Sec. 46a-54. (Formerly Sec. 31-125). Commission powers.
Sec. 46a-54. (Formerly Sec. 31-125). Commission powers. The commission
shall have the following powers and duties:
(1) To establish and maintain such offices as the commission may deem necessary;
(2) To organize the commission into a division of affirmative action monitoring
and contract compliance, a division of discriminatory practice complaints and such other
divisions, bureaus or units as may be necessary for the efficient conduct of business of
the commission;
(3) To employ legal staff and commission legal counsel as necessary to perform
the duties and responsibilities under section 46a-55. One commission legal counsel
shall serve as supervising attorney. Each commission legal counsel shall be admitted
to practice law in this state;
(4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their
duties;
(5) To adopt, publish, amend and rescind regulations consistent with and to effectuate the provisions of this chapter;
(6) To establish rules of practice to govern, expedite and effectuate the procedures
set forth in this chapter;
(7) To recommend policies and make recommendations to agencies and officers of
the state and local subdivisions of government to effectuate the policies of this chapter;
(8) To receive, initiate as provided in section 46a-82, investigate and mediate discriminatory practice complaints;
(9) By itself or with or by hearing officers or human rights referees, to hold hearings,
subpoena witnesses and compel their attendance, administer oaths, take the testimony
of any person under oath and require the production for examination of any books and
papers relating to any matter under investigation or in question;
(10) To make rules as to the procedure for the issuance of subpoenas by individual
commissioners, hearing officers and human rights referees;
(11) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice
as defined in subdivision (8) of section 46a-51, and to adopt regulations, in accordance
with the provisions of chapter 54, for the procedure for the issuance of interrogatories
and compliance with interrogatory requests;
(12) To utilize such voluntary and uncompensated services of private individuals,
agencies and organizations as may from time to time be offered and needed and with
the cooperation of such agencies, (A) to study the problems of discrimination in all or
specific fields of human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of
the state;
(13) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;
(14) To require the posting, by any respondent or other person subject to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of such notices of statutory
provisions as it deems desirable;
(15) (A) To require an employer having three or more employees to post in a prominent and accessible location information concerning the illegality of sexual harassment
and remedies available to victims of sexual harassment; and (B) to require an employer
having fifty or more employees to provide two hours of training and education to all
supervisory employees within one year of October 1, 1992, and to all new supervisory
employees within six months of their assumption of a supervisory position, provided
any employer who has provided such training and education to any such employees
after October 1, 1991, shall not be required to provide such training and education a
second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available
to victims of sexual harassment. As used in this subdivision, "sexual harassment" shall
have the same meaning as set forth in subdivision (8) of subsection (a) of section 46a-60, and "employer" shall include the General Assembly;
(16) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory
and nonsupervisory employees, not later than July 1, 2002, with priority for such training
to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory
employees, not later than six months after their assumption of a position with a state
agency, with priority for such training to supervisory employees. Such training and
education shall include information concerning the federal and state statutory provisions
concerning discrimination and hate crimes directed at protected classes and remedies
available to victims of discrimination and hate crimes, standards for working with and
serving persons from diverse populations and strategies for addressing differences that
may arise from diverse work environments; and (B) submit an annual report to the
Commission on Human Rights and Opportunities concerning the status of the diversity
training and education required under subparagraph (A) of this subdivision. The information in such annual reports shall be reviewed by the commission for the purpose of
submitting an annual summary report to the General Assembly. Notwithstanding the
provisions of this section, if a state agency has provided such diversity training and
education to any of its employees prior to October 1, 1999, such state agency shall not
be required to provide such training and education a second time to such employees.
The requirements of this subdivision shall be accomplished within available appropriations. As used in this subdivision, "employee" shall include any part-time employee
who works more than twenty hours per week;
(17) To require each agency to submit information demonstrating its compliance
with subdivision (16) of this section as part of its affirmative action plan and to receive
and investigate complaints concerning the failure of a state agency to comply with the
requirements of subdivision (16) of this section; and
(18) To enter into contracts for and accept grants of private or federal funds and to
accept gifts, donations or bequests, including donations of service by attorneys.
(1949 Rev., S. 7404; September, 1957, P.A. 11, S. 13; 1967, P.A. 210, S. 1; 715, S. 1; P.A. 75-216, S. 1, 2; 75-597;
P.A. 77-452, S. 62, 72; P.A. 78-280, S. 1, 127; P.A. 80-422, S. 3; 80-483, S. 91, 186; P.A. 81-81, S. 4; P.A. 84-88; P.A.
88-317, S. 97, 107; P.A. 89-332, S. 2, 7; P.A. 90-246, S. 6; P.A. 91-58, S. 21; 91-302, S. 2, 5; P.A. 92-85; P.A. 98-245, S.
9, 14; P.A. 99-180, S. 1; P.A. 01-53, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 190; P.A. 05-201, S. 1.)
History: 1967 acts empowered commission to require posting of notices regarding statutory provisions by employer,
employment agency or labor organization and imposed maximum fine of $250 for failure to do so and authorized establishment of offices the commission deems necessary rather than of a single office in Hartford; P.A. 75-216 empowered
commission to require written answers to interrogatories re complaints under investigation and added provisions re court
action when interrogatories are not answered; P.A. 75-597 empowered commission to enter into contracts for and accept
federal funds; P.A. 77-452 replaced court of common pleas with superior court where appearing; P.A. 78-280 deleted
reference to counties; P.A. 80-422 replaced alphabetic Subdiv. indicators with numeric indicators, deleted provisions
re procedures for court action when commission's powers are defied, re penalties associated with failure to recognize
commission's powers, etc. and re commission's annual report to the governor and empowered commission to employ
commission counsel, to establish rules of practice and to require posting of notice re statutory provisions at places of public
accommodation, resort or amusement; P.A. 80-483 corrected faulty section reference; Sec. 31-125 transferred to Sec. 46a-54 in 1981; P.A. 81-81 amended Subdiv. (10) by adding reference to Sec. "47a-2a" which was subsequently transferred
and redesignated Sec. 46a-64a; P.A. 84-88 amended Subdiv. (10) to require written answers to interrogatories under oath
to any complaint alleging any discriminatory practice and added provision re regulations concerning procedure for issuance
of and compliance with interrogatories; P.A. 88-317 substituted hearing "officers" for hearing "examiners" in Subdivs.
(8) and (9), effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 89-332 added new Subdiv. (2) re organization of commission into division of affirmative action monitoring, division of
discriminatory practice complaints and such other divisions and units as necessary and renumbered remaining Subdivs;
P.A. 90-246 amended Subdiv. (14) by replacing requirement that posting be at place of public accommodation, resort or
amusement with requirement that posting be by respondent or other person subject to requirements of Sec. 46a-64 or 46a-64c; P.A. 91-58 amended Subdiv. (14) to add reference to Secs. 46a-81d and 46a-81e; P.A. 91-302 amended Subdiv. (15)
to permit acceptance of private funds and gifts, donations or bequests, including donations of service by attorneys; P.A.
92-85 inserted new Subdiv. (15) re requiring that employers of three or more employees post information re sexual harassment and remedies available to victims and that employers of fifty or more employees provide two hours training and
education re sexual harassment to all supervisory employees, renumbering former Subdiv. (15) as (16); P.A. 98-245
amended Subdivs. (9) and (10) by adding reference to human rights referees, effective July 1, 1998, and applicable to all
cases pending with the commission or in the courts and cases filed on or after said date; P.A. 99-180 added a new Subdiv.
(16) to establish a three-hour diversity training and education requirement for all state agencies, to establish a related annual
reporting requirement for all state agencies and the commission and added a new Subdiv. (17) to require the commission
to receive and investigate complaints about a state agency's failure to comply with the newly established diversity training
requirement, renumbering former Subdiv. (16) as (18); P.A. 01-53 made technical changes in Subdivs. (11) and (12),
amended Subdiv. (16) by extending date for completion of training from January 1, 2001, to July 1, 2002, and adding
definition of "employee" to include part-time employee who works more than 20 hours per week, and amended Subdiv.
(17) to require agency to demonstrate compliance with training requirement as part of affirmative action plan; June 30 Sp.
Sess. P.A. 03-6 amended Subdiv. (3) to authorize the commission to employ "legal staff as necessary to perform the duties
and responsibilities under section 46a-55" rather than "a commission counsel who shall not be subject to the provisions
of chapter 67", effective August 20, 2003; P.A. 05-201 amended Subdiv. (3) by adding provisions re commission legal
counsel, supervising attorney and admission to practice law, effective July 6, 2005.
See Sec. 4a-60g re commission's duties re set-aside program for small contractors, minority business enterprises,
individuals with disabilities and nonprofit corporations.
Annotations to former section 31-125:
Regulations promulgated under this section cited. 153 C. 172. Cited. 153 C. 173. Cited. 163 C. 327.
Subdiv. (j):
Cited. 35 CS 565.
Annotations to present section:
P.A. 89-332 Sec. 2 cited. 236 C. 681. P.A. 89-332 cited. Id.
Cited. 3 CA 464.
Subdiv. (10):
Cited. 202 C. 601.
Cited. 18 CA 126.