Sexual Orientation Discrimination Law Summaries

Sexual Orientation Discrimination Law Summaries

Connecticut, Sexual Orientation Discrimination Law Summaries

Discrimination in employment based on sexual orientation or civil union status is prohibited by the General Statutes of Connecticut, Title 46a, Chapter 814c, Part II.

Local jurisdictions may also prohibit such discrimination (Human Rights Campaign (http://www.hrc.org)).

Note: Some states, through their courts and/or through local ordinances, have interpreted “sexual orientation” to include transgenderism.

DEFINITIONS

“Employer” includes the state and all political subdivisions of the state and means any person or employer with three or more persons in its employ (Sec. 46a-51, as amended by P.A. 79, L. 1995).

“Employee” means any person employed by an employer, except for individuals employed by their parents, spouse or child, or in the domestic service of any person (Sec. 46a-51, as amended by P.A. 79, L. 1995).

“Marriage” means the legal union of two persons (Sec. 46b-20, as amended by File No. 680 (S. 899), L. 2009, effective April 23, 2009).

“Sexual orientation” means having a preference for heterosexuality, homosexuality or bisexuality, having a history of such preference or being identified with such preference, but excludes any behavior that constitutes a sex offense under Connecticut's penal code (Sec. 46a-81a, as amended by File No. 680 (S. 899), L. 2009).

COVERAGE

Connecticut's sexual orientation discrimination law covers the state, all political subdivisions of the state, and all employers of three or more persons (Sec. 46a-51, as amended by P.A. 79, L. 1995).

EXCEPTIONS

Connecticut's sexual orientation discrimination law does not apply to a religious corporation, entity, association, educational institution or society with respect to the employment of individuals to perform work connected with the carrying on by such corporation, entity, association, educational institution or society of its activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law that are established by such corporation, entity, association, educational institution or society (Sec. 46a-81p).

Bona fide occupational qualifications.- It is not an unlawful discriminatory practice for an employer to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against an individual in compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation or civil union status where there is a bona fide occupational qualification or need (Sec. 46a-81c, as amended by P.A. 07-245 (S. 1447), L. 2007).

Advertisements.- It is not an unlawful discriminatory practice for an employer, in the case of a bona fide occupational qualification or need, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against individuals because of their sexual orientation or civil union status (Sec. 46a-81c, as amended by P.A. 07-245 (S. 1447), L. 2007).

WHAT THE EMPLOYER MUST DO

It shall be a discriminatory practice for an employer, by himself or his or her agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against an individual in compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation or civil union status (Sec. 46a-81c, as amended by P.A 07-245 (S. 1447), L. 2007).

Advertisements.- It is an unlawful discriminatory practice for an employer, except in the case of a bona fide occupational qualification or need, to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against individuals because of their sexual orientation or civil union status (Sec. 46a-81c, as amended by P.A. 07-245 (S. 1447), L. 2007).

Public employers.- State officials and supervisory personnel must recruit, appoint, assign, train, evaluate and promote state personnel on the basis of merit and qualifications, without regard for sexual orientation (Sec. 46a-81h).

All state agencies must issue written directives to carry out this policy and to guarantee equal employment opportunities at all levels of state government. They must regularly review their personnel practices to assure compliance (Sec. 46a-81h).

Training.- All state agencies must conduct continuing orientation and training programs with emphasis on human relations and nondiscriminatory employment practices (Sec. 46a-81h).

Also, all educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state agencies, or in which state agencies participate, must be open to all qualified persons, without regard to sexual orientation (Sec. 46a-81m).

Testing.- The Commissioner of Administrative Services must insure that the entire examination process, including qualifications appraisal, is free from bias (Sec. 46a-81h).

Same-sex marriage.- “Gay persons are entitled to marry the otherwise qualified same sex partner of their choice,” a sharply divided Connecticut Supreme Court has ruled, finding the state’s statutory prohibition against same-sex marriage violates the Connecticut constitution. Applying heightened scrutiny to sexual orientation as a quasi-suspect classification for equal protection purposes, the high court found the state “has failed to provide sufficient justification for excluding same sex couples from the institution of marriage.” The trial court erred in determining that the distinction between civil unions and marriage in Connecticut was merely a difference in labels, the high court found. Rather, in consigning same-sex couples to civil unions, the legislature had “relegated them to an inferior status, in essence, declaring them to be unworthy of the institution of marriage.” Three separate dissents rejected the majority’s application of intermediate scrutiny to sexual orientation as a classification (Kerrigan v Commissioner of Public Health , ConnSCt, released October 10, 2008).

On April 23, 2009, the state enacted a law implementing the decision of the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health , (see just above). A summary of the law follows:

A marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, between two persons entered into in another state or jurisdiction and recognized as valid by such other state or jurisdiction shall be recognized as a valid marriage in this state, provided such marriage or relationship is not expressly prohibited by statute in this state (Sec. 1, File No. 680 (S. 899), L. 2009, effective April 23, 2009).

A marriage between two persons entered into in this state and recognized as valid in this state may be recognized as a marriage, or a relationship that provides substantially the same rights, benefits and responsibilities as a marriage, in another state or jurisdiction if one or both persons travel to or reside in such other state or jurisdiction (Sec. 2, File No. 680 (S. 899), L. 2009, effective April 23, 2009).

Wherever in the general statutes or the public acts the term "husband", "wife", "groom", "bride", "widower" or "widow" is used, such term shall be deemed to include one party to a marriage between two persons of the same sex (Sec. 8, File No. 680 (S. 899), L. 2009, effective April 23, 2009).

Parties to a civil union shall have all the same benefits, protections and responsibilities under law, whether derived from the general statutes, administrative regulations or court rules, policy, common law or any other source of civil law, as are granted to spouses in a marriage (Sec. 46b-38nn, as amended by File No. 680 (S. 899), L. 2009, effective from April 23, 2009, until October 1, 2010).

On and after April 23, 2009, and prior to October 1, 2010, two persons who are parties to a civil union entered into pursuant to Secs. 46b-38aa to 46b-38oo, inclusive, of the general statutes, as amended by this act, may apply for and be issued a marriage license, provided such persons are otherwise eligible to marry and the parties to the marriage will be the same as the parties to the civil union (Sec. 11, File No. 680 (S. 899), L. 2009).

After the celebration of such marriage and upon the recording of the license certificate or notarized affidavit with the registrar of vital statistics of the town where the marriage took place, the civil union of such persons shall be merged into the marriage by operation of law as of the date of the marriage stated in the certificate or affidavit (Sec. 11, File No. 680 (S. 899), L. 2009).

Two persons who are parties to a civil union that has not been dissolved or annulled by the parties or merged into a marriage by operation of law under Sec. 11 of this act as of October 1, 2010, shall be deemed to be married on said date, and such civil union shall be merged into such marriage by operation of law on said date (Sec. 12, File No. 680 (S. 899), L. 2009).

Notwithstanding the paragraph immediately preceding, the parties to a civil union with respect to which a proceeding for dissolution, annulment or legal separation is pending on October 1, 2010, shall not be deemed to be married on said date and such civil union shall not be merged into such marriage by operation of law, but shall continue to be governed by the provisions of the general statutes applicable to civil unions in effect prior to October 1, 2010 (Sec. 12, File No. 680 (S. 899), L. 2009)..

DEADLINES

See ¶7-2500 .

POLICIES

All state agencies must issue written directives to carry out the state's sexual orientation antidiscrimination policy and to guarantee equal employment opportunities at all levels of state government (Sec. 46a-81h).

TESTING

The Commissioner of Administrative Services must insure that the entire state personnel examination process, including qualifications appraisal, is free from bias (Sec. 46a-81h).

TRAINING

All state agencies must conduct continuing orientation and training programs with emphasis on human relations and nondiscriminatory employment practices (Sec. 46a-81h).

Also, all educational, counseling, and vocational guidance programs and all apprenticeship and on-the-job training programs of state agencies, or in which state agencies participate, must be open to all qualified persons, without regard to sexual orientation (Sec. 46a-81m).

ENFORCEMENT

See ¶7-2500 for enforcement, agency contact information and penalties.