The Connecticut General Assembly ended its legislative session quietly for the second year in a row. There were significant employment proposals on pay equity, paid FMLA, sexual harassment and discrimination, paid sick leave, and an increase in the minimum wage, but the General Assembly only passed the pay equity bill.
The General Assembly passed "An Act Concerning Pay Equity." Under this law, employers will be prohibited from inquiring or directing a third party to inquire about a prospective employee's wage and salary, unless the prospective employee has voluntarily disclosed such information.
This law does not apply to employers or third parties who are required to inquire about wage or salary history by federal or state law. The law also does not prohibit employers from inquiring about other elements of a prospective employee's compensation structure (e.g., whether the employee received stock options.) However, the employer may not inquire about the value of other elements of the prospective employee's compensation structure (e.g., the value of the stock options.)
The Governor has indicated that he will sign this bill into law and if signed, it will take effect on January 1, 2019.
No Changes to Sexual Harassment Laws
One of the most surprising developments was the failure of the General Assembly to pass reforms to the state's sexual harassment laws. Proposed bills would have, among other things, increased the number of employers required to provide sexual harassment training and would have required training for non-supervisory employees. One proposal also would have eliminated an important affirmative defense for employers and would have significantly increased the statute of limitations for bringing such claims.
These proposals were made in the wake of the #MeToo movement and had overwhelming support among legislators. It appears that the bill failed to pass due to concerns about a provision extending the statute of limitations for certain sex crimes. It remains to be seen whether the momentum for strengthening the state's laws on sexual harassment will carry through to the next legislative session.
Employers should not take the Connecticut legislature's failure to pass a bill as a sign that the #MeToo movement is waning. In fact, New York state, and New York City, recently passed laws requiring sexual harassment training for all employees. Other neighboring states also are considering new sexual harassment laws. Connecticut employers should continue to review their policies and procedures on preventing and properly responding to harassment in the workplace. Covered employers must continue to train their supervisors and, although not legally required to do so, an increasing number of employers also are training non-supervisory employees.