Discrimination & Harassment

In just a few weeks, I’ll be speaking at the CBIA’s Employment Law Conference on the topic of “Artificial Intelligence & Analytics for HR: Recruiting, Retention & Engagement”.

As I was speaking to the moderator about potential subjects of our discussion, we were arguing over whether AI is something for the future or something

The laws regarding the protections owed to pregnant employees got far broader a few years back. In fact, the statutory provision prohibiting discrimination against pregnant employees has eleven key items. Rather than tackle them in separate posts, we’ll “super-size” this post to cover it all.

The main law is set forth at Conn. Gen. Stat. Sec. 46a-60(b)(7), though it is to be read in conjunction with the state’s broad anti-discrimination laws.

The key prohibitions state that it shall be a “discriminatory employment practice” for an 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 limit, segregate or classify the employee in a way that would deprive her of employment opportunities due to her pregnancy;

(F) to discriminate against an employee or person seeking employment on the basis of her pregnancy in the terms or conditions of her employment;

(G) to fail or refuse to make a reasonable accommodation for an employee or person seeking employment due to her pregnancy, unless the employer can demonstrate that such accommodation would impose an undue hardship on such employer;
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Just wrapped up a trial so hoping to get these blog posts with a little more frequency.

On October 1, 2019, the new training requirements on sexual harassment prevention became effective. I’ve recapped them before here in my “Definitive Employer Guide to Connecticut’s New Anti-Sexual Harassment Law” post from June.

I noted then that all

Can an employer ever win a motion for summary judgment on a discrimination case in state court?

The prevailing wisdom is no.  A fool’s errand, some might say.

But a new Connecticut Appellate Court case (Alvarez v. City of Middletown) shows at least what’s possible.

The case has some details that stand out. The

One of the quirks of discrimination law in Connecticut concerns sexual orientation.  Back in 1991, the General Assembly passed a wide-ranging bill that added sexual orientation as one of the protected classes that employers could not base decisions on.

Sort of.

Rather than add sexual orientation to the key employment law statute that bars discrimination

Over the weekend, President Trump tweeted out that several prominent “‘Progressive’ Democrat Congresswomen” (who, it shouldn’t have to be said but does, are all American citizens, most of whom were born in the United States) should  “go back and help fix the totally broken and crime infested places from which they came.”

This language has,

As the dust continues to settle from the General Assembly, bills that didn’t get a lot of press beforehand are continuing to come into the light.

One of them is new Public Act 19-95, which was just signed by Governor Lamont yesterday.

The bill treats being a member of the “Civil Air Patrol”

At the stroke of midnight last night, the 2019 General Assembly came to a close.

I think it’s fair to say that 2019 will go down in history not for the number of bills impacting employers, but for the breadth of the few that passed.

I’ve recapped the bills in some prior posts, but here’s