Sec. 46a-68. (Formerly Sec. 4-61s). State affirmative action plans; filing; monitoring; reports; affirmative action officers; review and investigation of discrimination complaints; regulations.
Sec. 46a-68. (Formerly Sec. 4-61s). State affirmative action plans; filing; monitoring; reports; affirmative action officers; review and investigation of discrimination complaints; regulations. (a) Each state agency, department, board and commission
shall develop and implement, in cooperation with the Commission on Human Rights
and Opportunities, an affirmative action plan that commits the agency, department,
board or commission to a program of affirmative action in all aspects of personnel and
administration. Such plan shall be developed pursuant to regulations adopted by the
Commission on Human Rights and Opportunities in accordance with chapter 54 to
ensure that affirmative action is undertaken as required by state and federal law to provide equal employment opportunities and to comply with all responsibilities under the
provisions of sections 4-61u to 4-61w, inclusive, sections 46a-54 to 46a-64, inclusive,
section 46a-64c and sections 46a-70 to 46a-78, inclusive. The executive head of each
such agency, department, board or commission shall be directly responsible for the
development, filing and implementation of such affirmative action plan.
(b) (1) Each state agency, department, board or commission shall designate a full-time or part-time affirmative action officer. If such affirmative action officer is an employee of the agency, department, board or commission, the executive head of the
agency, department, board or commission shall be directly responsible for the supervision of the officer.
(2) The Commission on Human Rights and Opportunities shall provide training and
technical assistance to affirmative action officers in plan development and implementation.
(3) The Commission on Human Rights and Opportunities and the Permanent Commission on the Status of Women shall provide training concerning state and federal
discrimination laws and techniques for conducting investigations of discrimination
complaints to persons designated by state agencies, departments, boards or commissions
as affirmative action officers and persons designated by the Attorney General or the
Attorney General's designee to represent such agencies, departments, boards or commissions pursuant to subdivision (5) of this subsection. Such training shall be provided
for a minimum of ten hours during the first year of service or designation, and a minimum
of five hours per year thereafter.
(4) (A) Each person designated by a state agency, department, board or commission
as an affirmative action officer shall (i) be responsible for mitigating any discriminatory
conduct within the agency, department, board or commission, (ii) investigate all complaints of discrimination made against the state agency, department, board or commission, and (iii) report all findings and recommendations upon the conclusion of an investigation to the commissioner or director of the state agency, department, board or
commission for proper action.
(B) Notwithstanding the provisions of subparagraphs (A)(i), (A)(ii) and (A)(iii) of
this subdivision, if a discrimination complaint is made against the executive head of a
state agency or department, any member of a state board or commission or any affirmative action officer alleging that the executive head, member or officer directly or personally engaged in discriminatory conduct, or if a complaint of discrimination is made by
the executive head of a state agency, any member of a state board or commission or any
affirmative action officer, the complaint shall be referred to the Commission on Human
Rights and Opportunities for review and, if appropriate, investigation by the Department
of Administrative Services. If the discrimination complaint is made by or against the
executive head, any member or the affirmative action officer of the Commission on
Human Rights and Opportunities alleging that the executive head, member or officer
directly or personally engaged in discriminatory conduct, the commission shall refer the
complaint to the Department of Administrative Services for review and, if appropriate,
investigation. If the complaint is by or against the executive head or affirmative action
officer of the Department of Administrative Services, the complaint shall be referred
to the Commission on Human Rights and Opportunities for review and, if appropriate,
investigation. Each person who conducts an investigation pursuant to this subparagraph
shall report all findings and recommendations upon the conclusion of such investigation
to the appointing authority of the individual who was the subject of the complaint for
proper action. The provisions of this subparagraph shall apply to any such complaint
pending on or after July 5, 2007.
(5) Each person designated by a state agency, department, board or commission as
an affirmative action officer, and each person designated by the Attorney General or
the Attorney General's designee to represent an agency pursuant to subdivision (6) of
this subsection, shall complete training provided by the Commission on Human Rights
and Opportunities and the Permanent Commission on the Status of Women pursuant to
subdivision (3) of this subsection.
(6) No person designated by a state agency, department, board or commission as an
affirmative action officer shall represent such agency, department, board or commission
before the Commission on Human Rights and Opportunities or the Equal Employment
Opportunity Commission concerning a discrimination complaint. If a discrimination
complaint is filed with the Commission on Human Rights and Opportunities or the Equal
Employment Opportunity Commission against a state agency, department, board or
commission, the Attorney General, or the Attorney General's designee, other than the
affirmative action officer for such agency, department board or commission, shall represent the state agency, department, board or commission before the Commission on Human Rights and Opportunities or the Equal Employment Opportunity Commission.
(c) Each state agency, department, board and commission shall file an affirmative
action plan developed in accordance with subsection (a) of this section, with the Commission on Human Rights and Opportunities, semiannually, except that any state agency,
department, board or commission which has an affirmative action plan approved by the
commission may be permitted to file its plan on an annual basis in a manner prescribed
by the commission and any state agency, department, board or commission that employs
twenty or fewer full-time employees shall file its affirmative action plan biennially.
(d) The Commission on Human Rights and Opportunities shall review and formally
approve, conditionally approve or disapprove the content of such affirmative action
plans within ninety days of the submission of each plan to the commission. If the commissioners, by a majority vote of those present and voting, fail to approve, conditionally
approve or disapprove a plan within that period, the plan shall be deemed to be approved.
(e) The Commissioner of Administrative Services and the Secretary of the Office
of Policy and Management shall cooperate with the Commission on Human Rights
and Opportunities to insure that the State Personnel Act and personnel regulations are
administered, and that the process of collective bargaining is conducted by all parties
in a manner consistent with the affirmative action responsibilities of the state.
(f) The Commission on Human Rights and Opportunities shall monitor the activity
of such plans within each state agency, department, board and commission and report
to the Governor and the General Assembly on or before April first of each year concerning the results of such plans.
(g) The Commission on Human Rights and Opportunities shall adopt regulations,
in accordance with chapter 54, to carry out the requirements of this section. Such regulations shall include a schedule for semiannual, annual and biennial filing of plans.
(P.A. 75-536, S. 1-3; P.A. 77-614, S. 66, 610; P.A. 79-255; P.A. 80-422, S. 16; P.A. 83-569, S. 12, 17; P.A. 84-41, S.
1, 2; P.A. 87-255; P.A. 90-246, S. 7; P.A. 99-233, S. 6, 7; P.A. 01-53, S. 1, 2; P.A. 03-151, S. 1; P.A. 05-287, S. 54; P.A.
07-181, S. 1.)
History: P.A. 77-614 replaced department of personnel and administration, i.e. personnel department, with department
of administrative services in Subsec. (a); P.A. 79-255 replaced department of administrative services with commission on
human rights and opportunities, added exception re annual filing and required approval of plan within 75 rather than 60
days in Subsec. (b) and added Subsec. (d) re adoption of regulations; P.A. 80-422 updated section listing in Subsec. (a),
designated provision re deadline for approval as Subsec. (c), deleted provisions re proceedings upon commission's issuance
of complaint for failure to submit plan or submission of plan which violates laws and redesignated former Subsecs. (c)
and (d) accordingly; Sec. 4-61s transferred to Sec. 46a-68 in 1981; P.A. 83-569 amended section to require designation
of full or part-time affirmative action officers trained by commission, to eliminate specified filing dates for plans, to require
formal approval or disapproval of plans within 75 days and to require the commissioner of administrative services and the
secretary of the office of policy and management to cooperate with the commission to insure that state personnel act and
regulations and the collective bargaining process are administered and conducted in a manner consistent with the affirmative
action responsibilities of the state; P.A. 84-41 amended Subsec. (d) increasing length of time for commission to review
plans from 75 to 90 days and providing if commissioners, by a majority of those "present and voting", fail to approve or
disapprove plan, the plan shall be deemed approved; P.A. 87-255 added provisions in Subsec. (a) re direct responsibility
for development, filing and implementation of affirmative action plan and added provisions in Subsec. (b) re direct responsibility for supervision of affirmative action officer; P.A. 90-246 amended Subsec. (a) by adding reference to Sec. 46a-64c;
P.A. 99-233 amended Subsec. (d) to provide for conditional approval of plans, effective June 29, 1999; P.A. 01-53 amended
Subsec. (c) by adding provision re biennial filing of affirmative action plans by state agency or department with twenty
or fewer full-time employees and amended Subsec. (g) by adding reference to biennial filing of plans; P.A. 03-151 amended
Subsec. (b) by dividing existing provisions into Subdivs. (1) and (2) and adding new Subdivs. (3) to (5), inclusive, requiring
CHRO and PCSW to annually provide at least 10 hours of discrimination training to affirmative action officers and other
persons designated to represent state agencies, boards, departments and commissions before the EEOC or CHRO, and
specifying duties, responsibilities and proscriptions for affirmative action officers; P.A. 05-287 amended Subsec. (b)(3)
to apply 10-hour training requirement to first year of service only and to require a minimum of 5 hours of training per year
thereafter; P.A. 07-181 amended Subsec. (b) by designating existing Subparas. in Subdiv. (4) as clauses within Subpara.
(A) and adding new Subpara. (B) requiring that discrimination complaints by or against executive heads of state agencies
or departments, members of state boards or commissions or affirmative action officers be referred to Commission on
Human Rights and Opportunities and may be investigated by Department of Administrative Services, that discrimination
complaints by or against executive head, member or affirmative action officer of Commission on Human Rights and
Opportunities be referred to Department of Administrative Services, that discrimination complaints by or against executive
head or affirmative action officer of Department of Administrative Services be referred to Commission on Human Rights
and Opportunities, by replacing existing Subdiv. (5) with new Subdiv. (5) requiring that affirmative action officers of state
agencies, departments, boards or commissions and persons designated by Attorney General to represent agencies pursuant
to new Subdiv. (6) complete training specified in Subdiv. (3), and by adding new Subdiv. (6) prohibiting affirmative
action officers from representing agencies, departments, boards or commissions before Commission on Human Rights
and Opportunities or Equal Employment Opportunity Commission and requiring Attorney General or designee to make
such representations, effective July 5, 2007.
See Sec. 46a-68a re issuance of and effect of certificate of noncompliance.
Cited. 233 C. 28.