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New CT Sexual Harassment Law

NEW CONNECTICUT LAW IMPOSES ADDITIONAL EMPLOYER OBLIGATIONS ON CLAIMS OF SEXUAL HARASSMENT

            On June 18, 2019, Connecticut Governor Ned Lamont signed Public Act No. 19-16, known as the “Time’s Up” bill, which substantially revises Connecticut law prohibiting workplace sexual harassment effective October 1, 2019.

            A summary of these major changes and the new employer obligations required are as follows.

1. SEXUAL HARASSMENT TRAINING REQUIREMENTS FOR EMPLOYERS WITH THREE OR MORE EMPLOYEES.

After October 1, 2019, all employers having three or more employees must provide two hours of sexual harassment training for all employees (this is expanded from previously imposed requirements of employers with more than 50 employees).

For existing employees, this training must be provided by October 1, 2020.  For employees hired on or after October 1, 2019, it must be provided not later than six months after the date of hire.

Supervisory Employees

All employers, regardless of size, are now required to provide sexual harassment training to existing supervisors within one year of October 1, 2019 and for new supervisors not later than six months of his/her date of hire or six months after assuming supervisory responsibility.

Penalty

Failure to provide the required training will be considered a “discriminatory practice” and will subject an employer to fines up to $1,000.

2.SEXUAL HARASSMENT POSTING REQUIREMENTS FOR EMPLOYERS WITH THREE OR MORE EMPLOYEES.

Although employers were required to post information about the illegality of sexual harassment, there are new requirements for employers with three or more employees.

Such employers are now required to provide new employees a copy of information of the illegality of sexual harassment and remedies available to sexual harassment victims within three months after the new employee’s start date.

An employer can satisfy this requirement by providing information of its sexual harassment policy via electronic mail, or by posting it on its website or by providing a link to the Connecticut Commission on Human Rights and Opportunities, (“CHRO”), website.

Penalty And Enforcement

Failure to post such information will subject an employer to fines up to $1,000.

Further, the CHRO may assign a representative to enter an employer’s place of business during normal business hours to ensure with the posting requirements and also examine an employer’s records, policies, procedures and sexual harassment training materials maintained by the employer in connection with the requirements of the statute.

3. EMPLOYER REMEDIAL ACTIONS IN RESPONSE TO AN EMPLOYEE COMPLAINT OF SEXUAL HARASSMENT.

Under the new statute, if an employer takes immediate “corrective action” in response to an employee’s claim of sexual harassment, there are new requirements involving employee consent in writing.

The statute states that such corrective action shall not change the employee’s conditions of employment unless the employee agrees in writing.

Such examples of “corrective action” include employee relocation or transfer, assigning an employee to a different work schedule or “other substantive changes to an employee’s terms and conditions of employment.”

4. TIME TO FILE DISCRIMINATION COMPLAINTS BEFORE THE CHRO EXPANDED TO 300 DAYS.

Effective October 1, 2019, employees who believe they have been subjected to any discriminatory practice in violation of Connecticut law, i.e., not solely sexual harassment, have 300 days from the adverse action to file a complaint with the CHRO.  This statute of limitations period is expanded from the prior 180-day timeline and is now aligned with the federal standard enforced by the Equal Employment Opportunity Commission.

5. POTENTIAL DAMAGES EXPANDED FOR BOTH CHRO AND COURT CLAIMS OF DISCRIMINATION FOR ANY PROTECTED CATEGORY.

For any claim of discriminatory violation that is litigated at the CHRO, hearing officers can now award attorney’s fees and costs, regardless of the amount of damages requested or awarded to the complainant.

If the complaint is filed in court, prevailing plaintiffs may now be awarded punitive damages, in addition to attorney’s fees and costs.