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.
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…
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.
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…
The so-called “Time’s Up” bill that would make major changes to the sexual harassment and discrimination laws in the state — including adding new training requirements — went through final passage at the House on Saturday. But don’t start changing your policies just yet.
Senate Bill 3, titled “Combatting Sexual Assault and Sexual Harassment” has been modified since first introduced and passed the Senate late last week. Despite the title, the bill would impact every discrimination case filed in the state and would make significant changes to the sexual harassment prevention training requirements.
If April Showers bring May…Oh never mind. In Connecticut, April might as well mean that the General Assembly is getting serious about the bills under consideration. All the proposals that make headlines in February mean nothing until committees start to vote on the bills and the bills start getting the spotlight on them.
Readers of the blog will no doubt know that it’s been far too long since I had Nina Pirrotti on the blog for a conversation about employment law topics.
Excuses abound, but Nina — who mainly represents individuals in employment-related disputes — recently penned a piece for the Connecticut Law Tribune that is too good…
Yesterday, I tackled the bills floating around the Senate-side of the Connecticut General Assembly, In today’s post, let’s look at the House side to see what bills are under consideration there:
The results are in: The General Assembly and the Governor’s office have been caught up in the Blue Wave in this state. Instead of a split, the Democratic party will control a sizable majority in both houses and the Governor’s Office.
But with Governor-Elect Ned Lamont coming from a business-side perspective and touting the …
Earlier this week, it seemed that a bill requiring employers to conduct additional training on sexual harassment matters was a no-brainer to pass the General Assembly.
After all, Senate Bill 132 passed 31-5 in the state Senate and in this #metoo environment (not to mention local elections in the fall), the House looked to…