House lawmakers removed controversial language making significant changes to Connecticut's employment discrimination statute from a broader bill.
Section 11 of SB 5 originally repealed Connecticut’s current employment discrimination law and replaced it with new language proposed to take effect Oct. 1, 2022.
The section changed the definition of “employer,” added a new category to the list of protected classes, changed the definition of “sexual harassment,” and shifted the burden of proof in hostile work environment cases to employers.
Most significantly, the bill changed how hostile environment cases are litigated and proven.
As originally drafted, the bill also significantly limited the terms an employer may include in employment discrimination settlement agreements, essentially rendering them worthless.
These proposed settlement agreement restrictions would discourage employers from settling discrimination suits.
The settlement agreement language was removed from the bill before the state Senate approved it April 27.
House lawmakers then amended SB 5 following objections raised by CBIA and other employer groups that it reversed decades-long precedent at both the U.S. Supreme Court and the Connecticut Supreme Court.
The Senate approved the House amendments, although the bill retained the changes to the definition of “employer” to include any person with just one employee, rather than three or more.
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