The Connecticut Human Rights and Opportunities Act and the Connecticut Fair Employment Practices Act make it illegal in Connecticut for an employer to discriminate based on age, ancestry, present or past history of mental disability, color, learning disability, marital status (including civil unions), mental retardation, physical disability, national origin, religious creed, sex, race, and sexual orientation. In Connecticut, state discrimination laws are enforced by the Connecticut Commission on Human Rights and Opportunities (CHRO). Connecticut's anti-discrimination statutes offer broad protections compared to federal statutes, as they: a) protect workers under 40 from age discrimination; b) provide broader protection for disabled employees by not requiring a substantial limitation of a major life activity, instead recognizing chronic impairments; and c) apply to employers with just three or more employees. The state discrimination statutes in Connecticut include:
- The Connecticut Fair Employment Practices Act (FEPA), which prohibits discrimination based on the aforementioned categories;
- The Connecticut Family and Medical Leave Act of 1990 (CT FMLA), which grants individuals the right to take up to sixteen weeks off from work per twenty-four month period and maintain their health benefits during their leave to care for themselves, a child, a parent (including in-laws), or a spouse (including civil unions) with a serious health condition; and
- An Act Concerning Fair Chance Employment.
Connecticut Fair Employment Practices Act
Under the Connecticut FEPA, it is unlawful for an employer to make hiring or termination decisions based on an individual’s race, color, religious creed, age, sex, marital status, national origin, ancestry, or any mental or physical disability, including blindness. This applies to all employers, employment agencies, and labor unions, also prohibiting any party from aiding or coercing discrimination. FEPA also protects against discrimination related to pregnancy, childbirth, or related conditions. While the act does protect women for familial leave, it does not extend the same protection to men, though men may be eligible under FMLA, CTFMLA, and the Paid Family Medical Leave (PFML) program. FEPA restricts inquiries into an employee's private life unless required by the employer's bona fide occupational qualifications. Employers can face liability for wrongful termination if discriminatory actions are found, notwithstanding an at-will employment agreement.
FEPA provides extensive protection but includes exceptions. For instance, the act does not prevent mandatory retirement and excludes individuals above 65. Businesses with fewer than three employees are generally exempt.
Under Conn. Gen. Stat. § 46a-60, retaliation against an employee for reporting or opposing discrimination is prohibited. If an employee reports discrimination, the employer may not take adverse action against said employee.
Connecticut Family and Medical Leave Act
Connecticut's FMLA offers eligible employees, working for employers with at least seventy-five employees, up to sixteen weeks of unpaid leave for specific family and health-related reasons, such as childbirth or caring for a severely ill family member, within a two-year period. The law outlines work requirements, employee notification requirements, and when an employer can ask for health certification. It forbids retaliation against employees using their leave or helping in employer FMLA violation investigations. Aggrieved employees can file a petition with the Connecticut Department of Labor.
From January 1, 2022, Connecticut workers are entitled to twelve weeks of paid leave for the birth or adoption of a child, caring for a loved one with a serious health condition, personal illness, organ or bone marrow donation, or emergencies related to active military duty. The PFML program allows an additional two weeks for pregnancy-related incapacitation. Certain state and municipal workers are exempt from PFML, however, non-union state employees must participate.
To fund this program, employees contribute an additional 0.5% of their wages, with benefits covering up to 95% of wages on a sliding scale, capped at $900 weekly. This positions Connecticut's paid family leave amongst the most comprehensive in the U.S.
Connecticut's definition of eligible family members is inclusive, permitting paid leave to care for those with relationships akin to family members. Starting January 1, 2022, nearly all private-sector employers will fall under the CFMLA as it reduces the employee threshold from seventy-five to one.
To be eligible for CFMLA leave, current laws require employees to have worked twelve or more months and 1,000 hours in the preceding year. The new provision, effective from 2022, has no minimum hour requirement but requires three months' work with the employer.
An Act Concerning Fair Chance Employment
Effective January 1, 2017, An Act Concerning Fair Chance Employment, or "ban-the-box" law, restricts employers from inquiring into criminal backgrounds on initial employment applications, except when required by law or if bonds are prerequisites for the position. The act applies to employers with any number of employees, including the state and its political subdivisions. The act mandates disclosures of erased criminal records are not required on applications.
Applications asking about criminal history must include clear notices that applicants need not disclose erased records, defined by specific sections of state law. Employers cannot reject applicants or dismiss employees based on erased records or pardoned convictions.
Contact Us
If you have any questions regarding employment discrimination in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
