As of October 1, 2019, The Act Combatting Sexual Assault and Sexual Harassment significantly expanded the legal framework surrounding sexual harassment prevention in Connecticut workplaces. Under the new law, employers must fulfill additional training, notice, and posting requirements.
Employer Obligations
Employers with three or more employees are required to prominently display a notice about the illegality of sexual harassment and the remedies available to victims. This information must also be emailed to employees within the first three months of their employment. The subject line of such an email should include the term “Sexual Harassment Policy” or a similar phrase.
If employees lack a company email address or have not provided a personal email address, employers must make this information available on their website or provide a link to the Connecticut Commission on Human Rights and Opportunities (CHRO) website. Non-compliance may result in a $750 fine.
Previously, training was only required for supervisors at companies with fifty or more employees. However, as of October 1, 2019, all employers must now conduct sexual harassment training for supervisors. Furthermore, employers with three or more employees are obligated to train all employees regarding sexual harassment. Initial training for current employees had to be completed by October 1, 2020. Employees who have undergone training since October 1, 2018, do not need to be retrained immediately.
Training for new or newly promoted supervisory employees must occur within six months of their hiring or promotion. Employers are required to provide refresher training periodically, at least once every ten years for all employees. The CHRO is tasked with devising a free online training video or an interactive training method that employers may utilize. Failing to offer such training is considered a discriminatory practice, thereby exposing the employer to potential legal action after October 1, 2020. Employees may file complaints with the CHRO or in court if employers neglect to comply, leading to a possible $750 fine.
CHRO Oversight and Inspections
Effective October 1, 2019, the CHRO can conduct inspections at businesses to ensure posting and training compliance. They are permitted to review records, policies, procedures, postings, and training materials if they have reasonable grounds to suspect noncompliance, or within twelve months of a CHRO complaint filing against the employer. Inspections must occur during business hours to minimize disruption.
Employee Rights
According to the new regulations, if an employee reports sexual harassment, the employer cannot alter the complaining employee’s employment terms or conditions as part of any corrective action without their written agreement. This includes actions such as relocation, departmental transfer, or significant schedule changes intended to separate the complainant from the harasser.
Contact Us
If you have any questions regarding sexual harassment in a Connecticut workplace, 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.
