Employer Obligations Expand Under Connecticut Fair Employment Practices Act

Effective October 1, 2022, employers with one (1) or more employees will be covered under the Connecticut Fair Employment Practices Act (CFEPA). The former threshold was three (3) employees. In addition, classes protected under the Act will now include “victims of domestic violence.”

            “Victims of domestic violence” will be entitled to all forms of relief available to other covered classes, and in addition shall be eligible for reasonable leaves of absence, subject to the “undue hardship defense,” when needed to seek treatment for injuries caused by domestic violence, including treatment for a child who is a victim of domestic violence, provided the employee is not the perpetrator of the violence; obtain services including safety planning from a domestic violence agency or rape crisis center; obtain psychological counseling related to an incident of domestic violence, including for a child who is a victim of such violence; take other action to increase safety from future incidents of domestic violence, including temporary or permanent relocation; or to obtain legal services, assist in the prosecution of the offence, or otherwise participate in legal proceedings related to the domestic violence. This leave is in addition to the 12 days of annual leave available for “family violence” provided by Conn. Gen. Stat. § 31-51ss.

Employers may request documentation substantiating the need for leave, which may include a police report, a court order, other evidence from the court or prosecuting attorney that the employee appeared in court, documentation from a medical professional, domestic violence counselor or other health care provider that the employee or their child was receiving services, counseling or treatment. Further, employers shall treat any physical or mental disabilities resulting from domestic violence in the same manner as they would any other disability.

Employers with three (3) or more employees will be required to post information concerning domestic violence and resources available to victims. The Connecticut Commission on Human Rights and Opportunities (CHRO) has a poster available to meet this requirement. CHRO Domestic Violence Resource Poster.

While these changes take place October 1, 2022, employers are reminded of other changes to the law that have taken place since October 1, 2019.

For instance, employers with three (3) or more employees must (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 (3) 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 and (C) provide two hours of training and education to all employees within six months after the date of his or her hire.

            The easiest way to meet (B) above is to email the employee using a subject line “Sexual Harassment Policy” and attaching a link to the CHRO’s poster concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment.  The poster is available here: https://portal.ct.gov/media/CHRO/SexualHarassmentPreventionPosterpdf.pdf

Section (C) can be met by having employees review the CHRO’s sexual harassment training program and then print out a completion form for placement in their personnel file. A link to the training program is provided here: CHRO Sexual Harassment Prevention Training (Page 1 of 13) (office.com). 

Employers with less than three (3) employees shall provide such training to all supervisory employees within six (6) months of their hire or assumption of a supervisory position.

Employees working for employers with one or more employees who have completed the CHRO training program within the two (2) year period prior to being hired or promoted need not repeat the training.

All employers must periodically provide supplemental training that updates all supervisory and nonsupervisory employees on sexual harassment compliance not less than every ten years.

Aside from the training requirement, employers must obtain written consent from a sexual harassment complainant when taking immediate corrective action in response to the complaint. For instance, such consent must be obtained before relocating a complaining employee, or prior to changing their shift or work schedule, or making any other substantive modification to their terms or conditions of employment. Where consent is not obtained, the employer must show the corrective action was “reasonable” and “not harmful.”

In addition to the sexual harassment changes, employers may no longer include questions on an initial employment application that would disclose an applicants age. Prohibited questions include any requiring the disclosure of a date of birth, age, or dates of attendance or graduation from any educational institution, unless the disclosure is a bona fide occupational qualification or is needed to comply with any state or federal law.

Employees have 300 days (was 180) to file a complaint with the CHRO. Employers found in violation of CFEPA’s discrimination provisions are liable for make whole and compensatory (emotional distress) damages, any court ordered punitive damages, and reimbursement of an employee’s attorneys’ fees and costs.

Violations of the sexual harassment training requirements can result in fines of $750 and separately be considered a discriminatory practice.

For more information contact scott@schaffer-law.com or 860-216-1965.