ordering more remedies or other relief, amended Subsec. (d) by deleting “and after a complaint is filed and a hearing is held pursuant to subsection (c) of this section” and by adding references to municipal public works, quasi-public agency project contracts and service provider, by replacing reference to hearing officer or human rights referee with reference to commission issuing a complaint and by adding provisions re hearing to be held on a complaint and by designating existing provisions re civil action by Attorney General as Subsec. (e), and made technical changes; P.A. 19-16 amended Subsec. (a) by adding Subdiv. (7) re developing and including on commission's Internet web site a link concerning illegality of sexual harassment and remedies available, adding Subdiv. (8) re commission developing and making available at no cost to employers' an online training and education video or other interactive method of training and education, and by making technical changes, effective July 1, 2019; P.A. 22-82 amended Subsec. (a) by adding Subdiv. (9) re developing and including on commission's Internet web site a link concerning domestic violence and resources available to victims of domestic violence, by adding Subdiv. (10) re developing and making available at no cost to each state agency an online training and education video concerning domestic violence and by making technical changes; P.A. 23-204 amended Subsec. (b) by deleting reference to Sec. 4a-62, effective July 1, 2023; P.A. 23-205 amended Subsec. (a)(3) by adding provision re commission's responsibility to refer a matter to Office of the Chief State's Attorney when commission has reasonable belief that a party to a discriminatory practice case has engaged in conduct that constitutes a violation of part VI of Ch. 952 and made a technical change, effective July 1, 2023.
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Sec. 46a-58. (Formerly Sec. 53-34). Deprivation of rights. Desecration of property. Placing of burning cross or noose on property. Penalty. Restitution. (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 religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran or status as a victim of domestic violence.
(b) Any person who intentionally desecrates any public property, monument or structure, or any religious object, symbol or house of religious worship, or any cemetery, or any private structure not owned by such person, shall be in violation of subsection (a) of this section. For the purposes of this subsection, “desecrate” means to mar, deface or damage as a demonstration of irreverence or contempt.
(c) Any person who places a burning cross or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person or group of persons, shall be in violation of subsection (a) of this section.
(d) Any person who places a noose or a simulation thereof on any public property, or on any private property without the written consent of the owner, and with intent to intimidate or harass any other person on account of religion, national origin, alienage, color, race, sex, gender identity or expression, sexual orientation, blindness, mental disability, physical disability, age, status as a veteran or status as a victim of domestic violence, shall be in violation of subsection (a) of this section.
(e) (1) Except as provided in subdivision (2) of this subsection, any person who violates any provision of this section shall be guilty of a class A misdemeanor and shall be fined not less than one thousand dollars, except that if property is damaged as a consequence of such violation in an amount in excess of one thousand dollars, such person shall be guilty of a class D felony and shall be fined not less than one thousand dollars.
(2) Any person who violates the provisions of this section by intentionally desecrating a house of religious worship (A) shall be guilty of a class D felony and shall be fined not less than one thousand dollars if property is damaged as a consequence of such violation in an amount up to and including ten thousand dollars, and (B) shall be guilty of a class C felony and shall be fined not less than three thousand dollars if the property damaged as a consequence of such violation is in an amount in excess of ten thousand dollars.
(3) The minimum amount of any fine imposed by the provisions of this section may not be remitted or reduced by the court unless the court states on the record its reasons for remitting or reducing such fine.
(4) The court may order restitution for any victim of a violation of this section pursuant to subsection (c) of section 53a-28.
(1949 Rev., S. 8374; P.A. 74-80; P.A. 77-278, S. 1; P.A. 80-54; 80-422, S. 7; P.A. 84-15; P.A. 05-288, S. 155; P.A. 07-62, S. 1; 07-217, S. 166; P.A. 08-49, S. 1; P.A. 11-55, S. 22; June Sp. Sess. P.A. 15-5, S. 73; P.A. 17-111, S. 1; 17-127, S. 2; P.A. 22-82, S. 11; P.A. 23-145, S. 1.)
History: P.A. 74-80 applied penalty to discrimination based on sex and specified violation as class A misdemeanor, deleting penalty of maximum fine of $1,000 and/or maximum imprisonment of one year; P.A. 77-278 applied penalty to discrimination based on blindness or physical disability; P.A. 80-54 applied penalty to discrimination based on religion or national origin and added Subsecs. (b) and (c) re desecration of property and burning crosses on property; P.A. 80-422 rephrased Subsec. (a) and designated penalty provision formerly in Subsec. (a) as Subsec. (d); Sec. 53-34 transferred to Sec. 46a-58 in 1981; P.A. 84-15 amended Subsec. (d) by increasing the penalty to a class D felony if property is damaged in an amount in excess of $1,000; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005; P.A. 07-62 amended Subsec. (a) by applying penalty to discrimination based on sexual orientation; P.A. 07-217 made technical changes in Subsec. (b), effective July 12, 2007; P.A. 08-49 added new Subsec. (d) re placing a noose or simulation thereof on property with intent to intimidate or harass another person and redesignated existing Subsec. (d) as Subsec. (e); P.A. 11-55 amended Subsec. (a) to prohibit deprivation of rights, privileges or immunities on account of gender identity or expression; June Sp. Sess. P.A. 15-5 amended Subsec. (a) to add “, mental disability”; P.A. 17-111 amended Subsec. (c) by adding provision re intent to intimidate or harass, amended Subsec. (d) by adding “gender identity or expression,” and “, mental disability”, amended Subsec. (e) by designating existing provisions re violation of any provision of section and exception if property damaged as Subdiv. (1) and amending same by adding provision re exception in Subdiv. (2), and adding provisions re fine not less than $1,000, adding Subdiv. (2) re intentional desecration of house of religious worship, adding Subdiv. (3) re remitting or reducing fine amount and adding Subdiv. (4) re restitution, and made technical changes; P.A. 17-127 amended Subsecs. (a) and (d) to add “status as a veteran” and made technical changes; P.A. 22-82 amended Subsecs. (a) and (d) by adding “status as a victim of domestic violence” and by making technical changes; P.A. 23-145 amended Subsecs. (a) and (d) by adding “age”, effective July 1, 2023.
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Sec. 46a-68b. Definitions. As used in this section and sections 4a-60, 4a-60a, 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 and “municipal public works contract”, “quasi-public agency project” and “awarding agency” have the same meanings as provided in section 4a-60g.
(P.A. 88-351, S. 1, 16; P.A. 89-253, S. 1, 7; P.A. 91-58, S. 27; June Sp. Sess. P.A. 15-5, S. 66; P.A. 23-204, S. 244.)
History: P.A. 88-351, S. 1 effective April 1, 1989; P.A. 89-253 changed references to Secs. 4-114a and 4-114c to Secs. 4a-60 and 4a-62, deleted definition of “commission”, amended definition of “public works contract” by adding “or any political subdivision of the state other than a municipality” and deleted definition of “contractor”; P.A. 91-58 added reference to Sec. 4a-60a; June Sp. Sess. P.A. 15-5 deleted reference to Sec. 4a-60g and added definitions of “municipal public works contract”, “quasi-public agency project” and “awarding agency”; P.A. 23-204 deleted reference to Sec. 4a-62, effective July 1, 2023.
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Sec. 46a-68c. Contractors required to file affirmative action plan. Review and approval of plan by executive director or designee. Certificate of compliance issued by executive director or designee. Revocation. (a) In addition to the provisions of section 4a-60, each contractor with fifty or more employees awarded a public works contract, municipal public works contract or contract for a quasi-public agency project in excess of fifty thousand dollars in any fiscal year, but not subject to the provisions of section 46a-68d, shall develop and file an affirmative action plan with the Commission on Human Rights and Opportunities which shall comply with regulations adopted by the commission. The executive director or the executive director's designee shall review and formally approve, conditionally approve or disapprove the content of the affirmative action plan not later than one hundred twenty days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such one-hundred-twenty-day period, the plan shall be deemed to be either approved or deficient without consequence. The executive director or the executive director's designee shall, not later than fifteen days after the date of deeming an affirmative action plan approved or deficient without consequence, provide the contractor with written notification of the action taken with respect to such plan. Failure to develop an affirmative action plan that is either approved or deficient without consequence shall act as a bar to bidding on or the award of future contracts until such requirement has been met.
(b) When the executive director or the executive director's designee approves an affirmative action plan pursuant to this section, the executive director or the executive director's designee shall issue a certificate of compliance to the contractor. Such certificate shall be prima facie proof of the contractor's eligibility to bid or be awarded contracts for a period of two years from the date of the certificate. Such certificate shall not excuse the contractor from monitoring by the commission or from the reporting and record-keeping requirements of sections 46a-68e and 46a-68f. The executive director or the executive director's designee may revoke the certificate of a contractor if the contractor does not implement its affirmative action plan in compliance with this section and sections 4a-60, 4a-60g, 46a-56, 46a-68b, 46a-68d, and 46a-68e to 46a-68k, inclusive.
(P.A. 88-351, S. 3, 16; P.A. 89-253, S. 3, 7; June Sp. Sess. P.A. 15-5, S. 67; P.A. 19-94, S. 1; P.A. 21-109, S. 3; P.A. 23-204, S. 245.)
History: P.A. 88-351, S. 3 effective April 1, 1989; P.A. 89-253 changed reference from Sec. 4-114a to Sec. 4a-60, added “in any fiscal year”, deleted former references to sections re reporting and record-keeping and substituted reference to Secs. 46a-68e and 46a-68f and added references to Secs. 4a-60, 4a-62, 32-9e, 46a-56, 46a-68b, 46a-68d and 46a-68e to 46a-68k, inclusive; June Sp. Sess. P.A. 15-5 added reference to municipal public works contracts and quasi-public agency project contracts, changed “commission” to “Commission on Human Rights and Opportunities” and made a technical change; P.A. 19-94 added provisions re executive director or designee's to review and approve, conditionally approve or disapprove content of affirmative action plan not later than 120 days after submission of plan, replaced “commission” with “executive director or executive director's designee” re responsibility for approval of affirmative action plan and issuance or revocation of certificate of compliance and made technical changes; P.A. 21-109 replaced reference to approved affirmative action plan with plan “that is either approved or deficient without consequence”; P.A. 23-204 designated existing provisions as Subsecs. (a) and (b), made a technical change in Subsec. (a) and deleted reference to Sec. 4a-62 in Subsec. (b), effective July 1, 2023.
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Sec. 46a-81a. Sexual orientation discrimination: Definitions. Section 46a-81a is repealed, effective July 1, 2023.
(P.A. 91-58, S. 1; P.A. 09-13, S. 14; P.A. 13-81, S. 16; P.A. 23-145, S. 6.)
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Sec. 46a-81e. Sexual orientation discrimination: Housing. (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 or civil union status.
(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 or civil union status.
(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 civil union status, or an intention to make any such preference, limitation or discrimination.
(4) (A) To represent to any person because of sexual orientation or civil union status, 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 or civil union status 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 or civil union status 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 or civil union status.
(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 or civil union status.
(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 or civil union status.
(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) 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.
(c) 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 or civil union status.
(d) Notwithstanding any other provision of this chapter, 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.
(e) Any person who violates any provision of this section shall be guilty of a class D misdemeanor.
(P.A. 91-58, S. 5; P.A. 07-217, S. 171; 07-245, S. 5; P.A. 12-80, S. 97; P.A. 23-207, S. 26.)
History: P.A. 07-217 made a technical change in Subsec. (f), effective July 12, 2007; P.A. 07-245 amended Subsecs. (a) and (b) to add references to “civil union status” and made a technical change in Subsec. (b), effective July 10, 2007; P.A. 12-80 amended Subsec. (f) to replace penalty of a fine of not less than $25 or more than $100 or imprisonment of not more than 30 days or both with a class D misdemeanor; P.A. 23-207 deleted former Subsec. (b) re exemption for owner-occupied properties and redesignated existing Subsecs. (e) to (f) as Subsec. (b) to (e).
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Sec. 46a-81p. Sexual orientation discrimination: Religious organizations. The provisions of sections 4a-60a and 46a-81b to 46a-81o, inclusive, 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.
(P.A. 91-58, S. 17; P.A. 23-145, S. 4.)
History: P.A. 23-145 replaced “46a-81a” with “46a-81b”, effective July 1, 2023.
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Sec. 46a-81q. Sexual orientation discrimination: ROTC programs. The provisions of sections 4a-60a and 46a-81b to 46a-81o, inclusive, shall not apply to the conduct and administration of a ROTC program established and maintained pursuant to 10 USC 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.
(P.A. 91-58, S. 19; P.A. 23-145, S. 5.)
History: P.A. 23-145 replaced “46a-81a” with “46a-81b”, effective July 1, 2023.
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Sec. 46a-82. (Formerly Sec. 31-127). Complaint: Filing. (a) Any person claiming to be aggrieved by an alleged discriminatory practice, except for an alleged violation of section 4a-60g or 46a-68 or the provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or herself or by such person's attorney, file with the commission a complaint in writing under oath, except that a complaint that alleges a violation of section 46a-64c need not be notarized. The complaint shall state the name and address of the person alleged to have committed the discriminatory practice, provide a short and plain statement of the allegations upon which the claim is based and contain such other information as may be required by the commission. The commission whenever it has reason to believe that a person who is named as party to a discriminatory practice complaint has engaged or is engaged in conduct that constitutes a violation of part VI, of chapter 952, may refer such matter to the Office of the Chief State's Attorney and said office shall conduct a further investigation as deemed necessary. After the filing of a complaint, the commission shall provide the complainant with a notice that: (1) Acknowledges receipt of the complaint; and (2) advises of the time frames and choice of forums available under this chapter.
(b) The commission, whenever it has reason to believe that any person has been engaged or is engaged in a discriminatory practice, may issue a complaint, except for a violation of subsection (a) of section 46a-80.
(c) The commission, whenever it has reason to believe that any contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60, 4a-60a or 4a-60g or the provisions of sections 46a-68c to 46a-68f, inclusive, may issue a complaint.
(d) The commission may issue a complaint if: (1) An affirmative action plan filed pursuant to section 46a-68 is in violation of any of the provisions of section 4-61u or 4-61w, sections 46a-54 to 46a-64, inclusive, section 46a-64c or sections 46a-70 to 46a-78, inclusive; or (2) an agency, department, board or commission fails to submit an affirmative action plan required under section 46a-68.
(e) Any employer whose employees, or any of them, refuse or threaten to refuse to comply with the provisions of section 46a-60 or 46a-81c may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.
(f) (1) Any complaint filed pursuant to this section for an alleged act of discrimination that occurred prior to October 1, 2021, shall be filed within one hundred and eighty days after the date of the alleged act of discrimination, except that any complaint by a person (A) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 that occurred before October 1, 2019, shall be filed within thirty days of the date of the alleged act of discrimination, and (B) claiming to be aggrieved by a violation of section 46a-60, sections 46a-70 to 46a-78, inclusive, or section 46a-80 or 46a-81c, that occurred on or after October 1, 2019, and prior to October 1, 2021, shall be filed not later than three hundred days after the date of the alleged act of discrimination.
(2) Any complaint filed pursuant to this section for an alleged act of discrimination that occurred on or after October 1, 2021, shall be filed within three hundred days after the date of the alleged act of discrimination.
(1949 Rev., S. 7406; 1959, P.A. 334; February, 1965, P.A. 576; 1967, P.A. 715, S. 3; 1971, P.A. 547, S. 1; P.A. 74-54; P.A. 75-27; 75-214, S. 1, 2; P.A. 76-141, S. 1, 2; P.A. 80-422, S. 30; P.A. 83-569, S. 13, 17; P.A. 90-246, S. 9; P.A. 91-58, S. 28; P.A. 07-142, S. 5; June Sp. Sess. P.A. 15-5, S. 74; P.A. 19-16, S. 6; P.A. 21-40, S. 48; 21-109, S. 5; P.A. 23-205, S. 193.)
History: 1959 act authorized the ordering of affirmative action and shortened period for filing complaint; 1965 act authorized commission to issue subpoenas requiring production of employment records related to complaint under investigation; 1967 act authorized commission counsel to present case supporting complaint at hearing; 1971 act changed composition of hearing tribunal from three commission members or a panel of hearing examiners to one commission member or one hearing examiner; P.A. 74-54 changed deadline for filing complaint from ninety to 180 days after alleged discriminatory act; P.A. 75-27 added provisos re liability for back pay and effect of interim earnings on award of back pay; P.A. 75-214 added provisions re effect of submission of claim to arbitration on filing of complaint and re use of arbitration decision as evidence; P.A. 76-141 deleted references to “preliminary” investigations; P.A. 80-422 substituted “discriminatory” for “unfair employment” practice where occurring, deleted detailed provisions re investigation and hearing procedures and orders made on basis of findings, designated remaining provisions as Subsecs. (a), (b), (d) and (e), inserted new Subsec. (c) re plans which fail to meet criteria or state agencies, etc. which fail to file plans, added exception re Sec. 4-61o(a) in Subsecs. (b) and (e) and substituted reference to Sec. 31-126 for “this chapter” in Subsec. (d); Sec. 31-127 transferred to Sec. 46a-82 in 1981 and internal section references changed as necessary to reflect their transfer; P.A. 83-569 amended Subsec. (c) to include references to violations of Secs. 4-61u and 4-61w; P.A. 90-246 amended Subsec. (a) by adding requirement that commission serve upon aggrieved person notice acknowledging receipt of complaint and advising of time frames and choice of forums available, and amended Subsec. (c) by adding reference to Sec. 46a-64c; P.A. 91-58 amended Subsec. (d) to add reference to Sec. 46a-81c; P.A. 07-142 amended Subsec. (a) by adding reference to Sec. 4a-60g and Secs. 46a-68c to 46a-68f, inclusive, added new Subsec. (c) re issuance of complaint whenever contractor or subcontractor is not complying with antidiscrimination statutes, required contract provisions or Secs. 46a-68c to 46a-68f, inclusive, redesignated existing Subsecs. (c), (d) and (e) as Subsecs. (d), (e) and (f) and made technical changes, effective July 1, 2007; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by deleting “make, sign and” re filing of discriminatory practice complaint, adding provision re complaint that alleges violation of Sec. 46a-64c need not be notarized, substituting “provide a short and plain statement of the allegations upon which the claim is based” for “and which shall set forth the particulars thereof”, substituting “provide the complainant with” for “serve upon the person claiming to be aggrieved” re commission responsibility to provide notice acknowledging receipt of the complaint, and making technical changes; P.A. 19-16 amended Subsec. (f) by redesignating existing provisions re person claiming to be aggrieved by violation of Sec. 46a-80(a) as Subdiv. (1) and amending same by adding “that occurred on or before October 1, 2019”, adding Subdiv. (2) re persons claiming to be aggrieved by violation of Secs. 46a-60, 46a-70 to 46a-78, 46a-80 or 46a-81c that occurred on or after October 1, 2019 to file complaint not later than 300 days after date of alleged act of discrimination, and replaced “must” with “shall”; P.A. 21-40 amended Subsec. (f) to make a technical change; P.A. 21-109 amended Subsec. (f) to designate existing provisions as Subdiv. (1), redesignate Subdivs. (1) and (2) as Subparas. (A) and (B), add provisions re existing provisions being applicable to acts that occurred prior to October 1, 2021, add new Subdiv. (2) re filing complaints for acts that occurred on or after October 1, 2021, and make technical changes; P.A. 23-205 amended Subsec. (a) by adding provision re commission's responsibility to refer a matter to the Office of the Chief State's Attorney when commission has reasonable belief that a party to a discriminatory practice case has engaged in conduct that constitutes a violation of part VI of Ch. 952, effective July 1, 2023.
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Sec. 46a-86. Complaint: Determination; orders; dismissal. Treatment of discrimination awards. (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 make written findings of fact and file with the commission and serve on the complainant and respondent an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as is necessary to achieve the purpose of this chapter.
(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer shall (1) issue an order to eliminate the discriminatory employment practice complained of and to make the complainant whole, including restoration to membership in any respondent labor organization, and (2) may (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory employment practice, and (B) allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. 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 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. Not later than October 1, 2020, and annually thereafter, the executive director of the commission shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on the commission's award of reasonable attorney's fees and costs under this section. Such report shall include, but not be limited to: (i) The awards of reasonable attorney's fees and a comparison of such awards to awards of damages; (ii) the category of complaint for which damages and attorney's fees are awarded; (iii) the commission's methodology for calculating awards of reasonable attorney's fees and costs, if such methodology may be ascertained; (iv) data on the number of employees employed by respondents who were subject to awards of reasonable attorney's fees and costs; and (v) the percentage of complainants and respondents represented by counsel in matters in which awards of reasonable attorney's fees and costs are made.
(c) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-58, 46a-59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-81e, 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 the complainant as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.
(d) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-66 or 46a-81f, the presiding officer shall file with the commission and serve on the respondent an order requiring the respondent to pay the complainant the damages resulting from the discriminatory practice.
(e) In addition to any other action taken under this section, upon a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f, inclusive, the presiding officer shall file with the commission and serve on the respondent an order with respect to any remedial action imposed pursuant to subsection (c) or (d) of section 46a-56.
(f) If, upon all the evidence and after a complete hearing, the presiding officer finds that the respondent has not engaged in any alleged discriminatory practice, the presiding officer shall make written findings of fact and shall file with the commission and serve on the complainant and respondent an order dismissing the complaint.
(g) Any payment received by a complainant under this chapter or under any equivalent federal antidiscrimination law, either as a settlement of a claim or as an award made in a judicial or administrative proceeding, shall not be considered as income, resources or assets for the purpose of determining the eligibility of or amount of assistance to be received by such person in the month of receipt or the three months following receipt under the state supplement program, Medicaid or any other medical assistance program, temporary family assistance program, state-administered general assistance program, or the temporary assistance for needy families program. After such time period, any remaining funds shall be subject to state and federal laws governing such programs.
(P.A. 80-422, S. 34; 80-449, S. 4, 6; P.A. 81-81, S. 5; P.A. 85-179; P.A. 88-317, S. 102, 107; P.A. 90-246, S. 11; P.A. 91-58, S. 30; P.A. 93-362, S. 4; P.A. 05-280, S. 45; June Sp. Sess. P.A. 05-3, S. 80; P.A. 07-142, S. 8; P.A. 11-237, S. 9; June Sp. Sess. P.A. 15-5, S. 78; P.A. 19-16, S. 7; 19-93, S. 6; P.A. 23-117, S. 9.)
History: P.A. 80-449 made technical changes in Subsec. (c); P.A. 81-81 amended Subsec. (c) by adding reference to Sec. “47a-2a” which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 85-179 amended Subsec. (b) by adding provision requiring the respondent to pay the amount of any deduction for interim unemployment compensation or welfare assistance to the commission for transfer to the appropriate agency; P.A. 88-317 substituted “presiding officer” for “hearing officer” throughout the section, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-246 amended Subsec. (c) by deleting reference to Sec. 46a-64a and adding reference to Sec. 46a-64c and changing provision that damage shall include attorney's fees actually incurred to allowing reasonable attorney's fees and costs; P.A. 91-58 amended Subsec. (c) to add reference to Secs. 46a-81b, 46a-81d and 46a-81e and amended Subsec. (d) to add reference to Sec. 46a-81f; P.A. 93-362 amended Subsec. (e) by adding “and after a complete hearing” after “evidence”; P.A. 05-280, S. 45 re treatment of discrimination payment awards by Department of Social Services in determining eligibility of or amount of assistance to be received by complainant under chapter was added editorially by the Revisors as Subsec. (f); June Sp. Sess. P.A. 05-3 changed effective date of P.A. 05-280, S. 45 from October 1, 2005, to July 1, 2005, effective July 1, 2005; P.A. 07-142 added new Subsec. (e) re order with respect to remedial action imposed pursuant to Sec. 46a-56(c) or (d), redesignated existing Subsecs. (e) and (f) as Subsecs. (f) and (g) and made technical changes, effective July 1, 2007; P.A. 11-237 amended Subsec. (c) by adding provision re amount of attorney's fees allowed; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by substantially revising provisions re duties of presiding officer upon finding that respondent has engaged in discriminatory practice, amended Subsec. (b) by substituting “any individual” for “employees” and making technical changes, amended Subsecs. (d) and (e) by deleting “issue and” and making technical changes, amended Subsec. (f) by adding provisions re presiding officer to make written findings of fact and to serve order dismissing complaint on complainant, and amended Subsec. (g) by making technical changes; P.A. 19-16 amended Subsec. (b) by deleting provision re ordering the hiring or reinstatement of any individual, with or without back pay, adding Subsec. (b)(1) re issuing order to eliminate discriminatory employment practice and make complainant whole and adding Subsec. (b)(2) re determining the amount of damages suffered by complainant and allowing reasonable attorney's fees and costs; P.A. 19-93 amended Subsec. (b)(2) by adding “may” re Subparas. (A) and (B) and further amended Subsec. (b) by adding provision re report on commission's award of reasonable attorney's fees and costs; P.A. 23-117 amended Subsec. (g) by deleting reference to provisions concerning an individual development account, effective June 27, 2023.
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