['Sexual Harassment']
['Sexual Harassment']
04/04/2024
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Summary of differences between federal and state regulations
Definitions
“Employer” includes the state and all political subdivisions and means any person or employer with three or more persons in his employ.
“Employer Having Fifty or More Employees” means the state and all political subdivisions, and means any person or employer who has a total of 50 or more persons, including supervisory and managerial employees and partners, in his employ for a minimum of 13 weeks during the training year.
“Training year” means the period of time from October first in any calendar year through September thirtieth in the following calendar year.
Unlawful employment practices
The unlawful employment practices, as well as the exemptions, are similar to those under the federal Guidelines on Discrimination Because of Sex.
Posting
Employers with three or more employees must post notices concerning the illegality of sexual harassment and remedies available to victims of sexual harassment. Any and all notices posted will have the heading, “SEXUAL HARASSMENT IS ILLEGAL” in large bold-faced type. The information must include, but is not limited to:
- The statutory definition of sexual harassment and examples of different types of sexual harassment;
- Notice that sexual harassment is prohibited by Connecticut’s Discriminatory Employment Practices Law;
- Notice that sexual harassment is prohibited by Title VII of the 1964 Civil Rights Act, as amended;
- The remedies available, including but not limited to: cease and desist orders, back pay, compensatory damages, and hiring, promotion or reinstatement;
- Language to the effect that persons who commit sexual harassment may be subject to civil or criminal penalties;
- The address and telephone number of the Connecticut Commission on Human Rights and Opportunities; and
- A statement that Connecticut law requires that a formal written complaint be filed with the Commission within 180 days of the date when the alleged sexual harassment occurred.
The Commission strongly recommends, but does not require, that the poster include:
- A statement concerning the employer’s policies and procedures regarding sexual harassment and the disciplinary action that may be taken if sexual harassment has been committed; and
- A contact person at the place of employment to whom one can report complaints of sexual harassment or direct one’s concerns regarding sexual harassment.
Employers must place and keep notices in prominent and accessible locations upon its premises where notices to employees are customarily posted. Notices must be posted at each employer facility in such a manner that all employees and applicants at that facility will have the opportunity to see the notices on a regular basis.
All employers with three or more employees must post notices, and promptly replace notices that are removed, destroyed, or defaced.
Training
An employer having 50 or more employees must also provide two hours of training and education to all supervisory employees within six months of their assumption of a supervisory position.
The training and education must be conducted in a classroom-like setting, using clear and understandable language and in a format that allows participants to ask questions and receive answers. Audio, video, and other teaching aides may be utilized to increase comprehension or to otherwise enhance the training process.
The content of the training must include the following:
- Describing the federal and state statutory provisions prohibiting sexual harassment in the work place with which the employer is required to comply, including, but not limited to, the Connecticut discriminatory employment practices statute and Title VII of the Civil Rights Act of 1964, as amended;
- Defining sexual harassment, as distinguished from other forms of illegal harassment;
- Conduct that may constitute sexual harassment, including the fact that the harasser or the victim may be either a man or a woman and that harassment can occur involving persons of the same or opposite sex;
- Remedies available in sexual harassment cases, including, but not limited to, cease and desist orders; hiring, promotion or reinstatement; compensatory damages and back pay;
- Advising employees that individuals who commit acts of sexual harassment may be subject to both civil and criminal penalties; and
- Discussing strategies to prevent sexual harassment in the work place.
While not exclusive, the training may also include, but is not limited to, the following elements:
- Informing participants that all complaints of sexual harassment must be taken seriously, and that once a complaint is made, supervisory employees should report it immediately to officials designated by the employer;
- That the contents of the complaint are personal and confidential and are not to be disclosed except to those persons with a need to know;
- Conducting exercises such as role playing, coed group discussions and behavior modeling to facilitate understanding of what constitutes sexual harassment and how to prevent it;
- Teaching the importance of interpersonal skills such as listening and bringing participants to understand what a person who is sexually harassed may be experiencing;
- The importance of preventive strategies to avoid the negative effects sexual harassment has upon both the victim and the overall productivity of the work place due to interpersonal conflicts, poor performance, absenteeism, turnover and grievances;
- That employers—and supervisors personally—have been held liable when it is shown that they knew or should have known of the harassment;
- Explaining the employer’s policy against sexual harassment, including a description of procedures for reporting sexual harassment and the types of disciplinary actions which can and will be taken against persons who have been found to have engaged in sexual harassment; and
- Discussing the perceptual and communication differences among all persons and, in this context, the concepts of “reasonable woman” and “reasonable man” developed in federal sexual harassment cases.
While not required, the Commission on Human Rights & Opportunities encourages an employer having 50 or more employees to provide an upgrade of legal interpretations and related developments concerning sexual harassment to supervisory personnel once every three years.
An employer is not required to train supervisory personnel who have received training after October 1, 1991 that:
- substantially complies with the required content of the training; and
- was provided in a classroom setting and lasted at least two hours.
An employer required to provide training may utilize individuals employed by the employer or other persons who agree to provide the required training, with or without reimbursement.
Recordkeeping
The Commission encourages each employer required to conduct training to maintain records concerning all training provided. Such records may include, but are not limited to:
- Documents sufficient to show the content of the training given, such as the curriculum;
- The names, addresses and qualifications of the personnel conducting the training; and
- The names and titles of the personnel trained and the date or dates that each individual was trained.
The Commission encourages employers to maintain such records for a minimum of one year, or if a discriminatory practice complaint is filed involving personnel trained, until such time as such complaint is finally resolved.
State
Contact
Commission on Human Rights & Opportunities
Regulations
Sexual Harassment Posting and Training Requirements: Regulations sections 46a-54-200 through 207
www.ct.gov/chro/cwp/view.asp?a=2527&q=333112
General Statutes of Connecticut, Title 46a, chapter 814c, sec. 46a-60. Discriminatory employment practices prohibited
www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-60
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1604, Guidelines on Discrimination Because of Sex
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