Bill Text: CT SB00385 | 2014 | General Assembly | Introduced
Bill Title: An Act Concerning Revisions To Statutes Concerning Human Rights And Opportunities.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-03-07 - Public Hearing 03/12 [SB00385 Detail]
Download: Connecticut-2014-SB00385-Introduced.html
General Assembly |
Raised Bill No. 385 | ||
February Session, 2014 |
LCO No. 2158 | ||
*02158_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING REVISIONS TO STATUTES CONCERNING HUMAN RIGHTS AND OPPORTUNITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 1-1f of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
For purposes of [sections 3-10e,] section 4a-60, subdivision (12) of section 38a-816, [and sections 46a-58, 46a-60, 46a-64, 46a-70 to 46a-73, inclusive, 46a-75, 46a-76 and] sections 46a-41, 52-175a and chapter 814c:
(a) An individual is blind if [his] such individual's central visual acuity does not exceed 20/200 in the better eye with correcting lenses, or if [his] such individual's 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;
(b) An individual [is physically disabled if he] has a physical disability, as defined in section 46a-51, as amended by this act, if such individual 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, blindness, epilepsy, deafness or hearing impairment or reliance on a wheelchair or other remedial appliance or device.
Sec. 2. Section 46a-51 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
As used in section [4a-60a] section 4a-60, as amended by this act, section 53-37, as amended by this act, section 9 of this act and this chapter:
(1) "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;
[(1)] (2) "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)] (3) "Commission" means the Commission on Human Rights and Opportunities created by section 46a-52;
[(3)] (4) "Commission legal counsel" means a member of the [legal staff employed by] professional staff of the commission [pursuant to section 46a-54] whose position requires admittance to practice law in the state of Connecticut;
[(4)] (5) "Commissioner" means a member of the commission;
(6) "Complainant" means any person, whether acting on his or her own behalf or through an attorney, who files a complaint pursuant to section 46a-82, as amended by this act;
[(5)] (7) "Court" means the Superior Court or any judge of said court;
(8) "Covered multifamily dwellings" means buildings consisting of four or more units if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units;
(9) "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;
(10) "Credit sale" means any transaction with respect to which credit is granted;
(11) "Credit transaction" means any invitation to apply for credit, application for credit, extension of credit or credit sale;
(12) "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;
[(6)] (13) "Discrimination" includes segregation and separation;
(14) "Discrimination because of religion" includes, but is not limited to, discrimination related to all aspects of religious observances and practice as well as belief, unless, in the context of an employer-employee relationship, 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;
(15) "Discrimination because of sex" includes, but is not limited to, discrimination related to pregnancy, child-bearing capacity, sterilization, fertility or related medical conditions;
[(7)] (16) "Discriminatory employment practice" means any discriminatory practice specified in section 46a-60, as amended by this act, or [46a-81c] section 9 of this act;
(17) "Discriminatory housing practice" means any discriminatory practice specified in section 46a-64c, as amended by this act;
[(8) "Discriminatory practice" means a violation of section 4a-60, 4a-60a, 4a-60g, 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;]
(18) "Discriminatory practice means a violation of any requirement established by the commission pursuant to subdivisions (13) to (16), inclusive, of section 46a-54, as amended by this act, or a violation of section 4a-60, as amended by this act, 4a-60g, as amended by this act, 46a-58, as amended by this act, 46a-59, as amended by this act, 46a-60, as amended by this act, 46a-64, as amended by this act, 46a-64c, as amended by this act, 46a-66, as amended by this act, 46a-68, as amended by this act, or sections 46a-68c to 46a-68f, inclusive, or 46a-70 to 46a-78, inclusive, as amended by this act, or subsection (a) of section 46a-80 or section 9 of this act;
(19) "Dwelling" means any building, structure, mobile manufactured home park or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, mobile manufactured home park or portion thereof;
[(9)] (20) "Employee" means any person employed by an employer but shall not include any individual employed by such individual's parents, spouse or child, or in the domestic service of any person;
[(10)] (21) "Employer" includes the state and all political subdivisions thereof and means any person or employer with three or more persons in such person's or employer's employ;
[(11)] (22) "Employment agency" means any person undertaking with or without compensation to procure employees or opportunities to work;
(23) "Extension of credit" means all acts incident to the evaluation of an application for credit and the granting of credit;
(24) "Fair Housing Act" means Title VIII of the Civil Rights Act of 1968, as amended, and known as the federal Fair Housing Act (42 USC 3600-3619);
(25) "Familial status" means (A) one or more individuals who have not attained eighteen years of age being domiciled with (i) a parent or another person having legal custody of such individual or individuals, or (ii) the designee of such parent or other person having such custody with the written permission of such parent or other person; or (B) any individual who is pregnant or is in the process of securing legal custody of any individual who has not attained eighteen years of age;
(26) "Family" includes a single individual;
(27) "Gender identity or expression" means an individual'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 individual'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 an individual's core identity or not being asserted for an improper purpose;
(28) "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; (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 Fair Housing Act and regulations developed pursuant thereto by the Secretary of the United States Department of Housing and Urban Development;
(29) "Intellectual disability" means intellectual disability, as defined in section 1-1g, as amended by this act;
(30) "Invitation to apply for credit" means any communication, oral or written, by a creditor that encourages or prompts an application for credit;
[(12)] (31) "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;]
(32) "Lawful source of income" means income derived from Social Security, supplemental security income, housing assistance, child support, alimony or public or state-administered general assistance;
(33) "Learning disability" means a severe discrepancy between educational performance and measured intellectual ability and 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 do mathematical calculations;
(34) "Marital status" means being single, married as recognized by the state, widowed, separated or divorced;
(35) "Mental disability" means having, a record of having or being 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";
(36) "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 who: (A) Are active in the daily affairs of the enterprise; (B) have the power to direct the management and policies of the enterprise; and (C) are members of a minority, as defined in subsection (a) of section 32-9n;
(37) "Mobile manufactured home park" means a plot of land upon which two or more mobile manufactured homes occupied for residential purposes are located;
[(14)] (38) "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;
(39) "Person claiming to be aggrieved" means any person who claims to have been injured by a discriminatory practice;
[(15) "Physically disabled" refers to] (40) "Physical disability" means [any individual who has any chronic physical handicap] chronic physical disability, infirmity or impairment, whether congenital or resulting from bodily injury, organic processes or changes or from illness, including, but not limited to, blindness, epilepsy, deafness or hearing impairment or reliance on a wheelchair or other remedial appliance or device;
(41) "Public accommodation, resort or amusement" means any establishment that offers its services, 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;
(42) "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;
(43) "Referee" means a human rights referee appointed pursuant to section 46a-57, as amended by this act;
(44) "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;
[(16)] (45) "Respondent" means any person, whether acting on his or her own behalf or through an attorney, alleged in a complaint filed pursuant to section 46a-82, as amended by this act, 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.]
(46) "Sexual orientation" means heterosexuality, homosexuality or bisexuality, or having a history of or being identified as such; and
(47) "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. 3. Section 46a-52 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The commission shall consist of nine persons. [On and after October 1, 2000, such] Such persons shall be appointed with the advice and consent of both houses of the General Assembly. (1) On or before July 15, 1990, the Governor shall appoint five members of the commission, three of whom shall serve for terms of five years and two of whom shall serve for terms of three years. Upon the expiration of such terms, and thereafter, the Governor shall appoint either two or three members, as appropriate, to serve for terms of five years. On or before July 14, 1990, the president pro tempore of the Senate, the minority leader of the Senate, the speaker of the House of Representatives and the minority leader of the House of Representatives shall each appoint one member to serve for a term of three years. Upon the expiration of such terms, and thereafter, members so appointed shall serve for terms of three years. (2) If any vacancy occurs, the appointing authority making the initial appointment shall appoint a person to serve for the remainder of the unexpired term. The Governor shall select one of the members [of the commission] to serve as chairperson for a term of one year. The commission shall meet at least once during each two-month period and at such other times as the chairperson deems necessary. Special meetings shall be held on the request of a majority of the members [of the commission] after notice in accordance with the provisions of section 1-225.
(b) [Except as provided in section 46a-57, the members of the commission] The commissioners shall serve without pay, but their reasonable expenses, including educational training expenses and expenses for necessary stenographic and clerical help, shall be paid by the state upon approval of the Commissioner of Administrative Services. Not later than two months after appointment to the commission, each member of the commission shall receive a minimum of ten hours of introductory training prior to voting on any commission matter. Each year following such introductory training, each member shall receive five hours of follow-up training. Such introductory and follow-up training shall consist of instruction on the laws governing discrimination in employment, housing, public accommodation and credit, affirmative action and the procedures of the commission. Such training shall be organized by the [managing director] supervising attorney of the legal division of the commission. Any member who fails to complete such training shall not vote on any commission matter. Any member who fails to comply with such introductory training requirement within six months of appointment shall be deemed to have resigned from office. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office.
(c) [On or before July 15, 1989, the] The commission shall appoint an executive director who shall be the chief executive officer of the [Commission on Human Rights and Opportunities to serve for a term expiring on July 14, 1990. Upon the expiration of such term and thereafter, the executive director shall be appointed for a term of four years] commission. The executive director shall be supervised and annually evaluated by the commission. The executive director shall serve at the pleasure of the commission, but no longer than four years from [July fifteenth in the year] the date of his or her appointment unless reappointed pursuant to the provisions of this subsection. The executive director shall receive an annual salary within the salary range of a salary group established by the Commissioner of Administrative Services for the position. The executive director shall (1) [shall] conduct comprehensive planning with respect to the functions of the commission; (2) [shall] coordinate the activities of the commission; and (3) [shall] cause the administrative organization of the commission to be examined with a view to promoting economy and efficiency. In accordance with established procedures, the executive director may enter into such contractual agreements as may be necessary for the discharge of the director's duties.
(d) The executive director may appoint no more than two deputy directors with the approval of a majority of the members of the commission. The deputy directors shall be supervised by the executive director and shall assist the executive director in the administration of the commission, the effectuation of its statutory responsibilities and such other duties as may be assigned by the executive director. Deputy directors shall serve at the pleasure of the executive director and without tenure. The executive director may remove a deputy director with the approval of a majority of the members of the commission.
(e) The commission shall be within the Labor Department for administrative purposes only.
Sec. 4. 46a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
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, a housing discrimination unit, a legal division and such other divisions, bureaus or units as may be necessary for the efficient conduct of business; [of the commission;]
(3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section [46a-55] this chapter. One commission legal counsel shall serve as supervising attorney [. Each commission legal counsel shall be admitted to practice law in this state] of the legal division;
(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, as amended by this act, investigate and mediate discriminatory practice complaints;
(9) By itself or [with or by hearing officers or human rights referees] by presiding 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 [, hearing officers and human rights referees] and presiding 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] accept voluntary and uncompensated services [of] from 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, as amended by this act, or 46a-64c, as amended by this act, [46a-81d or 46a-81e,] of such notices of statutory provisions as it deems desirable;
(15) (A) To require an employer having three or more employees to post in a prominent and accessible location information concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment; and (B) to require an employer having fifty or more employees to provide two hours of training and education [to all supervisory employees within one year of October 1, 1992, and] relating to the illegality of sexual harassment to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 1991, shall not be required to provide such training and education a second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. As used in this subdivision, "sexual harassment" [shall have] has the same meaning as set forth in subdivision [(8)] of subsection (a) of section 46a-60, as amended by this act, and "employer" shall include the General Assembly;
(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education [(i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii)] to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees. Such training and education shall include information concerning the federal and state statutory provisions concerning discrimination and hate crimes directed at protected classes and the remedies available to victims of discrimination and hate crimes, standards for working with and serving persons from diverse populations and strategies for addressing differences that may arise from diverse work environments; and (B) submit an annual report to the [Commission on Human Rights and Opportunities] commission concerning the status of the diversity training and education required under subparagraph (A) of this subdivision. The information in such annual reports shall be reviewed by the commission for the purpose of submitting an annual summary report to the General Assembly. [Notwithstanding the provisions of this section, if a state agency has provided such diversity training and education to any of its employees prior to October 1, 1999, such state agency shall not be required to provide such training and education a second time to such employees.] The requirements of this subdivision shall be accomplished within available appropriations. As used in this subdivision, "employee" [shall include] includes any part-time employee who works more than twenty hours per week;
(17) To require each agency to submit information demonstrating its compliance with subdivision (16) of this section as part of its affirmative action plan and to receive and investigate complaints concerning the failure of a state agency to comply with the requirements of subdivision (16) of this section; and
(18) To enter into contracts for and accept grants of private or federal funds and to accept gifts, donations or bequests, including donations of service by attorneys and other individuals.
Sec. 5. Section 46a-56 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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, as amended by this act, [or 4a-60a] 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 [sections 4a-60 and 4a-60a] section 4a-60, as amended by this act, and those provisions of the general statutes [which] that 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 or subcontractor from [the requirements of] complying with any or all of the provisions of section 4a-60, as amended by this act, [4a-60a,] 46a-68c, 46a-68d or 46a-68e in any specific contract. Exemptions under [the provisions of this section] this subsection may include, but not be limited to, the following: [instances: (1) If the] (1) 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] the contract involves less than a specified [amounts] amount of money or specified numbers of workers; [(3) to the extent that they involve subcontracts] or (3) the subcontract falls 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] compliance with this section and sections 4a-60, as amended by this act, [4a-60a,] 4a-60g, as amended by this act, 4a-62 and 46a-68b to 46a-68k, inclusive, as amended by this act.
(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, as amended by this act, [or 4a-60a or the provisions of] sections 46a-68c to 46a-68f, inclusive, the commission may issue a complaint pursuant to subsection (c) of section 46a-82, as amended by this act. Such complaint shall be scheduled for a hearing before a [hearing officer or 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, as amended by this act. If, after such hearing, the presiding officer makes a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, or [4a-60a or the provisions of] 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) 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; (2) prohibit the contractor from participation in any further contracts with state agencies 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 within forty-five days of 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 [or material] violation or the threat of substantial [or material] violation of [the contractual provisions set forth in] section 4a-60, as amended by this act, [or 4a-60a,] appropriate proceedings should be brought to enforce such provisions, including the enjoining [, within the limitations of applicable law,] of organizations, individuals or groups [who] that prevent, [directly or indirectly,] or seek to prevent, [directly or indirectly,] compliance with [the provisions of] section 4a-60, as amended by this act; [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 contracting agency or to the commission; [as the case may be;] (7) order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60, as amended by this act, [or 4a-60a] or sections 46a-68c to 46a-68f, inclusive, within a period of thirty days 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 material] or there is a pattern of noncompliance, recommend to the contracting agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies; [or] (8) order the contracting agency 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] that comply with antidiscrimination statutes and [the provisions of] section 4a-60, as amended by this act, [or 4a-60a] and sections 46a-68c to 46a-68f, inclusive; or (9) order two or more such 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, [and after a complaint is filed and a hearing is held pursuant to subsection (c) of this section,] that, with respect to a state 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 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, as amended by this act, [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 hearing officer or human rights referee before whom such hearing was held] the commission may issue a complaint pursuant to subsection (c) of section 46a-82, as amended by this act. 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, as amended by this act. 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 [such] 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: (i) Who are active in the daily affairs of the enterprise; (ii) who have the power to direct the management and policies of the enterprise; and (iii) who are members of a minority, as defined in subsection (a) of section 32-9n.]
Sec. 6. Section 46a-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
[(a) (1) The Governor shall appoint three human rights referees for terms commencing October 1, 1998, and four human rights referees for terms commencing January 1, 1999. The human rights referees so appointed shall serve for a term of one year.
(2) (A) On and after October 1, 1999, the Governor shall appoint seven human rights referees with the advice and consent of both houses of the General Assembly. The Governor shall appoint three human rights referees to serve for a term of two years commencing October 1, 1999. The Governor shall appoint four human rights referees to serve for a term of three years commencing January 1, 2000. Thereafter, human rights referees shall serve for a term of three years.
(B) On and after July 1, 2001, there shall be five human rights referees. Each of the human rights referees serving on July 1, 2001, shall complete the term to which such referee was appointed. Thereafter, human rights referees shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve for a term of three years.
(C) On and after July 1, 2004, there shall be seven human rights referees. Each of the human rights referees serving on July 1, 2004, shall complete the term to which such referee was appointed and shall serve until his successor is appointed and qualified. Thereafter, human rights referees shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve for a term of three years.
(D) On and after October 5, 2009, and until July 1, 2011, there shall be five human rights referees. Each of the human rights referees serving on October 5, 2009, shall serve until the term to which such referee was appointed is completed, or until July 1, 2011, whichever is earlier, and shall serve until a successor is appointed and qualified. In the case of a vacancy, a successor shall be appointed by the Governor, with the advice and consent of both houses of the General Assembly, to serve until July 1, 2011.
(E) On and after July 1, 2011, there shall be three human rights referees who shall (i) be appointed by the Governor with the advice and consent of both houses of the General Assembly, and (ii) serve for a term of three years.]
[(3)] (a) The Governor, with the advice and consent of both houses of the General Assembly, shall appoint three human rights referees who shall serve for a term of three years from the date of their appointment. When the General Assembly is not in session, any vacancy shall be filled pursuant to [the provisions of] section 4-19. The Governor may remove any human rights referee for cause.
(b) [Human rights referees] Referees shall serve full-time and shall conduct the settlement negotiations and hearings authorized by [the provisions of] this chapter. A [human rights] referee shall have the powers granted to [hearing officers and] presiding officers by chapter 54 and this chapter. A [human rights] referee shall be an attorney admitted to the practice of law in this state. Any commissioner of the Superior Court who is able and willing to hear discriminatory practice complaints may submit his or her name to the Governor for consideration for appointment. [as a human rights referee. No human rights] No referee shall appear before the commission or another [hearing] presiding officer for one year after leaving office.
(c) [On or after October 1, 1998, the] The executive director shall designate one [human rights] referee to serve as Chief Human Rights Referee for a term of one year. The [Chief Human Rights Referee] chief referee, in consultation with the executive director, shall supervise and assign the [human rights referees] presiding officers to conduct settlement negotiations and hearings on complaints [, including complaints for which a trial on the merits has not commenced prior to October 1, 1998,] on a rotating basis. The commission, in consultation with the executive director and [Chief Human Rights Referee] chief referee, shall adopt regulations and rules of practice, in accordance with chapter 54, to ensure consistent procedures governing contested case proceedings.
(d) When serving as a presiding officer as provided in section 46a-84, as amended by this act, each [human rights referee or hearing officer] referee shall have the same subpoena powers as are granted to [commissioners] the commission by subdivision (9) of section 46a-54, as amended by this act. Each presiding officer shall also have the power to determine a reasonable fee to be paid to an expert witness [, including, but not limited to, any practitioner of the healing arts, as defined in section 20-1, dentist, registered nurse or licensed practical nurse, as defined in section 20-87a, and real estate appraiser when any such expert witness is summoned by the commission to give expert testimony, in person or by deposition, in any contested case proceeding, pursuant to section 46a-84. Such fee shall be paid to the expert witness in lieu of all other witness fees] called by the commission to give expert testimony in person or by deposition pursuant to section 46a-84, as amended by this act. Such fee shall be paid to the expert witness in lieu of all other witness fees.
Sec. 7. Section 46a-58 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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,] because of race, color, religion, age, sex, gender identity or expression, sexual orientation, [blindness] marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability.
(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, 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,] because of race, color, religion, age, sex, gender identity or expression, sexual orientation, [blindness] marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability, shall be in violation of subsection (a) of this section.
[(e) Any person who violates any provision of this section shall be guilty of a class A misdemeanor, 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.]
Sec. 8. Subsection (a) of section 46a-59 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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, trade 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 [his] race, [national origin, creed] color, religion, age, sex, gender identity or expression, [or color] sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability.
Sec. 9. (NEW) (Effective July 1, 2014) It shall be a discriminatory practice in violation of this section:
(1) For any person to retaliate or otherwise discriminate against any person because such person has opposed any discriminatory practice or because such person has filed a complaint, testified or assisted in any proceeding under chapter 814c of the general statutes; or
(2) For any person to aid, abet, incite, compel or coerce the doing of any act declared to be a discriminatory practice or to attempt to aid, abet, incite, compel or coerce the doing of any such act.
Sec. 10. Subsection (a) of section 46a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) It shall be a discriminatory practice in violation of this section:
(1) For an employer, by the employer or the employer's 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 such individual in compensation or in terms, conditions or privileges of employment because of the individual's race, color, [religious creed] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, [present or past history of] mental disability, intellectual disability, learning disability or physical disability; [, including, but not limited to, blindness;]
(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 such individual's race, color, [religious creed] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, [present or past history of] mental disability, intellectual disability, learning disability or physical disability; [, including, but not limited to, blindness;]
(3) For a labor organization, [because of the race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability or physical disability, including, but not limited to, blindness of any individual] except in the case of a bona fide occupational qualification or need, to exclude from full membership rights or to expel from its membership [such] any 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] because of such individual's race, color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability;
[(4) For any person, employer, labor organization or employment agency to discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory employment practice or because such person has filed a complaint or testified or assisted in any proceeding under section 46a-82, 46a-83 or 46a-84;
(5) For any person, whether an employer or an employee or not, to aid, abet, incite, compel or coerce the doing of any act declared to be a discriminatory employment practice or to attempt to do so;]
[(6)] (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 race, color, [religious creed] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, [present or past history of] mental disability, intellectual disability, learning disability or physical disability; [, including, but not limited to, blindness;]
[(7)] (5) For an employer, by the employer or the employer's agent: (A) To terminate a woman's employment because of her pregnancy; (B) to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy; (C) to deny to that employee, who is disabled as a result of pregnancy, any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued pursuant to plans maintained by the employer; (D) to fail or refuse to reinstate the employee to her original job or to an equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits and other service credits upon her signifying her intent to return unless, in the case of a private employer, the employer's circumstances have so changed as to make it impossible or unreasonable to do so; (E) to fail or refuse to make a reasonable effort to transfer a pregnant employee to any suitable temporary position which may be available in any case in which an employee gives written notice of her pregnancy to her employer and the employer or pregnant employee reasonably believes that continued employment in the position held by the pregnant employee may cause injury to the employee or fetus; (F) to fail or refuse to inform the pregnant employee that a transfer pursuant to subparagraph (E) of this subdivision may be appealed under the provisions of this chapter; or (G) to fail or refuse to inform employees of the employer, by any reasonable means, that they must give written notice of their pregnancy [in order] to be eligible for transfer to a temporary position;
[(8)] (6) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass or permit the sexual harassment of any employee, person seeking employment or member [on the basis] because of sex, [or] gender identity or expression or sexual orientation. "Sexual harassment" shall, for the purposes of this section, be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;
[(9)] (7) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to request or require information from an employee, person seeking employment or member relating to the individual's child-bearing age or plans, pregnancy, function of the individual's reproductive system, use of birth control methods, or the individual's familial responsibilities, unless such information is directly related to a bona fide occupational qualification or need, provided an employer, through a physician, may request from an employee any such information which is directly related to workplace exposure to substances which may cause birth defects or constitute a hazard to an individual's reproductive system or to a fetus if the employer first informs the employee of the hazards involved in exposure to such substances;
[(10)] (8) For an employer, by the employer or the employer's agent, after informing an employee, pursuant to subdivision [(9)] (7) of this subsection, of a workplace exposure to substances which may cause birth defects or constitute a hazard to an employee's reproductive system or to a fetus, to fail or refuse, upon the employee's request, to take reasonable measures to protect the employee from the exposure or hazard identified, or to fail or refuse to inform the employee that the measures taken may be the subject of a complaint filed under the provisions of this chapter. Nothing in this subdivision is intended to prohibit an employer from taking reasonable measures to protect an employee from exposure to such substances. For the purpose of this subdivision, "reasonable measures" shall be those measures [which] that are consistent with business necessity and are least disruptive of the terms and conditions of the employee's employment;
[(11)] (9) For an employer, by the employer or the employer's agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent: (A) To request or require genetic information from an employee, person seeking employment or member, or (B) to discharge, expel or otherwise discriminate against any person on the basis of genetic information. For the purpose of this subdivision, "genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member.
Sec. 11. Section 4a-60 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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] because of race, color, [religious creed] religion, age, [marital status, national origin, ancestry,] sex, gender identity or expression, [intellectual disability, mental disability] sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability, [including, but not limited to, blindness,] unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the state of Connecticut; and the contractor further agrees to take affirmative action to [insure] ensure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, [religious creed] religion, age, [marital status, national origin, ancestry,] sex, gender identity or expression, [intellectual disability, mental disability] sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability, [including, but not limited to, blindness,] unless it is shown by such contractor that such disability prevents performance of the work involved;
(2) The contractor agrees, in all solicitations or advertisements for employees placed by or on behalf of the contractor, to state that it is an "affirmative action-equal opportunity employer" in accordance with regulations adopted by the commission;
(3) 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;
(4) The contractor agrees to comply with each provision of this section and sections 46a-68e and 46a-68f and with each regulation or relevant order issued by said commission pursuant to sections 46a-56, as amended by this act, 46a-68e, [and] 46a-68f and 46a-86, as amended by this act; and
(5) 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, as amended by this act.
(b) If the contract is a public works contract, the contractor agrees and warrants that [he will] such contractor shall make good faith efforts to employ minority business enterprises as subcontractors and suppliers of materials on such public works project.
(c) (1) Any contractor who has one or more contracts with the state or a political subdivision of the state that is valued at less than fifty thousand dollars for each year of the contract shall provide the state or such political subdivision of the state with a written or electronic representation that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section, provided if there is any change in such representation, the contractor shall provide the updated representation to the state or such political subdivision not later than thirty days after such change.
(2) Any contractor who has one or more contracts with the state or a political subdivision of the state that is valued at fifty thousand dollars or more for any year of the contract shall provide the state or such political subdivision of the state with any one of the following:
(A) Documentation in the form of a company or corporate policy adopted by resolution of the board of directors, shareholders, managers, members or other governing body of such contractor that complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section;
(B) Documentation in the form of a company or corporate policy adopted by a prior resolution of the board of directors, shareholders, managers, members or other governing body of such contractor if (i) the prior resolution is certified by a duly authorized corporate officer of such contractor to be in effect on the date the documentation is submitted, and (ii) the head of the agency of the state or such political subdivision, or a designee, certifies that the prior resolution complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section; or
(C) Documentation in the form of an affidavit signed under penalty of false statement by a chief executive officer, president, chairperson or other corporate officer duly authorized to adopt company or corporate policy that certifies that the company or corporate policy of the contractor complies with the nondiscrimination agreement and warranty under subdivision (1) of subsection (a) of this section and is in effect on the date the affidavit is signed.
(3) Neither the state nor any political subdivision shall award a contract to a contractor who has not provided the representation or documentation required under subdivisions (1) and (2) of this subsection, as applicable. After the initial submission of such representation or documentation, the contractor shall not be required to resubmit such representation or documentation unless there is a change in the information contained in such representation or documentation. If there is any change in the information contained in the most recently filed representation or updated documentation, the contractor shall submit an updated representation or documentation, as applicable, either (A) not later than thirty days after the effective date of such change, or (B) upon the execution of a new contract with the state or a political subdivision of the state, whichever is earlier. Such contractor shall also certify, in accordance with subparagraph (B) or (C) of subdivision (2) of this subsection, to the state or political subdivision, not later than fourteen days after the twelve-month anniversary of the most recently filed representation, documentation or updated representation or documentation, that the representation on file with the state or political subdivision is current and accurate.
(d) For the purposes of this section, "contract" includes any extension or modification of the contract, "contractor" includes any successors or assigns of the contractor, "marital status" [means being single, married as recognized by the state of Connecticut, widowed, separated or divorced] has the same meaning as provided in subdivision (34) of section 46a-51, as amended by this act, and "mental disability" [means 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", or a record of or regarding a person as having one or more such disorders] has the same meaning as provided in subdivision (35) of section 46a-51, as amended by this act. For the purposes of this section, "contract" does not include a contract where each contractor is (1) a political subdivision of the state, including, but not limited to, a municipality, (2) a quasi-public agency, as defined in section 1-120, (3) any other state, as defined in section 1-267, (4) the federal government, (5) a foreign government, or (6) an agency of a subdivision, agency, state or government described in subparagraph (1), (2), (3), (4) or (5) of this subsection.
(e) For the purposes of this section, "minority business enterprise" means any small contractor 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; and "good faith" means that degree of diligence which a reasonable person would exercise in the performance of legal duties and obligations. "Good faith efforts" shall include, but not be limited to, those reasonable initial efforts necessary to comply with statutory or regulatory requirements and additional or substituted efforts when it is determined that such initial efforts will not be sufficient to comply with such requirements.
(f) Determination of the contractor's good faith efforts shall include but shall not be limited to the following factors: The contractor's employment and subcontracting policies, patterns and practices; affirmative advertising, recruitment and training; technical assistance activities and such other reasonable activities or efforts as the commission may prescribe that are designed to ensure the participation of minority business enterprises in public works projects.
(g) The contractor shall develop and maintain adequate documentation, in a manner prescribed by the commission, of its good faith efforts.
(h) The contractor shall include the provisions of subsections (a) and (b) 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, as amended by this act; 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. 12. Subdivision (8) of subsection (a) of section 4a-60g of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(8) "Individual with a disability" means an individual [(A) having a physical or mental impairment that substantially limits one or more of the major life activities of the individual, which mental impairment may include, but is not limited to, 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", or (B) having a record of such an impairment] who has a mental disability or physical disability, as those terms are defined in section 46a-51, as amended by this act.
Sec. 13. Section 46a-64 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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 race, [creed,] color, [national origin, ancestry,] sex, gender identity or expression, sexual orientation, marital status, [age, lawful source of income, intellectual disability,] mental disability, [or] intellectual disability, learning disability, physical disability, [including, but not limited to, blindness or deafness of the applicant] or lawful source of income, subject only to the conditions and limitations established by law and applicable alike to all persons; (2) to discriminate, segregate or separate on account of race, [creed,] color, [national origin, ancestry,] religion, age, sex, gender identity or expression, sexual orientation, marital status, [age, lawful source of income, intellectual disability] national origin, ancestry, mental disability, intellectual disability, learning disability, [or] physical disability, [including, but not limited to, blindness or deafness] or lawful source of income; (3) for a [place of] public accommodation, resort or amusement to restrict or limit the right of a mother to breast-feed her child; (4) for a [place of] public accommodation, resort or amusement to fail or refuse to post a notice, in a conspicuous place, that any [blind, deaf or] mobility impaired person or person with a mental or physical disability, accompanied by [his] an assistance or guide dog wearing a harness or an orange-colored leash and collar [,] may enter such premises or facilities; or (5) to deny any [blind, deaf or] (A) mobility impaired person, [or any] (B) person with a mental or physical disability, or (C) person training a dog as a guide dog [for a blind person or a dog to assist a deaf or mobility impaired person,] accompanied by [his] a guide dog or assistance dog, full and equal access to any [place of] public accommodation, resort or amusement. Any [blind, deaf or] mobility impaired person, person with a mental or physical disability or [any] person training a dog as a guide dog [for a blind person or a dog to assist a deaf or mobility impaired person] or an assistance dog may keep [his] a guide dog or assistance dog [with him] at all times in such [place of] public accommodation, resort or amusement at no extra charge, provided the dog wears a harness or an orange-colored leash and collar and is in the direct custody of such person. The [blind, deaf or] mobility impaired person, person with a mental or physical disability or person training a dog as a guide dog [for a blind person or a dog to assist a deaf or mobility impaired person] or an assistance dog shall be liable for any damage done to the premises or facilities by [his] such dog. For purposes of this subdivision, "guide dog" or "assistance dog" includes a dog being trained as a guide dog or assistance dog and "person training a dog as a guide dog [for a blind person or a dog to assist a deaf or mobility impaired person] or an assistance dog" means a person who is employed by and authorized to engage in designated training activities by a guide dog organization or assistance dog organization that complies with the criteria for membership in a professional association of guide dog or assistance dog schools and who carries photographic identification indicating such employment and authorization.
(b) (1) The provisions of this section with respect to the prohibition of [sex] discrimination because of sex shall not apply to (A) the rental of sleeping accommodations provided by associations and organizations which rent all such sleeping accommodations on a temporary or permanent basis for the exclusive use of persons of the same sex or (B) separate bathrooms or locker rooms based on sex. (2) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of age shall not apply to minors or to special discount or other public or private programs to assist persons sixty years of age and older. (3) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of physical disability shall not require any person to modify [his] such person's property in any way or provide a higher degree of care for a physically disabled person [, including, but not limited to blind or deaf persons,] than for a person not physically disabled, unless otherwise required by state or federal law. (4) The provisions of this section with respect to the prohibition of discrimination [on the basis of creed] because of religion shall not apply to the practice of granting preference in admission of residents into a nursing home as defined in section 19a-490, if (A) the nursing home is owned, operated by or affiliated with a religious organization [,] exempt from taxation for federal income tax purposes, and (B) the class of persons granted preference in admission is consistent with the religious mission of the nursing home. (5) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of lawful source of income shall not prohibit the denial of full and equal accommodations solely on the basis of insufficient income.
[(c) Any person who violates any provision of this section shall be guilty of a class D misdemeanor.]
Sec. 14. Section 46a-64c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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 race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial 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 race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial 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 race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial status, or [an] any intention to make any such preference, limitation or discrimination.
(4) (A) To represent to any person because of race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial 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 protected class 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 protected class 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; and "protected class" means race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial status.
(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 race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial status.
(6) (A) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a learning disability, intellectual disability or physical or mental disability of: (i) Such buyer or renter; (ii) a person residing in or intending to reside in such dwelling after it is so sold, rented, or made available; or (iii) any person associated with such buyer or renter.
(B) 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 with such dwelling, because of a learning disability, intellectual disability or physical or mental disability of: (i) Such person; or (ii) a person residing in or intending to reside in such dwelling after it is so sold, rented, or made available; or (iii) any person associated with such person.
(C) For purposes of this subdivision, discrimination includes: (i) A refusal to permit, at the expense of a person with a learning disability, intellectual disability or physical or mental disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) a refusal to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; (iii) in connection with the design and construction of covered multifamily dwellings for the first occupancy after March 13, 1991, a failure to design and construct those dwellings in such manner that they comply with the requirements of Section 804(f) of the Fair Housing Act or the provisions of the state building code as adopted pursuant to the provisions of sections 29-269 and 29-273, whichever requires greater accommodation. ["Covered multifamily dwellings" means buildings consisting of four or more units if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.]
(7) 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 race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial status.
(8) 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] such person in the terms or conditions of such access, membership or participation, [on account] because of race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial status.
(9) To coerce, intimidate, threaten [,] or interfere with any person in the exercise or enjoyment of, or on account of [his] such person's having exercised or enjoyed, or on account of [his] such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this section.
(b) (1) The provisions of this section shall not apply to (A) the rental of a room or rooms in a single-family dwelling unit if the owner actually maintains and occupies part of such living quarters as [his] such owner's residence or (B) a unit in a dwelling containing living quarters occupied or intended to be occupied by no more than two families living independently of each other, if the owner actually maintains and occupies the other such living quarters as [his] such owner's residence. (2) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of marital status shall not be construed to prohibit the denial of a dwelling to a man or a woman who are both unrelated by blood and not married to each other. (3) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of age shall not apply to minors, to special discount or other public or private programs to assist persons sixty years of age and older or to housing for older persons, [as defined in section 46a-64b,] provided there is no discrimination [on the basis] because of age among older persons eligible for such housing. (4) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of familial status shall not apply to housing for older persons [as defined in section 46a-64b] or to a unit in a dwelling containing units for no more than four families living independently of each other, if the owner of such dwelling resides in one of the units. (5) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of lawful source of income shall not prohibit the denial of full and equal accommodations solely on the basis of insufficient income. (6) The provisions of this section with respect to the prohibition of discrimination [on the basis] because of sex shall not apply to the rental of sleeping accommodations to the extent they utilize shared bathroom facilities when such sleeping accommodations are provided by associations and organizations which rent such sleeping accommodations on a temporary or permanent basis for the exclusive use of persons of the same sex based on considerations of privacy and modesty.
(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 [or section 46a-64b] shall be construed to invalidate or limit any state statute or municipal ordinance that requires dwellings to be designed and constructed in a manner that affords persons with physical or mental disabilities greater access than is required by this section. [or section 46a-64b.]
(e) Nothing in this section prohibits a person engaged in the business of furnishing appraisals of real property [to take] from taking into consideration factors other than race, [creed, color, national origin, ancestry, sex, gender identity or expression, marital status, age, lawful source of income, familial status, learning disability or physical or mental disability] color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, lawful source of income or familial status.
(f) 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] commission 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.
[(g) Any person who violates any provision of this section shall be guilty of a class D misdemeanor.]
(g) For purposes of this section, "mental disability" and "physical disability" include any handicap, as defined in the Fair Housing Act.
Sec. 15. Subsection (a) of section 46a-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) It shall be a discriminatory practice in violation of this section for any creditor to discriminate [on the basis] because of [sex, gender identity or expression, age,] race, color, [religious creed] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, [marital status] mental disability, intellectual disability, learning disability, [blindness] or physical disability against any person eighteen years of age or over in any credit transaction.
Sec. 16. Section 46a-67 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Banking Commissioner shall cooperate with the commission in its enforcement of sections [46a-65 to] 46a-66, as amended by this act, 46a-67, as amended by this act, [inclusive, 46a-81f] and 46a-98, as amended by this act.
(b) The Banking Commissioner 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-66, as amended by this act, 46a-67, as amended by this act, [inclusive, 46a-81f] and 46a-98, as amended by this act.
Sec. 17. Section 46a-68a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The commission may issue a certificate of noncompliance if the affirmative action plan required by section 46a-68, as amended by this act, is disapproved.
(b) The issuance of a certificate of noncompliance shall bar the agency, department, board or commission in noncompliance with section 46a-68, as amended by this act, from filling a position or position classification by hire or promotion upon receipt of the certificate, the provisions of any state law or regulation to the contrary notwithstanding, until: (1) The commission determines that the agency has achieved compliance with section 46a-68, as amended by this act, and withdraws the certificate; [or] (2) the commission, at a hearing requested by the agency, department, board or commission receiving the certificate and conducted by a presiding officer appointed by the [chairperson of the commission] chief referee, is unable to show cause why the certificate of noncompliance should not be rescinded or a court, upon appeal, so determines; or (3) the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management certify to the commission and the board of commissioners that the agency in noncompliance with section 46a-68, as amended by this act, requires immediate filling of the vacancy because failure to fill the position or position classification will cause an emergency situation to exist jeopardizing the public welfare. A separate certificate of exemption shall be required for each vacancy in a position or position classification with respect to which the Commissioner of Administrative Services and the Secretary of the Office of Policy and Management certify that an emergency situation exists.
(c) Hearings under this section shall be conducted in accordance with sections 4-176e to 4-182, inclusive.
(d) The commission shall adopt regulations in accordance with chapter 54 to implement this section.
Sec. 18. Subsection (a) of section 46a-70 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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 race, color, [religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including but not limited to, blindness] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability, unless it is shown by such state officials or supervisory personnel that such disability prevents performance of the work involved.
Sec. 19. Section 46a-70a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The Judicial Branch shall develop and implement an equal employment opportunities plan pursuant to federal law that commits the Judicial Branch to a program of equal employment opportunities in all aspects of personnel and administration. The Chief Court Administrator shall be responsible for developing, implementing and filing the plan with the [Commission on Human Rights and Opportunities] commission.
(b) The Judicial Branch shall comply with the provisions of subsection (b) of section 46a-68, section 46a-68g, subsections (a), (b) and (c) of section 46a-70, as amended by this act, subsections (a), (b) and (d) of section 46a-71, as amended by this act, subsections (a) and (c) of section 46a-77, as amended by this act. [subsections (a), (b) and (c) of section 46a-81h and section 46a-81i.]
(c) The Criminal Justice Commission shall comply with the provisions of subsections (a) and (b) of section 46a-68, sections 46a-68g, 46a-70, as amended by this act, and 46a-71, as amended by this act, subsections (a) and (c) of section 46a-77, as amended by this act. [and sections 46a-81h and 46a-81i.]
Sec. 20. Subsection (a) of section 46a-71 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) All services of every state agency shall be performed without discrimination [based upon] because of race, color, [religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability.
Sec. 21. Subsection (b) of section 46a-72 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) Any job request indicating an intention to exclude any person because of race, color, [religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability shall be rejected, unless it is shown by such public or private [employers] employer that such disability prevents performance of the work involved.
Sec. 22. Subsection (a) of section 46a-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) No state department, board or agency may grant, deny or revoke the license or charter of any person [on the grounds] because of race, color, [religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability, unless it is shown by such state department, board or agency that such disability prevents performance of the work involved.
Sec. 23. Subsection (a) of section 46a-75 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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 race, color, [religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability.
Sec. 24. Subsection (a) of section 46a-76 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Race, color, [religious creed, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability or physical disability, including, but not limited to, blindness] religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability shall not be considered as limiting factors in state-administered programs involving the distribution of funds to qualify applicants for benefits authorized by law.
Sec. 25. Subsection (c) of section 46a-77 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(c) Each state agency shall comply [in all of its services, programs and activities] with the [provisions of the] Americans with Disabilities Act [(42 USC 12101)] to the [same] extent that it provides rights and protections for persons with physical or mental disabilities beyond those provided for by the laws of this state.
Sec. 26. Section 46a-81p of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The provisions of [sections 4a-60a and 46a-81a to 46a-81o, inclusive,] section 4a-60, as amended by this act, and this chapter concerning the prohibition of discrimination because of sexual orientation shall not apply to a religious corporation, entity, association, educational institution or society with respect to the employment of individuals to perform work connected with the carrying on by such corporation, entity, association, educational institution or society of its activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law which are established by such corporation, entity, association, educational institution or society.
Sec. 27. Section 46a-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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, make, sign and] may file with the commission a complaint in writing under oath, [which] except that a complaint that alleges a violation of section 46a-64c, as amended by this act, need not be notarized. The complaint shall state the name and address of the person alleged to have committed the discriminatory practice, [and which shall set forth the particulars thereof] any act alleged to be a discriminatory practice and [contain] such other information as may be required by the commission. After the filing of a complaint, [pursuant to this subsection,] the commission shall [serve upon the person claiming to be aggrieved] 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 direct commission legal counsel to 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, as amended by this act, [4a-60a] or 4a-60g or the provisions of sections 46a-68c to 46a-68f, inclusive, may direct commission legal counsel to issue a complaint.
(d) The commission may direct commission legal counsel to 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, as amended by this act, [or 46a-81c] may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.
(f) Any complaint filed pursuant to this section must be filed within one hundred and eighty days after the alleged act of discrimination. [, except that any complaint by a person claiming to be aggrieved by a violation of subsection (a) of section 46a-80 must be filed within thirty days of the alleged act of discrimination.]
Sec. 28. Section 46a-82e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) [Notwithstanding the failure of the Commission on Human Rights and Opportunities to comply with the time requirements of sections 46a-83 and 46a-84 with respect to a complaint before the commission, the jurisdiction of the commission over any such complaint shall be retained.] The commission shall retain jurisdiction over any complaint where the commission failed to comply with the time requirements of sections 46a-83, as amended by this act, and 46a-84, as amended by this act.
(b) The commission shall report annually to the judiciary committee of the General Assembly and the Governor: (1) The number of cases in the previous fiscal year that exceeded the time frame, including authorized extensions, set forth in subsection [(e)] (g) of section 46a-83, as amended by this act; (2) the reasons for the failure to comply with the time frame; (3) the number of actions brought pursuant to subsection (d) of this section and the results thereof; and (4) the commission's recommendations for legislative action, if any, necessary for the commission to meet the statutory time frame.
(c) If a complaint has been pending for more than twenty-one months from the date of filing and the commission has not issued a finding of reasonable cause or no reasonable cause, the executive director shall notify the complainant [by first class mail, facsimile machine, electronic mail or a file transfer protocol site] that the complainant has the right to request a release of jurisdiction in accordance with section 46a-101, as amended by this act. The executive director or the executive director's designee shall investigate the cause for the delay in issuing a finding. After such investigation, the executive director may, given the facts and circumstances of the case, [schedule] specify a date [certain] for issuance of a finding. [of reasonable cause or no reasonable cause.]
(d) (1) If a complaint has been pending for more than two years after the date of filing pursuant to section 46a-82, as amended by this act, and if the investigator fails to issue a finding of reasonable cause or no reasonable cause by the date ordered by the executive director [of the commission] pursuant to subsection (c) of this section, the complainant or respondent may petition the superior court for the judicial district of Hartford for an order requiring the commission to issue a finding [of reasonable cause or no reasonable cause by a date certain] by a specified date. The petitioner shall submit the petition on forms prescribed by the Office of the Chief Court Administrator.
(2) The clerk, upon receipt of the petition and if the clerk finds it to be in the proper form, shall fix a date for the hearing and sign the notice of hearing. The hearing date shall be no more than thirty days after the clerk signs the notice. Service shall be made on the commission and all persons named in the discriminatory practice complaint at least twenty days prior to the date of hearing by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. Service on the commission shall be made on the executive director. [of the commission or a commission legal counsel.] Within five days of service, the petitioner shall file with the court an affidavit stating the date and manner in which a copy of the petition was served and attach to the affidavit the return receipts indicating delivery of the petition. If the return receipts are not available at the time the petitioner files such affidavit, such receipts shall be filed with the court immediately after the petitioner receives such receipts.
(3) Within ten days after receipt of the petition, any party, including the commission, may file an answer. The commission and all persons named in the [discriminatory practice complaint] petition shall have the right to appear and be heard at the hearing.
(4) If the commission and parties agree on a date, [certain,] the court shall order the commission to issue a finding [by said date] of reasonable cause or no reasonable cause by such date. If the allegations of the petition are contested, the court shall hold a hearing [on the petition] and issue an appropriate order. [Hearing of oral argument on the petition] Hearings held pursuant to this subdivision shall take precedence over other matters in the court, as provided in section 46a-96. The court [shall] may award court costs and attorney's fees to the petitioner, provided [such party] the petitioner is a "person", as defined in section 4-184a, unless the commission shows good cause for not issuing the finding of reasonable cause or no reasonable cause [within two years of the date of filing or] by the date ordered by the executive director for the investigator to issue such finding. [, whichever is later.] An award of court costs and attorney's fees shall be subject to the court's discretion, but shall not exceed a total of five hundred dollars.
(5) This subsection shall not apply to complaints initiated by the commission or to pattern or practice or systemic cases.
Sec. 29. Section 46a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Within [twenty] fifteen days after the filing of any discriminatory practice complaint pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, or an amendment to such complaint adding an additional respondent, the commission shall [provide] serve the respondent by first class mail, facsimile machine, electronic mail or a file transfer protocol site with the complaint and a notice advising of the procedural rights and obligations of a respondent under this chapter. Except for complaints alleging a violation of section 46a-64c, as amended by this act, the respondent shall either (1) file a written answer to the complaint as provided in subsection (b) of this section, or (2) not later than ten days after the date of receipt of the complaint, provide written notification to the complainant and the commission that the respondent has elected to participate in no-fault conciliation. Unless the date of receipt of a complaint by the respondent is otherwise proven, a complaint sent by first class mail shall be considered to be received not later than two days after the date of mailing. A complaint sent by facsimile machine, electronic mail or file transfer protocol site shall be considered to be received on the date on which it was sent. The commission shall conduct a no-fault conciliation conference not later than thirty days after the date of receiving the respondent's request for no fault conciliation.
(b) The respondent shall file a written answer to the complaint under oath with the commission within thirty days of receipt of the complaint or within thirty days of the date the commission determines that the no-fault conciliation conference was unsuccessful, provided a respondent may request, and the commission may grant [, for good cause shown,] one extension of time of fifteen days within which to file an answer. [to a complaint.] The answer to any complaint alleging a violation of section 46a-64c, as amended by this act, [or 46a-81e] shall be filed within ten days of receipt. Answers to any amendment to a complaint shall be subject to the time frames prescribed in this subsection.
[(b)] (c) Within [ninety] sixty days of the filing of the respondent's answer to the complaint, the executive director or the executive director's designee shall conduct a [merit] case assessment review to determine whether the complaint should be retained for further processing or dismissed because it fails to state a claim for relief or is frivolous on its face, because the respondent is exempt from the provisions of this chapter or because there is no reasonable possibility that investigating the complaint will result in a finding of reasonable cause. The [merit] case assessment review shall include the complaint, the respondent's answer and the responses to the commission's requests for information, if any, and the complainant's comments, if any, to the respondent's answer and information responses. [If the executive director or the executive director's designee determines that the complaint fails to state a claim for relief or is frivolous on its face, that the respondent is exempt from the provisions of this chapter or that there is no reasonable possibility that investigating the complaint will result in a finding of reasonable cause, the executive director or the executive director's designee shall dismiss the complaint and send notice of dismissal pursuant to section 46a-86a. Within fifteen days of the sending of the notice of dismissal, the complainant may request a release of jurisdiction allowing the complainant to bring a civil action under section 46a-100. If the complainant does not request a release of jurisdiction, commission legal counsel shall conduct a legal review of any complaint dismissed pursuant to this subsection and shall reinstate or deny reinstatement of the complaint within sixty days of the sending of the notice of dismissal. The executive director or the executive director's designee shall send notice of any action taken pursuant to the merit assessment review and the legal review conducted pursuant to this subsection in accordance with section 46a-86a.] No complaint may be dismissed unless a commission legal counsel approves the dismissal. The executive director or the executive director's designee shall issue a release of jurisdiction allowing the complainant to bring a civil action under section 46a-100 for complaints dismissed pursuant to this subsection. This subsection and subsections (d) and (e) of this section shall not apply to any complaint alleging a violation of section 46a-64c, as amended by this act. [or 46a-81e.] The executive director shall report the results of the [merit] case assessment reviews made pursuant to this subsection to the commission quarterly during each year.
[(c) (1) If a complaint is not dismissed after the merit assessment review pursuant to subsection (b) of this section or if a complaint is reinstated after legal review pursuant to said subsection (b), the]
(d) The executive director or the executive director's designee shall assign an investigator or commission legal counsel to hold a mandatory mediation conference within sixty days of [sending] serving notice [of action taken pursuant to the merit assessment review or legal review] that a complaint has been retained pursuant to the case assessment review. A mediation conference may but need not be held if the commission has held a no-fault conciliation conference. The investigator or commission legal counsel assigned to conduct the mediation shall not be assigned to investigate the complaint. The mandatory mediation conference may not be scheduled for the same [time] day as a fact-finding conference held pursuant to subsection [(d)] (f) of this section. The mediator may hold additional mediation conferences to accommodate settlement discussions.
[(2) If] (e) (1) For complaints filed on or before December 31, 2014, if the complaint is not resolved after the mandatory mediation conference, the complainant, the respondent or the commission may at any time after such conference request early legal intervention. If a request for early legal intervention is made, the executive director or the executive director's designee shall determine within ninety days of the request whether [(A) the complaint should be heard pursuant to section 46a-84, (B) the complaint should be processed pursuant to subsection (d) of this section, or (C) the complainant should be released] the complaint should be (A) heard pursuant to section 46a-84, as amended by this act, (B) investigated pursuant to subsection (f) of this section by an investigator working under a regional manager or commission legal counsel, or (C) released from the jurisdiction of the commission. In making such determination, the executive director or the executive director's designee may hold additional proceedings and may utilize and direct commission staff. If the executive director or the executive director's designee determines that the complaint should be processed pursuant to subsection [(d)] (f) of this section, the executive director or the executive director's designee may recommend that the investigator make a finding of no reasonable cause. [If the executive director or the executive director's designee recommends that the investigator make a finding of no reasonable cause, the] The investigator shall make such a finding unless the investigator believes the executive director or the executive director's designee made a mistake of fact. If the investigator intends to make a finding of reasonable cause after the executive director or the executive director's designee recommends otherwise, the investigator shall consult with the executive director or the executive director's designee.
[(3) If the complaint is not resolved after the mandatory mediation conference, the complainant or the respondent may request the commission to hold additional mediation conferences.
(4) The commission may dismiss the complaint if (A) a complainant, after notice and without good cause, fails to attend a mandatory mediation conference; or (B) the respondent has eliminated the discriminatory practice complained of, taken steps to prevent a like occurrence in the future and offered full relief to the complainant, even though the complainant has refused such relief.]
(2) For complaints filed after December 31, 2014, if the complaint is not resolved after the mandatory mediation conference, commission legal counsel shall conduct an early legal intervention not later than ninety days after the date of the mandatory mediation conference to determine whether the complaint should be (A) heard pursuant to section 46a-84, as amended by this act, (B) investigated pursuant to subsection (f) of this section by an investigator working under a regional manager or commission legal counsel, or (C) released from the jurisdiction of the commission. In making such determination, commission legal counsel may hold additional proceedings and may utilize and direct commission staff. No finding of reasonable cause or no reasonable cause or other dismissal may be made unless a commission legal counsel approves the decision. In reviewing such decision, commission legal counsel may order additional proceedings and may utilize and direct commission staff.
[(d)] (f) If the complaint is not resolved after the mandatory mediation conference held pursuant to subsection [(c)] (d) of this section or if the executive director, the executive director's designee or commission legal counsel determines that the complaint should be processed pursuant to this subsection in accordance with [subdivision (2) of subsection (c)] subsection (e) of this section, the executive director or the executive director's designee shall assign an investigator to process the complaint within fifteen days after the [mandatory mediation conference] date on which mediation failed or the decision to conduct an investigation was made, as applicable. The investigator may conduct a fact-finding conference, a complete investigation, including, but not limited to, individual witness interviews, requests for voluntary disclosure of information, subpoenas of witnesses or documents, requests for admission of facts, interrogatories, site visits or any other lawful means of finding facts, or any combination thereof for the purpose of determining if there is reasonable cause for believing that a discriminatory practice has been or is being committed as alleged in the complaint. [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. The executive director or the executive director's designee may dismiss the complaint if the complainant, after notice, and without good cause, fails to attend a fact-finding conference.]
[(e)] (g) (1) Before issuing a finding of reasonable cause or no reasonable cause, the investigator shall afford each party and each party's representative an opportunity to provide written or oral comments on all evidence in the commission's file, except as otherwise provided by federal law or the general statutes. The investigator shall consider such comments before making a finding. The investigator shall make a finding of reasonable cause or no reasonable cause in writing and shall list the factual findings on which it is based not later than one hundred ninety days from the date of the [merit] case assessment review, except that for good cause shown, the executive director or the executive director's designee may grant no more than two extensions of the investigation of three months each.
(2) If the investigator makes a finding that there is reasonable cause to believe that a violation of section 46a-64c, as amended by this act, has occurred, the complainant and the respondent shall have twenty days from sending of the reasonable cause finding to elect a civil action in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act. If either the complainant or the respondent requests a civil action, the commission, through the Attorney General or a commission legal counsel, shall commence an action pursuant to subsection (b) of section 46a-89, as amended by this act, within ninety days of receipt of the notice of election. If the Attorney General or a commission legal counsel believes that injunctive relief, punitive damages or a civil penalty would be appropriate, such relief, damages or penalty may also be sought. The jurisdiction of the Superior Court in an action brought under this subdivision shall be limited to such claims, counterclaims, defenses or the like that could be presented at an administrative hearing before the commission, had the complaint remained with the commission for disposition. A complainant may intervene as a matter of right in a civil action without permission of the court or the parties. If the Attorney General or commission legal counsel, as the case may be, determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint. If the Attorney General or a commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause, the Attorney General or a commission legal counsel may decline to bring a civil action and shall remand the file to the investigator for further action. The investigator shall complete any such action not later than ninety days after receipt of such file.
[(f)] (h) If the investigator issues a finding of no reasonable cause or if the complaint is dismissed pursuant to subsection [(d)] (m) of this section, the complainant may file a written request for reconsideration with the executive director or the executive director's designee, not later than fifteen days from the sending of such finding or dismissal. A request for reconsideration shall state specifically the reasons why reconsideration should be granted. [The executive director or the executive director's designee] Commission legal counsel shall grant or reject reconsideration within ninety days of the sending of such finding or dismissal. [The executive director or the executive director's designee] Commission legal counsel shall conduct such additional proceedings as may be necessary to render a decision on the request.
[(g)] (i) After finding that there is reasonable cause to believe that a discriminatory practice has been or is being committed as alleged in the complaint, an investigator shall attempt to eliminate the practice complained of by conference, conciliation and persuasion within [fifty] thirty days of the finding. The refusal to accept a settlement shall not be grounds for dismissal of any complaint.
[(h)] (j) No commissioner or employee of the commission may disclose, except to the parties or their representatives, what has occurred in the course of [such endeavors] the commission's processing of a complaint, provided the commission may publish the facts in the case and any complaint which has been dismissed and the terms of conciliation when a complaint has been adjusted. Each party and his or her representative shall have the right to inspect and copy documents, statements of witnesses and other evidence pertaining to the complaint, except as otherwise provided by federal law or the general statutes.
[(i)] (k) In the investigation of any complaint filed pursuant to this chapter, [the] commission legal counsel may issue subpoenas requiring the production of records and other documents or compelling the attendance of witnesses. Where both the complainant and respondent are represented by counsel, commission legal counsel may order the parties to conduct discovery, limited to interrogatories and the production of documents, to assist the commission in processing the complaint.
[(j)] (l) The executive director or the executive director's designee may enter an order of default against a respondent who (1) after notice, fails to answer a complaint in accordance with subsection (a) of this section or within such extension of time as may have been granted; (2) fails to answer interrogatories issued pursuant to subdivision (11) of section 46a-54, as amended by this act, or fails to respond to a subpoena issued pursuant to subsection [(i)] (k) of this section or subdivision (9) of section 46a-54, as amended by this act, provided the executive director or the executive director's designee shall consider any timely filed objection; (3) after notice and without good cause, fails to attend a fact-finding conference; or (4) after notice and without good cause, fails to attend a mandatory mediation conference. Upon entry of an order of default, the [executive director or the executive director's designee] chief referee shall appoint a presiding officer to enter, after notice and hearing, an order eliminating the discriminatory practice complained of and making the complainant whole. The respondent may make application to the executive director or the executive director's designee to vacate the default. The commission or the complainant may petition the Superior Court for enforcement of any order for relief pursuant to section 46a-95, as amended by this act.
(m) The executive director or the executive director's designee may enter an order of dismissal against a complainant who (1) after notice and without good cause, fails to attend a fact-finding conference; (2) after notice and without good cause, fails to attend a mandatory mediation conference; or (3) refuses to accept an offer of settlement where the respondent has eliminated the discriminatory practice complained of, taken steps to prevent a like occurrence in the future and offered full relief to the complainant.
Sec. 30. Section 46a-83a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
[If (1) a complainant requests a release of jurisdiction pursuant to subsection (b) of section 46a-83, (2) a commission legal counsel denies reinstatement of a complaint pursuant to subsection (b) of said section, or (3)] If a complaint is dismissed for failure to accept full relief pursuant to subsection [(c) of said section] (m) of section 46a-83, as amended by this act, and the complainant does not request reconsideration of such dismissal as provided in subsection [(f) of said section] (h) of section 46a-83, as amended by this act, the executive director shall issue a release and the complainant may, within ninety days of receipt of the release from the commission, bring an action in accordance with sections 46a-100 and 46a-102 to 46a-104, inclusive, as amended by this act.
Sec. 31. Section 46a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) If the investigator fails to eliminate a discriminatory practice complained of pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, within fifty days of a finding of reasonable cause, the investigator shall, within ten days, certify the complaint and the results of the investigation to the executive director of the commission and to the Attorney General. The investigator's conclusion that conciliation has failed shall be conclusive on the issue.
(b) Upon certification of a complaint filed pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, or upon the filing of a complaint pursuant to subsection (c) of said section, or upon a decision to send a complaint directly to public hearing made pursuant to subsection (e) of section 46a-83, as amended by this act, the [Chief Human Rights Referee] chief referee shall appoint [, for a complaint filed pursuant to said subsection (a) or (b), a hearing officer, hearing adjudicator or human rights referee, and for a complaint filed pursuant to said subsection (c), a hearing officer or human rights referee,] a referee to act as a presiding officer to hear the complaint. [or] The chief referee may also appoint an individual authorized by subsection (e) of this section or a referee to conduct settlement negotiations. [and shall cause to be issued and served] The chief referee shall serve in the name of the commission a [written notice, together with a] copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint, [at a hearing before the presiding officer or hearing adjudicator at a time and place to be specified in the notice] together with a written notice requiring the respondent to appear at a hearing or settlement conference on the date and at the time specified in the notice. A hearing on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint. Such hearing shall be a de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification. A hearing on a complaint filed pursuant to subsection (c) of section 46a-82, as amended by this act, shall be commenced by convening a hearing conference not later than twenty days after the date of notice of such complaint. Hearings shall proceed with reasonable dispatch and be concluded in accordance with the provisions of section 4-180.
[(c) The place of any hearing may be the office of the commission or another place designated by the commission]
(c) The place of any hearing, hearing conference or settlement conference shall be the commission's administrative office in Hartford, unless all parties mutually agree to an alternate location.
(d) The case in support of the complaint shall be presented at the hearing by the Attorney General, who shall be counsel for the commission, or by a commission legal counsel as provided in section 46a-55. [, as the case may be.] If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, as amended by this act, or the commission legal counsel determines that a case sent to public hearing pursuant to subsection (e) of section 46a-83, as amended by this act, should be further investigated, the Attorney General or the commission legal counsel may withdraw the certification of the complaint or the decision to send the complaint to public hearing and remand the file to the investigator for further action. The investigator shall complete any required action not later than ninety days after receipt of such file. The complainant may be represented by an attorney of the complainant's own choice. If the Attorney General or the commission legal counsel [, as the case may be,] determines that the interests of the state will not be adversely affected, the complainant or the attorney for the complainant shall present all or part of the case in support of the complaint. No commissioner may participate in the deliberations of the presiding officer in the case.
(e) A [hearing officer, hearing adjudicator, human rights] referee or attorney who volunteers service pursuant to subdivision (18) of section 46a-54, as amended by this act, may supervise settlement endeavors. [, or, in] In employment discrimination cases only, the complainant and respondent, with the permission of the [commission] chief referee, may engage in alternate dispute resolution endeavors for not more than three months. The cost of such alternate dispute resolution endeavors shall be borne by the complainant or the respondent, or both, and not by the commission. Any endeavors or negotiations for conciliation, settlement or alternate dispute resolution shall not be received in evidence.
(f) The respondent [may] shall file a written answer to the complaint under oath and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. If the respondent fails to file a written answer [prior to the hearing within the time limits established by regulation adopted by the commission in accordance with chapter 54] not later than fifteen days after service of the complaint, or fails to appear at the hearing, hearing conference or settlement conference after notice in accordance with section 4-177, the presiding officer or [hearing adjudicator] a referee or an attorney who volunteers services pursuant to subsection (e) of this section may enter an order of default and order such relief as is necessary to eliminate the discriminatory practice and make the complainant whole, except that if the default was entered by an attorney who volunteers services pursuant to subsection (e) of this section, the chief referee shall appoint a referee to act as a presiding officer to award relief. The commission or the complainant may petition the Superior Court for enforcement of any such order [for relief] entered pursuant to [the provisions of] section 46a-95, as amended by this act.
(g) The presiding officer [or hearing adjudicator] conducting any hearing shall permit reasonable amendment to any complaint or answer and the testimony taken at the hearing shall be under oath and be transcribed at the request of any party.
Sec. 32. Section 46a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) If, upon all the evidence presented at the hearing conducted pursuant to section 46a-84, as amended by this act, the presiding officer finds that a respondent has engaged in any discriminatory practice, the presiding officer shall [state the presiding officer's] make written findings of fact and [shall issue and] file with the commission and [cause to be served] serve on the complainant and 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] 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 may order the hiring or reinstatement of [employees] any individual, with or without back pay, or restoration to membership in any respondent labor organization. [, provided, liability] 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] 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 under this section, upon a finding of a discriminatory practice prohibited by section 46a-58, as amended by this act, 46a-59, as amended by this act, 46a-64, as amended by this act, or 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, as amended by this act, [or 46a-81f,] the presiding officer shall [issue and] file with the commission and [cause to be served] 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, as amended by this act, [or 4a-60a] or the provisions of sections 46a-68c to 46a-68f, inclusive, the presiding officer shall [issue and] file with the commission and [cause to be served] serve on the respondent an order with respect to any remedial action imposed [by the presiding officer] pursuant to subsection (c) or (d) of section 46a-56, as amended by this act.
(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 [state the presiding officer's] make written findings of fact and shall [issue and] file with the commission and [cause to be served] 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, including, but not limited to, provisions concerning an individual development [accounts] account, as defined in section 31-51ww.
Sec. 33. Section 46a-86a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The [Commission on Human Rights and Opportunities shall inform] commission shall serve all papers on the complainant and the respondent, [of] including any finding, closure, dismissal, notice, complaint or other determination or proceeding concerning the complaint, [filed by such complainant] by first class mail, facsimile machine, electronic mail or a file transfer protocol site.
Sec. 34. Section 46a-87 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Contumacy or refusal to obey subpoena issued pursuant to this chapter shall constitute contempt punishable, upon the application of the authority issuing such subpoena, by the [Superior Court for the] superior court for the judicial district of Hartford, judicial district in which the hearing is held or the investigation is conducted or the judicial district in which the witness resides or transacts business. An objection that has not been raised before the commission to defeat or excuse compliance with the subpoena may not be presented to or relied on by the court.
(b) No person may be excused from [attending and] testifying or from producing records [, correspondence, documents] or other evidence in obedience to a subpoena [,] on the ground that the testimony or evidence required of [him] such person may tend to incriminate [him] such person or subject [him] such person to a penalty or forfeiture. [, but no person] No person, after having claimed the privilege against self-incrimination, may be prosecuted or subjected to any penalty [or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence] for any matter revealed by such testimony or production, provided such testimony or production is compelled by this section, except that [such person so testifying shall not] no such person shall be exempt from prosecution and punishment for perjury committed in so testifying. The immunity [herein] provided in this subsection shall extend only to natural persons [so] compelled to testify or produce records or other evidence.
Sec. 35. Section 46a-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Upon the failure of any person to answer interrogatories issued pursuant to subsection (11) of section 46a-54, as amended by this act, the commission may file a petition with the interrogatories attached with the [Superior Court of] superior court for the judicial district of Hartford, the judicial district in which the violation is alleged to have occurred or [where] the judicial district in which such person resides or transacts business, requesting the court to order that an answer be filed.
(b) The commission shall [cause] serve a copy of the petition provided for in subsection (a) of this section [to be sent] by registered or certified mail to the person from whom such answers are sought or [his] such person's legal representative.
(c) The court shall assume jurisdiction over the proceedings provided for in this section and [may] shall, after hearing [,] or in the absence of objection, enter an order which it deems appropriate. An objection that has not been raised before the commission to defeat or excuse compliance with the interrogatories may not be presented to or relied on by the court.
[(d) The proceedings provided for in this section shall conform to the rules of practice of the Superior Court.]
Sec. 36. Section 46a-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) (1) Whenever a complaint [is filed with or by the commission] filed pursuant to section 46a-82, as amended by this act, [alleging] alleges a violation of section 46a-60, as amended by this act, or [46a-81c, and a commissioner believes, upon review and the recommendation of the investigator assigned,] section 9 of this act and the commission believes that equitable relief is required to prevent irreparable harm to the complainant, the [commissioner] commission may bring a petition [in equity] in the superior court for the judicial district of Hartford, the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides, provided this subdivision 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 that 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, as amended by this act, the respondent shall be temporarily restrained from taking any action that would render ineffectual the temporary injunctive relief [prayed for] requested 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, as amended by this act, from being carried out by another employee and the notice shall so provide.
(b) (1) Whenever a complaint filed pursuant to section 46a-82, as amended by this act, alleges a violation of section 46a-64, as amended by this act, or 46a-64c, as amended by this act, [46a-81d or 46a-81e, and a commissioner] the commission believes that injunctive relief is required or that the imposition of punitive damages or a civil penalty would be appropriate, the commission may bring a petition in the superior court for the judicial district in [which] that the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides.
(2) The petition shall seek: (A) Appropriate injunctive relief, including temporary or permanent orders or decrees restraining and enjoining the respondent 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 such complaint by the commission or such petition by the court; (B) an award of damages based on the remedies available under subsection (c) of section 46a-86, as amended by this act; (C) an award of punitive damages payable to the complainant, not to exceed fifty thousand dollars; (D) 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 clauses (ii) and (iii) of this subparagraph may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred; or (E) two or more of such remedies.
(3) Upon service on the respondent of notice pursuant to section 46a-89a, as amended by this act, 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, or from otherwise making such dwelling or commercial property unavailable to the complainant, until the court or judge has decided the petition for temporary injunctive relief and the notice shall so provide.
Sec. 37. Section 46a-89a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The [court, or any judge of the court when such court is not actually in session,] superior court may grant an injunction [forthwith] immediately, if the circumstances of the case demand it, or the court [or judge] may cause immediate notice of the petition to be given to the adverse party [, that he may] to show cause why such injunction should not be granted. [; but no] No temporary injunction may be granted without notice to the adverse party unless it clearly appears from the specific facts shown by affidavit or by verified complaint that irreparable loss or damage will result to the complainant before the matter can be heard.
(b) The court, [or any judge thereof,] after hearing, shall issue a temporary injunction upon a finding that irreparable loss or damage will result to the complainant in that (1) there is a substantial probability of loss of meaningful relief including but not limited to the availability of an employment opportunity or the rental or sale of a dwelling or commercial property, or (2) there is a substantial probability of interference with the ability of the commission to provide meaningful relief as authorized by this chapter.
(c) Upon rendering a decision in favor of the commission on the petition for temporary injunctive relief, the court [or judge] shall simultaneously enter an order granting temporary injunctive relief and such other relief as deemed necessary and remand the complaint to the commission for further proceedings pursuant to this chapter.
(d) Upon rendering a decision in favor of the respondent on the petition for temporary injunctive relief, the court [or judge] shall simultaneously enter an order dissolving any injunctive relief, order, decree, temporary relief or restraining order [theretofore] previously issued [against the respondent in the matter] and remand the matter to the commission.
(e) Commencement of proceedings pursuant to section 46a-89, as amended by this act, this section or section 46a-90a, as amended by this act, shall not bar the commission from processing the complaint pursuant to the procedures set forth in this chapter.
Sec. 38. Section 46a-90a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The [chairperson of the commission] chief referee shall schedule a date for a hearing pursuant to section 46a-84, as amended by this act, to be held within forty-five days of any temporary injunctive relief or restraining order issued pursuant to section 46a-89a, as amended by this act. Such temporary injunctive relief or restraining order shall remain in effect until the presiding officer renders [his] a decision on the complaint. If the commission does not conduct its hearing procedure with reasonable [dispatch] speed, 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] a 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, as amended by this act, 46a-64, as amended by this act, 46a-64c, as amended by this act, [46a-81c, 46a-81d or 46a-81e] or section 9 of this act and grants relief on the complaint [, which relief requires that such] requiring that a temporary injunction remain in effect, the commission [chairperson] may, through the procedure outlined in subsection (a) of section 46a-95, as amended by this act, 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, as amended by this act, shall remain in effect during any appeal under section 46a-94a, as amended by this act, or any enforcement procedure under section 46a-95, as amended by this act, unless removed by the court. [or a judge thereof.]
Sec. 39. Section 46a-94 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) An appeal to the Appellate Court shall lie from any judgment, injunctive relief, order or decree entered pursuant to section 46a-89, as amended by this act, 46a-89a, as amended by this act, or 46a-90a, as amended by this act.
(b) In any appeal to the Appellate Court under [the provisions of] this section, any judge of the Appellate Court, on written application, after oral hearing: (1) May order a party who has filed a notice of intent to appeal either to appeal or withdraw such notice of appeal, and (2) may make such orders as will expedite the appeal.
Sec. 40. Section 46a-94a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The [Commission on Human Rights and Opportunities] commission, any respondent or any complainant aggrieved by a final order of a presiding officer [or any complainant] may appeal to the Superior Court in accordance with section 4-183. Any complainant may appeal to the Superior Court in accordance with section 4-183 if the complainant is aggrieved by (1) the dismissal of his or her complaint by the commission for failure to attend a mandatory mediation session as provided in subsection [(c)] (m) of section 46a-83, as amended by this act, (2) a finding of no reasonable cause as provided in subsection [(e) of said] (g) of section 46a-83, as amended by this act, or (3) a rejection of reconsideration, [of any dismissal] as provided in subsection [(f) of said] (h) of section 46a-83, as amended by this act. [may appeal therefrom in accordance with section 4-183. The court on appeal shall also have jurisdiction to grant to the commission, respondent or complainant such temporary relief or restraining order as it deems just and suitable, and in like manner to make and enter a decree enforcing or modifying and enforcing as so modified or setting aside, in whole or in part, the order sought to be reviewed.]
(b) Notwithstanding the provisions of subsection (a) of this section, a complainant may not appeal the dismissal of his or her complaint if [he] the complainant has been granted a release pursuant to section 46a-101, as amended by this act.
(c) The commission on its own motion may, whenever justice so requires, reopen any matter previously closed [by the commission] in accordance with [the provisions of] this subsection, provided such matter has not been appealed to the Superior Court pursuant to [section 4-183] subsection (a) of this section. Notice of such reopening shall be given to all parties. A complainant or respondent may, for good cause shown, in the interest of justice, apply in writing for the reopening of a previously closed proceeding provided such application is filed with the executive director of the commission within two years of the commission's final decision and the complainant has (1) not been issued a release of jurisdiction pursuant to section 46a-83a, as amended by this act, and filed a civil action, or (2) requested and received a release of jurisdiction from the commission pursuant to section 46a-101, as amended by this act.
(d) The standards for reopening a matter may include, but are not limited to: (1) A material mistake of fact or law has occurred; (2) the finding is arbitrary or capricious; (3) the finding is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; and (4) new evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during the investigation.
Sec. 41. Subsection (a) of section 46a-95 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) The commission, through the Attorney General or a commission legal counsel, or the complainant may petition the superior court for the judicial district of Hartford, the judicial district [where] in which any discriminatory practice occurred or the judicial district in which any person charged with a discriminatory practice resides or transacts business for the enforcement of any order issued by a presiding officer under this chapter and for appropriate temporary relief [of] or a restraining order.
Sec. 42. Section 46a-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) Any employer, employment agency or labor organization [which] that fails to post such notices of statutory provisions as the commission may require pursuant to subsection (13) or (15) of section 46a-54, as amended by this act, shall be subject to a fine of not more than two hundred fifty dollars.
(b) Any person who fails to post such notices of statutory provisions as the commission may require pursuant to subsection (14) of section 46a-54, as amended by this act, shall be fined not more than two hundred fifty dollars.
Sec. 43. Section 46a-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(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, as amended by this act, any person claiming to be aggrieved by a violation of section 46a-66, as amended by this act, or [46a-81f] 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, as amended by this act, [or 46a-81f] or the regulations adopted pursuant to section 46a-67, as amended by this act, 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, as amended by this act, [or 46a-81f] or the regulations adopted pursuant to section 46a-67, as amended by this act, 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, as amended by this act, [or 46a-81f] or the regulations adopted pursuant to section 46a-67, as amended by this act, 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. 44. Section 46a-99 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any person claiming to be aggrieved by a violation of any provision of sections 46a-70 to 46a-78, inclusive, as amended by this act, [or sections 46a-81h to 46a-81o, inclusive,] may petition the Superior Court for appropriate relief and [said] the court shall have the power to grant such relief, by injunction or otherwise, as it deems just and suitable.
Sec. 45. Section 46a-100 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any person who has [timely] filed a complaint with the [Commission on Human Rights and Opportunities] commission in accordance with section 46a-82, as amended by this act, and who has obtained a release [from the commission] of jurisdiction in accordance with section 46a-83a, as amended by this act, or 46a-101, as amended by this act, may [also] bring an action in the superior court for the judicial district in which the discriminatory practice is alleged to have occurred, [or] the judicial district in which the respondent transacts business or the judicial district in which the complainant resides, except any action involving a state agency or official may be brought in the superior court for the judicial district of Hartford.
Sec. 46. Section 46a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) No action may be brought in accordance with section 46a-100, as amended by this act, unless the complainant has received a release of jurisdiction from the commission in accordance with the provisions of this section.
(b) The complainant and the respondent [, by themselves or their attorneys,] may jointly request that the complainant receive a release from the commission at any time from the date of filing the complaint. The complainant [or the complainant's attorney] may request a release from the commission if the complaint is still pending after the expiration of one hundred eighty days from the date of its filing or after a [merit] case assessment review in accordance with subsection [(b)] (c) of section 46a-83, as amended by this act, whichever is earlier. The executive director or the executive director's designee shall conduct an expedited [merit] case assessment review in accordance with subsection [(b)] (c) of section 46a-83, as amended by this act, if the commission receives a request for a release of jurisdiction from the complainant [or the complainant's attorney] prior to one hundred eighty days from the date a complaint is filed.
(c) The executive director [of the commission] or the executive director's designee shall grant a release of jurisdiction, allowing the complainant to bring a civil action, within ten business days after receipt of the request for the release, except that if a case is scheduled for public hearing or the request for a release of jurisdiction is received more than two years after the date the complaint was filed with the commission, the executive director or the executive director's designee may decline to issue a release. The commission may defer acting on a request for a release for thirty days if the executive director [of the commission, or his] or the executive director's designee [,] certifies that [he has] there is reason to believe that the complaint may be resolved within that period.
(d) Upon granting a release, the commission shall dismiss or otherwise administratively dispose of the discriminatory practice complaint pending with the commission without cost or penalty assessed to any party.
(e) Any action brought by the complainant in accordance with section 46a-100, as amended by this act, shall be brought within ninety days of the receipt of the release from the commission.
Sec. 47. Section 46a-102 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any action brought in accordance with section 46a-100, as amended by this act, shall be brought within two years of the date of filing of the complaint with the commission. [, except that an action may be brought within six months of October 1, 1991, with respect to an alleged violation provided a complaint concerning such violation has been pending with the commission for more than one year as of October 1, 1991, unless the complaint has been scheduled for a hearing.]
Sec. 48. Section 46a-103 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The complainant [or his attorney] shall serve a copy of the complaint in an action brought in accordance with section 46a-100, as amended by this act, on the executive director of the commission at the same time all other parties [in such action] are served. Service on the [commission] executive director shall be for the purpose of providing legal notice of the action and shall not [thereby] make the commission a [necessary] party to the action. The commission, through its counsel or the Attorney General, may intervene as a matter of right without permission of the court or the parties in any action brought in accordance with section 46a-100, as amended by this act.
Sec. 49. (NEW) (Effective July 1, 2014) Whenever the commission believes that section 46a-58 of the general statutes, as amended by this act, section 46a-64 of the general statutes, as amended by this act, or section 46a-64c, as amended by this act, has been or is being violated, the executive director or the executive director's designee may refer the matter to the state's attorney for possible prosecution in accordance with the criminal laws of this state.
Sec. 50. Section 53-37 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Any person who, by his or her advertisement, ridicules or holds up to contempt any person or class of persons, [on account] because of the [creed, religion, color, denomination, nationality or] race, color, religion, age, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability or physical disability of such person or class of persons, shall be guilty of a class D misdemeanor.
Sec. 51. Subsection (b) of section 32-235 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) The proceeds of the sale of said bonds, to the extent of the amount stated in subsection (a) of this section, shall be used by the Department of Economic and Community Development (1) for the purposes of sections 32-220 to 32-234, inclusive, including economic cluster-related programs and activities, and for the Connecticut job training finance demonstration program pursuant to sections 32-23uu and 32-23vv, provided (A) three million dollars shall be used by said department solely for the purposes of section 32-23uu and not more than five million two hundred fifty thousand dollars of the amount stated in said subsection (a) may be used by said department for the purposes of section 31-3u, (B) not less than one million dollars shall be used for an educational technology grant to the deployment center program and the nonprofit business consortium deployment center approved pursuant to section 32-41l, (C) not less than two million dollars shall be used by said department for the establishment of a pilot program to make grants to businesses in designated areas of the state for construction, renovation or improvement of small manufacturing facilities, provided such grants are matched by the business, a municipality or another financing entity. The Commissioner of Economic and Community Development shall designate areas of the state where manufacturing is a substantial part of the local economy and shall make grants under such pilot program which are likely to produce a significant economic development benefit for the designated area, (D) five million dollars may be used by said department for the manufacturing competitiveness grants program, (E) one million dollars shall be used by said department for the purpose of a grant to the Connecticut Center for Advanced Technology, for the purposes of subdivision (5) of subsection (a) of section 32-7f, (F) fifty million dollars shall be used by said department for the purpose of grants to the United States Department of the Navy, the United States Department of Defense or eligible applicants for projects related to the enhancement of infrastructure for long-term, on-going naval operations at the United States Naval Submarine Base-New London, located in Groton, which will increase the military value of said base. Such projects shall not be subject to the provisions of [sections] section 4a-60, as amended by this act, [and 4a-60a,] (G) two million dollars shall be used by said department for the purpose of a grant to the Connecticut Center for Advanced Technology, Inc., for manufacturing initiatives, including aerospace and defense, and (H) four million dollars shall be used by said department for the purpose of a grant to companies adversely impacted by the construction at the Quinnipiac Bridge, where such grant may be used to offset the increase in costs of commercial overland transportation of goods or materials brought to the port of New Haven by ship or vessel, (2) for the purposes of the small business assistance program established pursuant to section 32-9yy, provided fifteen million dollars shall be deposited in the small business assistance account established pursuant to said section 32-9yy, and (3) to deposit twenty million dollars in the small business express assistance account established pursuant to section 32-7h.
Sec. 52. Section 46a-68b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
As used in this section and sections 4a-60, as amended by this act, [4a-60a,] 4a-60g, as amended by this act, 4a-62, 46a-56, as amended by this act, 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. 53. Subsection (b) of section 1-1g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) For the purposes of sections 4a-60, as amended by this act, 4b-28, 4b-31, 8-2g, 8-3e, 8-119t, 9-159s, 10-91f, 12-81, 17a-210, 17a-210b, 17a-215c, 17a-217 to 17a-218a, inclusive, 17a-220, 17a-226 to 17a-227a, inclusive, 17a-228, 17a-231 to 17a-233, inclusive, 17a-247 to 17a-247b, inclusive, 17a-270, 17a-272 to 17a-274, inclusive, 17a-276, 17a-277, 17a-281, 17a-282, 17a-580, 17a-593, 17a-594, 17a-596, 17b-226, 19a-638, 45a-598, 45a-669, 45a-670, 45a-672, 45a-674, 45a-676, 45a-677, 45a-678, 45a-679, 45a-680, 45a-681, 45a-682, 45a-683, 46a-11a to 46a-11g, inclusive, 46a-51, as amended by this act, 46a-60, as amended by this act, 46a-64, as amended by this act, [46a-64b,] 46a-66, as amended by this act, 46a-70, as amended by this act, 46a-71, as amended by this act, 46a-72, as amended by this act, 46a-73, as amended by this act, 46a-75, as amended by this act, 46a-76, as amended by this act, 46b-84, as amended by this act, 52-146o, 53a-46a, 53a-59a, 53a-60b, 53a-60c, 53a-61a, 53a-181i, 53a-320, 53a-321, 53a-322, 53a-323, 54-56d and 54-250, "intellectual disability" has the same meaning as "mental retardation" as defined in subsection (a) of this section.
Sec. 54. Subsection (a) of section 17a-210d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) (1) Wherever the words "the mentally retarded" are used in the following general statutes, "persons with intellectual disability" or "individuals with intellectual disability" shall be substituted in lieu thereof; (2) wherever the words "mentally retarded", "mentally retarded person" or "mentally retarded persons" are used in the following general statutes, the words "intellectual disability", "person with intellectual disability" or "persons with intellectual disability" shall be substituted in lieu thereof; and (3) wherever the words "mental retardation" are used in the following general statutes, the words "intellectual disability" shall be substituted in lieu thereof: 4a-60, as amended by this act, 4b-31, 8-2g, 8-3e, 9-159s, 10-91f, 17a-593, 17a-594, 17a-596, 45a-598, 45a-669, 45a-672, 45a-676, 45a-677, 45a-678, 45a-679, 45a-680, 45a-681, 45a-682, 45a-683, 46a-51, as amended by this act, 46a-60, as amended by this act, 46a-64, as amended by this act, [46a-64b,] 46a-66, as amended by this act, 46a-70, as amended by this act, 46a-71, as amended by this act, 46a-72, as amended by this act, 46a-73, as amended by this act, 46a-75, as amended by this act, 46a-76, as amended by this act, 46b-84, as amended by this act, 52-146o, 53a-46a, 53a-181i and 54-250.
Sec. 55. Subdivision (1) of subsection (a) of section 47a-23c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(a) (1) Except as provided in subdivision (2) of this subsection, this section applies to any tenant who resides in a building or complex consisting of five or more separate dwelling units or who resides in a mobile manufactured home park and who is either: (A) Sixty-two years of age or older, or whose spouse, sibling, parent or grandparent is sixty-two years of age or older and permanently resides with that tenant, or (B) a person with a physical or mental disability, as defined in [subdivision (8) of section 46a-64b] section 46a-51, as amended by this act, or whose spouse, sibling, child, parent or grandparent is a person with a physical or mental disability who permanently resides with that tenant, but only if such disability can be expected to result in death or to last for a continuous period of at least twelve months.
Sec. 56. Subsection (b) of section 5-248a of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) The leave of absence benefits granted by this section shall be in addition to any other paid leave benefits and benefits provided under subdivision [(7)] (5) of subsection (a) of section 46a-60, as amended by this act, which are otherwise available to the employee.
Sec. 57. Section 19a-490s of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
Except as provided in this section, a health care employer shall report to such employer's local law enforcement agency any act which may constitute an assault or related offense, as described in part V of chapter 952, against a health care employee acting in the performance of his or her duties. A health care employer shall make such report not later than twenty-four hours after the occurrence of the act. The health care employer shall provide the names and addresses of those involved with such act to the local law enforcement agency. A health care employer shall not be required to report any act which may constitute assault or a related offense if the act was committed by a person with a disability as described in subdivision [(13), (15) or (20)] (29), (35) or (40) of section 46a-51, as amended by this act, whose conduct is a clear and direct manifestation of the disability.
Sec. 58. Subsection (c) of section 46b-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(c) The court may make appropriate orders of support of any child with intellectual disability, as defined in section 1-1g, [or] a mental disability, as defined in subdivision (35) of section 46a-51, as amended by this act, or physical disability, as defined in subdivision [(15)] (40) of section 46a-51, as amended by this act, who resides with a parent and is principally dependent upon such parent for maintenance until such child attains the age of twenty-one. The child support guidelines established pursuant to section 46b-215a shall not apply to orders entered under this subsection. The provisions of this subsection shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after October 1, 1997, or where the initial support orders in actions not claiming any such decree are entered on or after October 1, 1997.
Sec. 59. Subsection (c) of section 53a-167c of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(c) In any prosecution under this section involving assault of a health care employee, as defined in section 19a-490q, it shall be a defense that the defendant is a person with a disability as described in subdivision [(13), (15) or (20)] (29), (35) or (40) of section 46a-51, as amended by this act, and the defendant's conduct was a clear and direct manifestation of the disability.
Sec. 60. Subsection (d) of section 46a-68 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(d) The [Commission on Human Rights and Opportunities] commission shall review and formally approve, conditionally approve or disapprove the content of such affirmative action plans within ninety days of the submission of each plan to the commission. If the commissioners, by a majority vote of those present and voting, fail to approve, conditionally approve or disapprove a plan within such period, the plan shall be deemed to be approved. Any plan that is filed more than ninety days after the date such plan is due to be filed in accordance with the schedule established pursuant to subsection (g) of this section shall be deemed disapproved.
Sec. 61. Subsection (g) of section 46a-68 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(g) The [Commission on Human Rights and Opportunities] commission shall adopt regulations, in accordance with chapter 54, to carry out the requirements of this section. The executive director shall establish a schedule for semiannual, annual and biennial filing of plans.
Sec. 62. Section 46a-68i of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
The commission or any contractor or subcontractor aggrieved by a decision of the [hearing officer or human rights] referee following a hearing held pursuant to subsection (c) of section 46a-56, as amended by this act, shall have a right of appeal to the Superior Court as provided for in section 4-183. Such appeal shall be privileged in order of assignment of trial.
Sec. 63. Subsection (b) of section 46a-82c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2014):
(b) The time frame contained in subsection [(b)] (c) of section 46a-83, as amended by this act, to conduct a [merit] case assessment review shall be tolled if an answer is not timely received from the date the respondent's answer is due pursuant to subsection (a) of section 46a-83, as amended by this act, until the date the answer is actually received by the commission.
Sec. 64. Sections 4a-60a, 46a-61, 46a-62, 46a-63, 46a-64b, 46a-65, 46a-81b to 46a-81o, inclusive, 46a-81q and 46a-82a to 46a-82d, inclusive, of the general statutes are repealed. (Effective July 1, 2014)
Sec. 65. Section 46a-81a of the 2014 supplement to the general statutes is repealed. (Effective July 1, 2014)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2014 |
1-1f |
Sec. 2 |
July 1, 2014 |
46a-51 |
Sec. 3 |
July 1, 2014 |
46a-52 |
Sec. 4 |
July 1, 2014 |
New section |
Sec. 5 |
July 1, 2014 |
46a-56 |
Sec. 6 |
July 1, 2014 |
46a-57 |
Sec. 7 |
July 1, 2014 |
46a-58 |
Sec. 8 |
July 1, 2014 |
46a-59(a) |
Sec. 9 |
July 1, 2014 |
New section |
Sec. 10 |
July 1, 2014 |
46a-60(a) |
Sec. 11 |
July 1, 2014 |
4a-60 |
Sec. 12 |
July 1, 2014 |
4a-60g(a)(8) |
Sec. 13 |
July 1, 2014 |
46a-64 |
Sec. 14 |
July 1, 2014 |
46a-64c |
Sec. 15 |
July 1, 2014 |
46a-66(a) |
Sec. 16 |
July 1, 2014 |
46a-67 |
Sec. 17 |
July 1, 2014 |
46a-68a |
Sec. 18 |
July 1, 2014 |
46a-70(a) |
Sec. 19 |
July 1, 2014 |
46a-70a |
Sec. 20 |
July 1, 2014 |
46a-71(a) |
Sec. 21 |
July 1, 2014 |
46a-72(b) |
Sec. 22 |
July 1, 2014 |
46a-73(a) |
Sec. 23 |
July 1, 2014 |
46a-75(a) |
Sec. 24 |
July 1, 2014 |
46a-76(a) |
Sec. 25 |
July 1, 2014 |
46a-77(c) |
Sec. 26 |
July 1, 2014 |
46a-81p |
Sec. 27 |
July 1, 2014 |
46a-82 |
Sec. 28 |
July 1, 2014 |
46a-82e |
Sec. 29 |
July 1, 2014 |
46a-83 |
Sec. 30 |
July 1, 2014 |
46a-83a |
Sec. 31 |
July 1, 2014 |
46a-84 |
Sec. 32 |
July 1, 2014 |
46a-86 |
Sec. 33 |
July 1, 2014 |
46a-86a |
Sec. 34 |
July 1, 2014 |
46a-87 |
Sec. 35 |
July 1, 2014 |
46a-88 |
Sec. 36 |
July 1, 2014 |
46a-89 |
Sec. 37 |
July 1, 2014 |
46a-89a |
Sec. 38 |
July 1, 2014 |
46a-90a |
Sec. 39 |
July 1, 2014 |
46a-94 |
Sec. 40 |
July 1, 2014 |
46a-94a |
Sec. 41 |
July 1, 2014 |
46a-95(a) |
Sec. 42 |
July 1, 2014 |
46a-97 |
Sec. 43 |
July 1, 2014 |
46a-98 |
Sec. 44 |
July 1, 2014 |
46a-99 |
Sec. 45 |
July 1, 2014 |
46a-100 |
Sec. 46 |
July 1, 2014 |
46a-101 |
Sec. 47 |
July 1, 2014 |
46a-102 |
Sec. 48 |
July 1, 2014 |
46a-103 |
Sec. 49 |
July 1, 2014 |
New section |
Sec. 50 |
July 1, 2014 |
53-37 |
Sec. 51 |
July 1, 2014 |
32-235(b) |
Sec. 52 |
July 1, 2014 |
46a-68b |
Sec. 53 |
July 1, 2014 |
1-1g(b) |
Sec. 54 |
July 1, 2014 |
17a-210d(a) |
Sec. 55 |
July 1, 2014 |
47a-23c(a)(1) |
Sec. 56 |
July 1, 2014 |
5-248a(b) |
Sec. 57 |
July 1, 2014 |
19a-490s |
Sec. 58 |
July 1, 2014 |
46b-84(c) |
Sec. 59 |
July 1, 2014 |
53a-167c(c) |
Sec. 60 |
July 1, 2014 |
46a-68(d) |
Sec. 61 |
July 1, 2014 |
46a-68(g) |
Sec. 62 |
July 1, 2014 |
46a-68i |
Sec. 63 |
July 1, 2014 |
46a-82c(b) |
Sec. 64 |
July 1, 2014 |
Repealer section |
Sec. 65 |
July 1, 2014 |
Repealer section |
Statement of Purpose:
To amend statutes concerning the duties and responsibilities of the Commission on Human Rights and Opportunities and the professional staff of the commission.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]