Governor M. Jodi Rell today signed legislation that makes important revisions to the state laws concerning gender discrimination in employment, extending the time for filing a complaint and bolstering the whistleblower protections for employees involved in such cases while expanding possible employer defenses and permitting a judge to award damages when a company violates the law.
“This law re-emphasizes the message that Connecticut will not tolerate discrimination of any kind,” Governor Rell said. “There is no room – and no excuse – for the outmoded notion that women deserve any less pay for doing the same job as men. We would not tolerate that sort of discrimination on the basis of race and we must not tolerate it on the basis of gender. Nor will we stand still when a company lashes out against employees who stand up for their rights or the rights of their colleagues.
“At the same time, this law provides important protections for our employers against unsubstantiated claims of gender discrimination,” the Governor said. “It also gives judges the flexibility they need to deal with the variety of scenarios presented in discrimination cases. These are much-needed revisions to our gender discrimination laws and I want to thank two state Senators – Sam Caligiuri and Edith Prague – who worked together to get these improvements passed into law.”
“Given that women continue to be paid less than men for performing similar work, it is important that we strengthen our laws to help ensure that men and women be paid equally,” said Senator Caligiuri (R-16). “This law will help us to reach that goal. I was honored to work with Senator Edith Prague (D-19) in a bipartisan manner in order to turn this important idea into a new law that will help the women and families of Connecticut.”
The bill extends the period for filing a claim from one year to two years. Current law gives whistleblower protection to an employee who files such a claim; the new law extends those protections to colleagues who testify or otherwise assist in a gender discrimination case.
The legislation spells out defenses that an employer can use against a gender discrimination claim, including use of a pay system that is based on quantity or quality of production or a system that is based on some factor other than gender such as training, experience or education. It also allows judges in discrimination cases to award compensatory and punitive damages as well as back pay and – if the suit is filed by the employee, rather than the state – attorney’s fees. Under current law, a judge could only award back pay and attorney’s fees while fining the company $200 for each violation.
The bill is House Bill 6185, An Act Concerning Penalties for Violations of Certain Personnel Files Statutes.
