§ 4a-60a — Provisions re nondiscrimination on the basis of sexual orientation required in awarding agency, municipal public works and quasi-public agency project contracts.

Connecticut § 4a-60a

• Jurisdiction: Connecticut
• Title 4a: Administrative Services
• Ch. 58: Purchases and Printing

Text

(a) Except as provided in section 10a-151i, every contract to which an awarding agency is a party, every contract for a quasi-public agency project and every municipal public works contract shall contain the following provisions: (1) The contractor agrees and warrants that in the performance of the contract such contractor will not discriminate or permit discrimination against any person or group of persons on the grounds of sexual orientation, in any manner prohibited by the laws of the United States or of the state of Connecticut, and that employees are treated when employed without regard to their sexual orientation; (2) The contractor agrees to provide each labor union or representative of workers with which such contractor has a collective bargaining agreement or other contract or understanding and each vendor with which such contractor has a contract or understanding, a notice to be provided by the Commission on Human Rights and Opportunities advising the labor union or workers' representative of the contractor's commitments under this section, and to post copies of the notice in conspicuous places available to employees and applicants for employment; (3) The contractor agrees to comply with each provision of this section and with each regulation or relevant order issued by said commission pursuant to section 46a-56 ; and (4) The contractor agrees to provide the Commission on Human Rights and Opportunities with such information requested by the commission, and permit access to pertinent books, records and accounts, concerning the employment practices and procedures of the contractor which relate to the provisions of this section and section 46a-56 . (b) Except as provided in section 10a-151i : (1) Any contractor who has one or more contracts with an awarding agency or who is a party to a municipal public works contract or a contract for a quasi-public agency project shall include a nondiscrimination affirmation provision in the contract certifying that the contractor understands the obligations of this section and will maintain a policy for the duration of the contract to assure that the contract will be performed in conformance with the nondiscrimination requirements of this section. The authorized signatory of the contract shall demonstrate his or her understanding of this obligation by either (A) initialing the nondiscrimination affirmation provision in the body of the contract, (B) providing an affirmative response in the required online bid or response to a proposal question which asks if the contractor understands its obligations, or (C) signing the contract. (2) No awarding agency, or in the case of a municipal public works contract, no municipality, or in the case of a quasi-public agency project contract, no entity, shall award a contract to a contractor who has not included the nondiscrimination affirmation provision in the contract and demonstrated its understanding of such provision as required under subdivision (1) of this subsection. (c) For the purposes of this section, “contract” includes any extension or modification of the contract, and “contractor” includes any successors or assigns of the contractor. 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, unless the contract is a municipal public works contract or quasi-public agency project contract, (2) any other state, as defined in section 1-267 , (3) the federal government, (4) a foreign government, or (5) an agency of a subdivision, state or government described in subdivision (1), (2), (3) or (4) of this subsection. (d) The contractor shall include the provisions of subsection (a) of this section in every subcontract or purchase order entered into in order to fulfill any obligation of a contract with the state, and in every subcontract entered into in order to fulfill any obligation of a municipal public works contractor contract for a quasi-public agency project, and such provisions shall be binding on a subcontractor, vendor or manufacturer unless exempted by regulations or orders of the Commission on Human Rights and Opportunities. 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 ; 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 regarding a state contract, 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. See Sec. 46a-68b for definition of “public works contract”.

Legislative History

(P.A. 91-58, S. 16; 91-407, S. 8, 42; P.A. 07-142, S. 10; P.A. 09-158, S. 2; P.A. 11-229, S. 4; June Sp. Sess. P.A. 15-5, S. 64; P.A. 17-130, S. 8; P.A. 21-76, S. 7; P.A. 23-204, S. 427.) History: P.A. 91-407 deleted references to Secs. 46a-68e and 46a-68f; P.A. 07-142 amended Subsec. (a) by adding provisions re contractor documentation supporting nondiscrimination agreement and warranty and defining “contract” and “contractor”, effective June 25, 2007; P.A. 09-158 divided existing Subsec. (a) into Subsecs. (a) and (b), amended said Subsec. (b) by inserting Subdiv. designators (1), (2) and (3), amended Subsec. (b)(1) to establish representations for contracts of less than $50,000 for each year, amended Subsec. (b)(2) requirements for documentation for contracts of $50,000 or more for any year, amended Subsec. (b)(3) to exclude certain contracts from applicability of section, redesignated existing Subsec. (b) as Subsec. (c), and made technical changes, effective June 30, 2009; P.A. 11-229 amended Subsecs. (b)(1) and (b)(2) to substitute “Any contractor who has one or more contracts with the state or a political subdivision of the state that is” for “Prior to entering into a contract”, added new Subsec. (b)(3) re requirements for representation or documentation and redesignated existing Subsec. (b)(3) as Subsec. (b)(4); June Sp. Sess. P.A. 15-5 added references to municipal public works contracts and quasi-public agency project contracts throughout, amended Subsecs. (a) and (b) by replacing references to the state or political subdivision of the state with references to awarding agency, amended Subsec. (b) by adding references to commission re provision of representation or documentation, amended Subsec. (b)(4) by deleting former Subpara. (B) re quasi-public agency and redesignating existing Subparas. (C) to (F) as Subparas. (B) to (E), amended Subsec. (c) by changing “commission” to “Commission on Human Rights and Opportunities”, and made technical and conforming changes throughout; P.A. 17-130 amended Subsecs. (a) and (b) to add “Except as provided in section 10a-151i”, redesignated Subsec. (b)(4) re definitions as Subsec. (c) and amended same to redesignate Subparas. (A) to (E) as Subdivs. (1) to (5), redesignated Subsec. (c) as Subsec. (d), and made a conforming change, effective July 1, 2017; P.A. 21-76 amended Subsec. (b) by deleting provision re representation requirement for contracts valued less than $50,000 per year, adding provision re nondiscrimination affirmation provision in contract and adding Subparas. (A) and (B) re signatory demonstrating understanding in Subdiv. (1), deleting former Subdiv. (2) re documentation requirements for contracts valued at $50,000 or more, redesignating existing Subdiv. (3) as Subdiv. (2) and amending same by making technical and conforming changes, and deleting provisions re resubmittal and certification after initial submission of representation or documentation, effective July 1, 2021; P.A. 23-204 amended Subsec. (b)(1) by adding Subpara. (C) re signing the contract, effective June 12, 2023.