Section 46a-56 - Commission duties(a) The commission shall:(1) Investigate the possibilities of affording equal opportunity of profitable employment to all persons, with particular reference to job training and placement;(2) Compile facts concerning discrimination in employment, violations of civil liberties and other related matters;(3) Investigate and proceed in all cases of discriminatory practices under this chapter and noncompliance with the provisions of section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, provided, the commission, whenever it has reason to believe that a person who is a party to a discriminatory practice case has engaged or is engaged in conduct that constitutes a violation of part VI, of chapter 952, may refer such matter to the Office of the Chief State's Attorney and said office shall conduct a further investigation as deemed necessary;(4) From time to time, but not less than once a year, report to the Governor as provided in section 4-60, making recommendations for the removal of such injustices as it may find to exist and such other recommendations as it deems advisable and describing the investigations, proceedings and hearings it has conducted and their outcome, the decisions it has rendered and the other work it has performed;(5) Monitor state contracts to determine whether they are in compliance with sections 4a-60 and 4a-60a, and those provisions of the general statutes which prohibit discrimination;(6) Compile data concerning state contracts with female and minority business enterprises and submit a report annually to the General Assembly concerning the employment of such business enterprises as contractors and subcontractors;(7) Develop and include on the commission's Internet web site a link concerning the illegality of sexual harassment, as defined in section 46a-60, and the remedies available to victims of sexual harassment;(8) Develop and make available at no cost to employers an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (15) of section 46a-54;(9) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and include on the commission's Internet web site a link concerning domestic violence and the resources available to victims of domestic violence; and(10) Develop, in conjunction with organizations that advocate on behalf of victims of domestic violence, and make available at no cost to each state agency an online training and education video or other interactive method of training and education that fulfills the requirements prescribed in subdivision (19) of section 46a-54.(b) The commission may, when it is deemed in the best interests of the state, exempt a contractor from the requirements of complying with any or all of the provisions of section 4a-60, 4a-60a, 46a-68c, 46a-68d or 46a-68e in any specific contract. Exemptions under the provisions of this section may include, but not be limited to, the following instances: (1) If the work is to be or has been performed outside the state and no recruitment of workers within the limits of the state is involved;(2) those involving less than specified amounts of money or specified numbers of workers;(3) to the extent that they involve subcontracts below a specified tier. The commission may also exempt facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract, provided such an exemption shall not interfere with or impede the effectuation of the purposes of this section and sections 4a-60, 4a-60a, 4a-60g and 46a-68b to 46a-68k, inclusive.(c) If the commission determines through its monitoring and compliance procedures that a contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a human rights referee appointed by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, the presiding officer shall order such relief as is necessary to achieve full compliance with any antidiscrimination statute and required contract provisions. The presiding officer may: (1)(A) In the case of a state contract, order the state to retain two per cent of the total contract price per month on any existing contract with such contractor that the state withheld pursuant to section 46a-68d and transfer the funds to the State Treasurer for deposit in the special fund described in subsection (e) of this section, or(B) in the case of a municipal public works or quasi-public agency contract, order the municipality or entity to retain two per cent of the total contract price per month on any existing contract with such contractor;(2) prohibit the contractor from participation in any further contracts with state agencies or any further municipal public works contracts or quasi-public agency project contracts, as applicable until:(A) The expiration of a period of two years from the date of the finding of noncompliance, or(B) the presiding officer determines that the contractor has adopted policies consistent with such statutes, provided the presiding officer shall make such determination not later than forty-five days after such finding of noncompliance;(3) publish, or cause to be published, the names of contractors or unions that the presiding officer has found to be in noncompliance with such provisions;(4) notify the Attorney General that, in cases in which there is substantial violation or the threat of substantial violation of section 4a-60 or 4a-60a, appropriate proceedings should be brought to enforce such provisions, including the enjoining of organizations, individuals or groups that prevent, or seek to prevent, compliance with section 4a-60 or 4a-60a;(5) recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964 or related laws when necessary;(6) recommend to the appropriate prosecuting authority that criminal proceedings be brought for the furnishing of false information to any awarding agency or to the commission; (7) order the contractor to bring itself into compliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or sections 46a-68c to 46a-68f, inclusive, not later than a period of thirty days after the issuance of such order or, for good cause shown, within an additional period of thirty days, and, if such contractor fails to bring itself into such compliance within such time period and such noncompliance is substantial or there is a pattern of noncompliance, recommend to the awarding agency that such agency declare the contractor to be in breach of the contract and that such agency pursue all available remedies or, in the case of a municipal public works or quasi-public agency project contract, recommend the municipality or entity to make such a declaration and pursue all available remedies; (8) order the awarding agency or, in the case of a municipal public works or quasi-public agency project contract, the municipality or entity, to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the commission that such contractor has established and will carry out personnel and employment policies in compliance with antidiscrimination statutes and section 4a-60 or 4a-60a and sections 46a-68c to 46a-68f, inclusive; or (9) order two or more remedies or other relief designed to achieve full compliance with antidiscrimination statutes and required contract provisions. The commission shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.(d) If the commission determines, through its monitoring and compliance procedures, that, with respect to a state contract, municipal public works contract or quasi-public agency project contract, a contractor, subcontractor, service provider or supplier of materials has (1) fraudulently qualified as a minority business enterprise, or (2) performed services or supplied materials on behalf of another contractor, subcontractor, service provider or supplier of materials knowing (A) that such other contractor, subcontractor, service provider or supplier has fraudulently qualified as a minority business enterprise in order to appear to comply with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a, and (B) that such services or materials are to be used in connection with a contract entered into pursuant to subsection (b) of section 4a-60g, the commission may issue a complaint pursuant to subsection (c) of section 46a-82. Such complaint shall be scheduled for a hearing before a referee assigned by the chief referee to act as a presiding officer. Such hearing shall be held in accordance with chapter 54 and section 46a-84. If, after such hearing, the presiding officer makes a finding that a contractor, subcontractor, service provider or supplier of materials has violated this subsection, the presiding officer shall assess a civil penalty of not more than ten thousand dollars upon such contractor, subcontractor, service provider or supplier of materials.(e) The Attorney General, upon complaint of the commission, shall institute a civil action in the superior court for the judicial district of Hartford to recover any penalty assessed pursuant to subsection (d) of this section. Any penalties recovered pursuant to this subsection shall be deposited in a special fund and shall be held by the State Treasurer separate and apart from all other moneys, funds and accounts. The resources in such fund shall, pursuant to regulations adopted by the commission in accordance with the provisions of chapter 54, be used to assist minority business enterprises. As used in this section, "minority business enterprise" means any contractor, subcontractor or supplier of materials fifty-one per cent or more of the capital stock, if any, or assets of which is owned by a person or persons: (1) Who are active in the daily affairs of the enterprise;(2) who have the power to direct the management and policies of the enterprise; and(3) who are members of a minority, as defined in subsection (a) of section 32-9n.Conn. Gen. Stat. § 46a-56
(P.A. 80-422, S. 5; P.A. 83-569, S. 10, 17; P.A. 88-230, S. 1, 12; 88-303, S. 5; 88-351, S. 7, 16; 88-364, S. 94, 123; P.A. 89-253, S. 5, 7; P.A. 90-98, S. 1, 2; P.A. 91-58 , S. 22 ; P.A. 93-142 , S. 4 , 7 , 8 ; P.A. 95-220 , S. 4 -6; P.A. 07-142 , S. 2 ; June Sp. Sess. P.A. 15-5 , S. 71 .)
Amended by P.A. 23-0205,S. 192 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.Amended by P.A. 23-0204, S. 243 of the Connecticut Acts of the 2023 Regular Session, eff. 7/1/2023.Amended by P.A. 22-0082, S. 9 of the Connecticut Acts of the 2022 Regular Session, eff. 10/1/2022.Amended by P.A. 19-0016, S. 3 of the Connecticut Acts of the 2019 Regular Session, eff. 7/1/2019.Amended by P.A. 15-0005, S. 71 of the Connecticut Acts of the 2015 Special Session, eff. 10/1/2015. See Sec. 4a-60g re commission's duties re set-aside program for small contractors, minority business enterprises, individuals with disabilities and nonprofit corporations.