Connecticut has enacted legislation (Senate Bill 5), which expands the state’s nondiscrimination law to cover all employers and extends additional protections to victims of domestic violence. The changes are effective Oct. 1, 2022.
The details:
Existing law
Employers with three or more employees are prohibited from discriminating against any individual because of their race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, or status as a veteran.
Effective Oct. 1, 2023
All employers are prohibited from discriminating against any individual because of their race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, mental disability, intellectual disability, learning disability, physical disability, status as a veteran, or status as a victim of domestic violence.
All employers are prohibited from denying a reasonable leave of absence to employees so they can:
- Seek attention for injuries caused by domestic violence, including for a child who is a domestic violence victim, so long as the employee isn’t the perpetrator;
- Obtain services, including safety planning, from a domestic violence agency or rape crisis center;
- Obtain psychological counseling, including for a child, so long as the employee did not commit domestic violence against the child;
- Take other actions to increase safety from future incidents, including temporary or permanent relocation; or
Obtain legal services, assist in the offense’s prosecution, or otherwise participate in related legal proceedings.
Employers with three or more employees must post information concerning domestic violence and the resources available to victims of domestic violence in the state. The Connecticut Commission on Human Rights and Opportunities is expected to provide a sample notice.
An employee who is absent from work for a covered reason must, within a reasonable time after the absence, provide a certification if requested by the employer. The certification must be in the form of:
- A police report indicating that the employee or the employee's child was a victim of domestic violence;
- A court order protecting or separating the employee or employee's child from the perpetrator of an act of domestic violence;
- Other evidence from the court or prosecuting attorney that the employee appeared in court; or
- Documentation from a medical professional, domestic violence counselor, or other healthcare provider that the employee or the employee's child was receiving services, counseling, or treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
Where an employee has a physical or mental disability resulting from an incident or series of incidents of domestic violence, the employee must be treated in the same manner as an employee with any other disability.
To the extent permitted by law, employers must maintain the confidentiality of any information regarding an employee's status as a victim of domestic violence.
Domestic violence includes incidents resulting in physical harm, bodily injury, assault or an act of threatened violence between family or household members. It also includes stalking, threatening behavior, or coercive control.
Note: Employers with three or more employees must also coordinate compliance with the Connecticut Family Violence Leave Act (CFVLA). The CFVLA requires employers with three or more employees to give employees who are victims of family violence up to 12 days per calendar year of unpaid leave from work to:
- Seek medical care or counseling for physical or psychological injury or disability;
- Obtain services from a victim services organization;
- Relocate because of family violence; or
Participate in any civil or criminal proceeding related to or resulting from family violence.
The next steps
- Post the required notice.
- Review leave policies and procedures to ensure compliance with Senate Bill 5.
- Train supervisors on how to handle leave requests.