§ 46a-54 — (Formerly Sec. 31-125). Commission powers.

Connecticut § 46a-54

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814c: Human Rights and Opportunities

Text

The commission shall have the following powers and duties: (1) To establish and maintain such offices as the commission may deem necessary; (2) To organize the commission into a division of affirmative action monitoring and contract compliance, a division of discriminatory practice complaints and such other divisions, bureaus or units as may be necessary for the efficient conduct of business of the commission; (3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55 . Each commission legal counsel shall be admitted to practice law in this state; (4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their duties; (5) To adopt, publish, amend and rescind regulations consistent with and to effectuate the provisions of this chapter; (6) To establish rules of practice to govern, expedite and effectuate the procedures set forth in this chapter; (7) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the policies of this chapter; (8) To receive, initiate as provided in section 46a-82 , investigate and mediate discriminatory practice complaints; (9) By itself or with or by hearing officers or human rights referees, 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; (11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice as defined in subdivision (8) of section 46a-51 , and to adopt regulations, in accordance with the provisions of chapter 54, for the procedure for the issuance of interrogatories and compliance with interrogatory requests; (12) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed and with the cooperation of such agencies, (A) to study the problems of discrimination in all or specific fields of human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of the state; (13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide; (14) To require the posting, by any respondent or other person subject to the requirements of section 46a-64 , 46a-64c , 46a-81d or 46a-81e , of such notices of statutory provisions as it deems desirable; (15) To require an employer having three or more employees to (A) post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment; (B) provide, not later than three months after the employee's start date with the employer, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or words of similar import, if (i) the employer has provided an electronic mail account to the employee, or (ii) the employee has provided the employer with an electronic mail address, provided if an employer has not provided an electronic mail account to the employee, the employer shall post the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment on the employer's Internet web site, if the employer maintains such an Internet web site. An employer may comply with the requirements of this subparagraph, by providing an employee with the link to the commission's Internet web site concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment by electronic mail, text message or in writing; and (C) provide two hours of training and education to employees within one year of October 1, 2019, provided any employer who has provided such training and education to any such employees after October 1, 2018, shall not be required to provide such training and education a second time. An employer having (i) three or more employees, shall provide such training and education to an employee hired on or after October 1, 2019, not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56 ; or (ii) less than three employees shall provide such training and education to all supervisory employees within one year of October 1, 2019, and 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 supervisory employees after October 1, 2018, shall not be required to provide such training and education a second time. Any supervisory employee hired on or after October 1, 2019, by an employer having less than three employees, shall receive such training and education not later than six months after the date of his or her hire, provided the commission has developed and made available such training and education materials in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56 . 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. If an employee has received in-person training provided by the commission or has taken the no cost online training provided by the commission on its Internet web site in accordance with the provisions of subdivision (8) of subsection (a) of section 46a-56 while employed by a different employer within the two years preceding the date of hire, an employer may consider such prior training to satisfy the training requirements of this subdivision. An employer who is required to provide training under this subdivision shall provide periodic supplemental training that updates all supervisory and nonsupervisory employees on the content of such training and education not less than every ten years. As used in this subdivision, “sexual harassment” has the same meaning as provided in subdivision (8) of subsection (b) of section 46a-60 and “employer” includes the General Assembly and “employee” means any individual employed by an employer, including an individual employed by such individual's parent, spouse or child; (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 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 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” 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; (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; (19) To require each state agency to provide a minimum of one hour of training and education related to domestic violence and the resources available to victims of domestic violence (A) to all employees hired prior to January 1, 2023, not later than July 1, 2023, and (B) to all employees hired on or after January 1, 2023, not later than six months after their assumption of a position with a state agency. Such training and education shall include information concerning (i) domestic violence, abuser and victim behaviors; (ii) how domestic violence may impact the workplace; and (iii) the resources available to victims of domestic violence. The requirements of this subdivision shall be accomplished within available appropriations using the training and education materials made available by the commission in accordance with the provisions of subdivision (10) of subsection (a) of section 46a-56 ; and (20) To require an employer having three or more employees to post in a prominent and accessible location information concerning domestic violence and the resources available to victims of domestic violence in Connecticut. See Sec. 4a-60g re commission's duties re set-aside program for small contractors, minority business enterprises, individuals with disabilities and nonprofit corporations.

Legislative History

(1949 Rev., S. 7404; September, 1957, P.A. 11, S. 13; 1967, P.A. 210, S. 1; 715, S. 1; P.A. 75-216, S. 1, 2; 75-597; P.A. 77-452, S. 62, 72; P.A. 78-280, S. 1, 127; P.A. 80-422, S. 3; 80-483, S. 91, 186; P.A. 81-81, S. 4; P.A. 84-88; P.A. 88-317, S. 97, 107; P.A. 89-332, S. 2, 7; P.A. 90-246, S. 6; P.A. 91-58, S. 21; 91-302, S. 2, 5; P.A. 92-85; P.A. 98-245, S. 9, 14; P.A. 99-180, S. 1; P.A. 01-53, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 190; P.A. 05-201, S. 1; P.A. 14-122, S. 182; P.A. 17-118, S. 3; P.A. 19-16, S. 1; P.A. 21-109, S. 4; P.A. 22-37, S. 19; 22-82, S. 8.) History: 1967 acts empowered commission to require posting of notices regarding statutory provisions by employer, employment agency or labor organization and imposed maximum fine of $250 for failure to do so and authorized establishment of offices the commission deems necessary rather than of a single office in Hartford; P.A. 75-216 empowered commission to require written answers to interrogatories re complaints under investigation and added provisions re court action when interrogatories are not answered; P.A. 75-597 empowered commission to enter into contracts for and accept federal funds; P.A. 77-452 replaced court of common pleas with superior court where appearing; P.A. 78-280 deleted reference to counties; P.A. 80-422 replaced alphabetic Subdiv. indicators with numeric indicators, deleted provisions re procedures for court action when commission's powers are defied, re penalties associated with failure to recognize commission's powers, etc. and re commission's annual report to the governor and empowered commission to employ commission counsel, to establish rules of practice and to require posting of notice re statutory provisions at places of public accommodation, resort or amusement; P.A. 80-483 corrected faulty section reference; Sec. 31-125 transferred to Sec. 46a-54 in 1981; P.A. 81-81 amended Subdiv. (10) by adding reference to Sec. “47a-2a” which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 84-88 amended Subdiv. (10) to require written answers to interrogatories under oath to any complaint alleging any discriminatory practice and added provision re regulations concerning procedure for issuance of and compliance with interrogatories; P.A. 88-317 substituted hearing “officers” for hearing “examiners” in Subdivs. (8) and (9), effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-332 added new Subdiv. (2) re organization of commission into division of affirmative action monitoring, division of discriminatory practice complaints and such other divisions and units as necessary and renumbered remaining Subdivs.; P.A. 90-246 amended Subdiv. (14) by replacing requirement that posting be at place of public accommodation, resort or amusement with requirement that posting be by respondent or other person subject to requirements of Sec. 46a-64 or 46a-64c; P.A. 91-58 amended Subdiv. (14) to add reference to Secs. 46a-81d and 46a-81e; P.A. 91-302 amended Subdiv. (15) to permit acceptance of private funds and gifts, donations or bequests, including donations of service by attorneys; P.A. 92-85 inserted new Subdiv. (15) re requiring that employers of three or more employees post information re sexual harassment and remedies available to victims and that employers of fifty or more employees provide two hours training and education re sexual harassment to all supervisory employees, renumbering former Subdiv. (15) as (16); P.A. 98-245 amended Subdivs. (9) and (10) by adding reference to human rights referees, effective July 1, 1998, and applicable to all cases pending with the commission or in the courts and cases filed on or after said date; P.A. 99-180 added a new Subdiv. (16) to establish a three-hour diversity training and education requirement for all state agencies, to establish a related annual reporting requirement for all state agencies and the commission and added a new Subdiv. (17) to require the commission to receive and investigate complaints about a state agency's failure to comply with the newly established diversity training requirement, renumbering former Subdiv. (16) as (18); P.A. 01-53 made technical changes in Subdivs. (11) and (12), amended Subdiv. (16) by extending date for completion of training from January 1, 2001, to July 1, 2002, and adding definition of “employee” to include part-time employee who works more than 20 hours per week, and amended Subdiv. (17) to require agency to demonstrate compliance with training requirement as part of affirmative action plan; June 30 Sp. Sess. P.A. 03-6 amended Subdiv. (3) to authorize the commission to employ “legal staff as necessary to perform the duties and responsibilities under section 46a-55” rather than “a commission counsel who shall not be subject to the provisions of chapter 67”, effective August 20, 2003; P.A. 05-201 amended Subdiv. (3) by adding provisions re commission legal counsel, supervising attorney and admission to practice law, effective July 6, 2005; P.A. 14-122 made technical changes in Subdiv. (15); P.A. 17-118 amended Subdiv.(15) by replacing reference to Sec. 46a-60(a)(8) with reference to Sec. 46a-60(b)(8); P.A. 19-16 substantially amended Subdiv. (15) including by adding new Subpara. (B) re information concerning illegality of sexual harassment and remedies available to victims of sexual harassment, redesignating existing Subpara. (B) as Subpara. (C) and amending same by deleting reference to 50 or more employees, deleting provision re supervisory employees within 6 months of assumption of supervisory position, replacing “1992” with “2019”, replacing “1991” with “2018”, adding provisions re training and education to be provided by employer having 3 or more employees and supplemental training, adding definition of “employee” and making conforming changes, and made a technical change in Subdiv. (16); P.A. 21-109 amended Subdiv. (15) by adding provision re certain commission training provided when employee employed by different employer within preceding 2 years of hire satisfying requirements; P.A. 22-37 made technical changes in Subdiv. (15); P.A. 22-82 amended Subdiv. (3) by removing provision re one commission legal counsel serving as supervising attorney, added Subdiv. (19) requiring state agencies to provide domestic violence training to all employees, added Subdiv. (20) requiring employer with 3 or more employees to post information concerning domestic violence and made technical changes, effective May 24, 2022. Annotations to former section 31-125: Regulations promulgated under section cited. 153 C. 172. Cited. Id., 173; 163 C. 327. Cited. 35 CS 565. Annotations to present section: Cited. 202 C. 601; 236 C. 681. Cited. 3 CA 464; 18 CA 126.