Connecticut Expands Anti-Discrimination Law

The following article was submitted by Berchem Moses PC. It is posted here with permission. 

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The list of protected statuses under the Connecticut Fair Employment Practices Act grows longer. 

CFEPA prohibits employment discrimination and harassment because of an “individual’s race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran or status as a victim of domestic violence,” and prohibits retaliation against an employee for engaging in protected activities under CFEPA.

“Status as a victim of domestic violence” was added to the list of protected statuses in 2022. 

Now, the Connecticut Fair Employment Practices Act legislation expands to include “status as a victim of sexual assault” and “status as a victim of trafficking in persons.” 

Obligations

Victims of domestic violence, sexual assault, and trafficking in persons have the right under CFEPA to a “reasonable leave of absence” as an accommodation to seek attention for injuries caused by domestic violence, sexual assault, or trafficking in persons or to obtain services related to the domestic violence, as long as the absence does not cause an undue hardship to the employer. 

Employers may request specific supporting documentation from employees to demonstrate the need for the leave. 

Employers may request specific supporting documentation from employees to demonstrate the need for the leave. 

Further, employers must maintain confidentiality of the employee’s status as a victim, to the extent permitted by law.

Employers should update their anti-discrimination policies to comport with this law and should ensure that managers are aware of the anti-discrimination, confidentiality, and leave obligations. 

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About the author: Rebecca Goldberg is a partner in Berchem Moses PC’s Milford office. She works with human resources professionals and business managers to counsel them through the most challenging workplace situations, from harassment complaints to concerns about an employee’s mental or physical health.