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If you’re a Connecticut employer, new requirements regarding training and posting — as well as changes to the underlying anti-discrimination law — should be a must-read.

On Tuesday, June 4, 2019, the General Assembly passed a series of revisions to Senate Bill 3, which itself passed over the weekend. Together, these series of changes (S.B. 1111 and S.B. 3) will impact employers of all sizes and cases at the CHRO. 

In essence, you had a bill that was amended after it already passed. Rather than get into what was in the original bill vs. final bill, I thought it might be helpful just to recap what is in the final version of the bills, as combined.

Governor Lamont is expected to sign these bills in the next week or so.

To be clear, this recap should not be a substitute for legal advice and this recap only addresses some of the most relevant private employer provisions; there’s some provisions in there regarding EEO officers for state agencies that are beyond the scope of this recap. Credit should also be given to the state’s OLR Bill Analysis as well. 

TRAINING

Currently, employers with at least 50 employees are required to give their supervisors two hours of training on state and federal sexual harassment laws and remedies.

The new law will require employers of all sizes to give training to supervisors by October 1, 2020 (or within six months of their assumption of supervisory duties, after that time).

For employers with 3 or more employees, the training must also be given to all other employees also by October 1, 2020 (or within six months of hire, after that time.)

In both instances, the training must be updated every ten years by employers, though it doesn’t seem to be the same two hours — just a “supplemental” update.  Also, any employee (including supervisor) trained since October 1, 2018 is exempt from being “retrained” a second time.

The bill requires CHRO to develop a free online training video or other interactive method. If that’s done on time, employers will have to give the training within six months of an employee’s start date.

If employers don’t provide training, it will now be a “discriminatory practice” that may allow employees to bring an action in the CHRO (or court).  The fine for failing to provide training will be $750.

NOTICES TO EMPLOYEES

The new law (piggybacking on existing law which requires a notice be posted regarding sexual harassment) will require employers of three or more employees to send a copy of this to employees via e-mail within 3 months of hire — so long as the employee has an e-mail address (company-provided or personal).  The subject line should be titled “Sexual Harassment Policy” or words very similar to that effect.  If the employer doesn’t give employees an e-mail address, the information must be included on its website.  If the CHRO develops something on their own, the employer can just provide this link.

The fine for failing to do so will be $750 as well.

CORRECTIVE ACTION IN SEXUAL HARASSMENT CLAIMS

When an employer takes prompt remedial action in response to a claim of sexual harassment, the new law requires that the employer can only modify the target’s condition of employment upon agreement in writing from the employee.  That means, transferring an employee to a different department can only be done upon written consent.

BUT, even if the employer did not obtain the written consent, the bill still allows the CHRO to find that the employer’s corrective action was reasonable and not “to the detriment” to the complainant, based on the evidence.

TIMEFRAME FOR FILING DISCRIMINATION AND HARASSMENT CLAIMS
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Buried deep in the budget (page 417 of 567) that was passed by the state House last night is this provision:

Sec. 305. (NEW) (Effective from passage) For purposes of this section “covenant not to compete” means any contract or agreement that restricts the right of an individual to provide homemaker, companion or home health

It seems likely that some type of paid Family and Medical Leave (otherwise known as “Paid FMLA”) bill is going to pass the General Assembly.

CBIA recently posted about the pitfalls that await employers with passage with one CBIA staff testifying that “small businesses are terrified of this proposal.”  

But the “paid” aspect of the

In my prior post, I wondered aloud whether there were some rough waters ahead for employers.  Apple recently announced that it would not meet it’s earnings estimates in the first quarter of 2019, in part because of soft demand from China. Other companies are expected to announce some similar issues.

Honestly, I’ve had enough conversations

Over the weekend, the General Assembly approved a bill prohibiting employers, including the state and its political subdivisions, from asking, or directing a third-party to ask, about a prospective employee’s wage and salary history.

I have previously discussed the measure here.  There were a few versions floating around and it was House Bill 5386 that

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017.  In that post, I mentioned a new notice that was required to comply with the law.

Although there is no set form that is required to be used, the Connecticut Department of Labor has

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day.  (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT opened at Disney World.)

But a lot of bills that are passed by the Connecticut General Assembly go into effect on October 1st each year. This year is no exception.

For employers, the biggest of these bills is the new law concerning “Pregnant Women in the Workplace”.  I’ve previously recapped the law for pregnant employees in a prior post way back in May, but because we’re getting close to implementation, it’s time for a little refresher.

Existing law makes it a discriminatory practice to:

  • To terminate a woman’s employment because of her pregnancy;
  • to refuse to grant to that employee a reasonable leave of absence for disability resulting from her pregnancy;
  • 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;
  • 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.

Those rules remain unchanged. But the new law revises some other provisions and adds more to the protections. Effective October 1st, it will now also be unlawful to:

  • Limit, segregate or classify the pregnant employee in a way that would deprive her of employment opportunities due to her pregnancy;
  • Discriminate against an employee or job applicant on the basis of her pregnancy in the terms or conditions of her employment;
  • Fail or refuse to make a reasonable accommodation for an employee or job applicant due to her pregnancy, unless the employer can demonstrate that the accommodation would impose an undue hardship;
  • Deny employment opportunities to an employee or job applicant if the denial is due to the request for a reasonable accommodation due to her pregnancy;
  • Force an employee or job applicant affected by pregnancy to accept a reasonable accommodation if she (i) does not have known limitation related to her pregnancy, or (ii) does not require a reasonable accommodation to perform the essential duties related to her employment;
  • Require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of the leave; and
  • Retaliate against an employee in the terms, conditions or privileges of her employment based upon the employee’s request for a reasonable accommodation.

The changes don’t stop there. The new law also explains that the word “pregnancy” will also include “pregnancy, childbirth or a related condition, including but not limited to, lactation”.  It also expands the definition of “reasonable accommodation ” and “undue hardship”.

  • “Reasonable Accommodation” means, but is not limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignment, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk; and
  • “Undue Hardship” means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation; (B) the overall financial resources of the employer; (C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and (D) the effect on expenses and resources or the impact otherwise of the accommodation upon the operation of the employer.


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