reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part II - AN AFFIRMATIVE ACTION PLAN › Section 46a-68-89 - Discrimination complaint process

Current through July 10, 2024
(a) The plan shall
						include a report on the system to process and resolve employee allegations of
						discrimination consistent with chapter 67 and 68 of the Connecticut General
						Statutes. Such system shall provide for the expeditious resolution of
						grievances to assure that legal options for filing complaints with enforcement
						agencies are not foreclosed. The discrimination complaint process shall
						include:
(1) periodic training in counseling
						and grievance investigations for agency counselors;
(2) confidential counseling and procedures
						for informal resolution at the agency level by the equal employment opportunity
						officer;
(3) notice to employees
						that an agency discrimination complaint process is available;
(4) a guarantee of non-retaliation for the
						exercise of rights granted pursuant to this section;
(5) advisement of legal options to file
						complaints with the Commission on Human Rights and Opportunities; United States
						Equal Employment Opportunity Commission; United States Department of Labor,
						Wage and Hour Division; and any other agencies, state, federal or local, that
						enforce laws concerning discrimination in employment; and
(6) time frames not exceeding ninety (90)
						days for filing, processing and resolution of such matters.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part II - AN AFFIRMATIVE ACTION PLAN › Section 46a-68-90 - Goals analysis

Current through July 10, 2024
(a) Each agency
						shall prepare a report on all activity undertaken to achieve the hiring,
						promotion, and program goals contained in the previous affirmative action plan
						and a probing self-analysis of the progress made toward those ends. If the
						analysis reveals additional problem areas or finds any current course of action
						ineffective, the agency shall undertake corrective action as set forth in
						section
						46a-68-88 of the
						Regulations of Connecticut State Agencies.
(b) For each job search, the agency shall
						provide the race and gender of:
(1) the total
						applicant pool;
(2) the qualified
						applicant pool; and
(3) the
						applicants interviewed.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part II - AN AFFIRMATIVE ACTION PLAN › Section 46a-68-91 - Career Mobility

Current through July 10, 2024
(a) All departments
						and agencies of state government shall, pursuant to section
						4-61u
						of the Connecticut General Statutes, establish an effective program of career
						mobility as part of their affirmative action program, as required by section
						46a-68
						of the Connecticut General Statutes, for occupational groups, which shall
						include, but not be limited to, secretarial, clerical, supervisory clerical,
						semiskilled, crafts and trades, supervisory crafts and trades, custodial,
						supervisory custodial and laborers. All departments and agencies of state
						government shall provide, or make provision for, career counseling for such
						occupational groups.
(b) Each
						department and agency of state government shall establish an effective program
						of accommodation and entry level training of persons with disabilities. Such
						programs shall be part of department and agency affirmative action programs
						required by section
						46a-68
						of the Connecticut General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part II - AN AFFIRMATIVE ACTION PLAN › Section 46a-68-92 - Good Faith Efforts

Current through July 10, 2024
An agency has demonstrated good faith efforts when it
						  has engaged in the initiatives articulated in subsections (a) to (d),
						  inclusive, of this section:
(a)
						Promoted equal opportunity to achieve a workplace that is free of
						discrimination;
(1) communicate the agency's
						commitment to equal employment opportunity and affirmative action to all
						employees;
(2) ensure that
						employees are aware of nondiscrimination policies and procedures; post policies
						in a visible location.
(3) ensure
						that departmental processes, procedures, and systems are nondiscriminatory and
						free of bias;
(4) evaluate
						supervisors for making good faith efforts in equal employment opportunity and
						affirmative action; document in performance appraisals;
(5) ensure that reasonable accommodations are
						made for disabled employees;
(6)
						take appropriate and timely action when there has been an allegation of sexual
						harassment; and,
(7) provide
						training to employees to enhance their knowledge of
						non-discrimination.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part II - AN AFFIRMATIVE ACTION PLAN › Section 46a-68-93 - Innovative programs

Current through July 10, 2024
(a) The development
						and implementation of programs not covered elsewhere in the plan is an
						important part of the road to equal employment opportunity. Accordingly, within
						the framework of the affirmative action plan is an open invitation to each
						agency to structure comprehensive programs to create opportunities not
						otherwise available to achieve the full and fair participation of all protected
						group members. Such programs may include, but are not limited to:
(1) summer employment programs;
(2) youth programs;
(3) apprenticeships;
(4) work-study programs;
(5) job sharing arrangements;
(6) internships;
(7) day care programs;
(8) creation of new positions;
(9) outreach for high school and college
						students;
(10) reassignments;
						or
(11) any positive,
						result-oriented program designed to achieve affirmative action.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part II - AN AFFIRMATIVE ACTION PLAN › Section 46a-68-94 - Concluding statement

Current through July 10, 2024
(a) The affirmative
						action plan shall contain a concluding statement that:
(1) acknowledges that the ultimate
						responsibility for promoting and enforcing affirmative action rests with the
						appointing authority, who shall account for the success or failure of the
						plan;
(2) acknowledges that every
						good faith effort to achieve the objectives and goals set forth in the plan has
						been made; and
(3) attests that the
						agency's equal employment opportunity officer reports directly to the agency
						head.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-95 - Filing standards

Current through July 10, 2024
(a) The following
						factors shall determine whether an agency shall file on a biennial, annual or a
						semiannual schedule:
(1) the timeliness of
						prior submissions;
(2) the degree
						to which prior plans are in compliance with applicable law and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies; and
(3) whether the agency has demonstrated good
						faith efforts to achieve the goals of the plan.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-96 - Compliance summary reports; reporting periods

Current through July 10, 2024
For purposes of compliance with section
						  46a-68(f)
						  of the Connecticut General Statutes, each agency shall file, by January 15th of
						  every year, an annual compliance summary report capturing the race and sex
						  composition of the agency workforce in a format prescribed by the Commission on
						  Human Rights and Opportunities.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-97 - Affirmative action plan reporting periods

Current through July 10, 2024
(a) All agencies
						shall file an affirmative action plan with reporting periods and filing dates
						established by the executive director of the Commission on Human Rights and
						Opportunities pursuant to section
						46a-68(g)
						of the Connecticut General Statutes.
(b) Agencies shall have thirty (30) days
						after its affirmative action plan filing schedule to make corrections to such
						plan.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-98 - Record retention

Current through July 10, 2024
All records related to affirmative action plans and all
						  personnel or employment records made or kept shall be preserved by the agency
						  for a period of two (2) years from the date of the making of the record or the
						  personnel action involved, whichever occurs later. Where a charge or complaint
						  of discrimination has been filed, the agency shall preserve all personnel
						  records relevant to the charge or action until final disposition of the matter.
						  Nothing herein shall be construed to supersede a record retention schedule
						  established elsewhere by state or federal law in excess of two (2)
						  years.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-99 - Access to records and personnel

Current through July 10, 2024
Each agency shall permit reasonable access to the
						  Commission on Human Rights and Opportunities staff pursuant to sections
						  46a-68-101
						  to 46a-104, inclusive, of the Regulations of Connecticut State Agencies during
						  normal business hours to its premises for the purpose of conducting on-site
						  compliance reviews or monitoring. Reasonable access shall include interviewing
						  employees and inspecting, and copying books, records, accounts, electronic
						  records or other materials relevant to the evaluation of the plan under review
						  or pertinent to compliance with sections
						  4-61u,
						  4-61w,
						  4a-60
						  or chapter 814 of the Connecticut General Statutes and regulations issued
						  pursuant to said sections or chapter.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-100 - Methods of review

Current through July 10, 2024
Review of an affirmative action plan shall be conducted
						  by Commission on Human Rights and Opportunities staff using one or more of the
						  following methods:
(1) a desk audit of
						the documents, electronic records and material forming the
						submission;
(2) a desk audit of
						documents and material received pursuant to sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies;
(3) an on-site analysis of documents and
						material required by law or sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies to be retained by
						the agency; or
(4) an off-site
						study of documents and material copied and removed from agency
						premises.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-101 - Requests for information

Current through July 10, 2024
In addition to the plan and documents retained on-site
						  pursuant to law or sections
						  46a-68-75 to
						  46a-68-114,
						  inclusive, of the Regulations of Connecticut State Agencies any other
						  information reasonably necessary to assist in the completion of a review or
						  monitoring may be discovered by the Commission on Human Rights and
						  Opportunities staff. Such information shall include, but not be limited
						  to:
(1) production of
						documents;
(2) examination of
						persons upon oral deposition or other method; and
(3) interrogatories.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-102 - Standard of review

Current through July 10, 2024
(a) To receive
						approved status, a plan shall contain all elements required by sections
						46a-68-76
						to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies.
(b) Additionally a plan shall be approved
						only if:
(1) the workforce, considered as a
						whole and by occupational category, is in parity; or
(2) the agency has met all or substantially
						all of its hiring, promotion, and program goals during the reporting period;
						or
(3) the agency has demonstrated
						every good faith effort to achieve such goals and, despite these efforts, has
						been unable to do so; and,
(4) the
						agency has addressed deficiencies previously noted by the Commission on Human
						Rights and Opportunities.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-103 - Plan review and analysis

Current through July 10, 2024
As part of the review process, a written evaluation of
						  the plan shall be prepared by Commission on Human Rights and Opportunities
						  staff. Such evaluation shall:
(1)
						assess the degree of procedural compliance with the Regulations of Connecticut
						State Agencies;
(2) identify and
						comment upon the deficiencies and weaknesses of the plan;
(3) appraise the performance and effort of
						the agency in meeting goals;
(4)
						evaluate the effectiveness of the affirmative action program; and
(5) suggest remedial action in addition to or
						in lieu of that proposed in the plan to achieve a balanced workforce and
						eliminate discriminatory practices.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-104 - Staff review; transmittal

Current through July 10, 2024
Commission on Human Rights and Opportunities staff
						  shall review affirmative action plans and transmit a recommendation that a plan
						  be approved, conditionally approved or disapproved to the Commission on Human
						  Rights and Opportunities and simultaneously to the agency via email. The
						  Commission on Human Rights and Opportunities staff shall include in its
						  transmittal the reasons for its recommendation.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-105 - Commission on Human Rights and Opportunities review

Current through July 10, 2024
(a) The Commission on Human Rights and
						Opportunities shall formally approve, conditionally approve or disapprove an
						affirmative action plan. Plans so approved or conditionally approved shall be
						designated Commission on Human Rights and Opportunities approved plans and
						plans so disapproved shall be designated Commission on Human Rights and
						Opportunities disapproved plans.
(b) If the Commission on Human Rights and
						Opportunities fails to formally approve, conditionally approve or disapprove an
						affirmative action plan within ninety (90) days of the date such plan is
						submitted, the plan shall be deemed to be approved. Such plans shall be
						designated Commission on Human Rights and Opportunities approved plans by
						default.
(c) The Commission on
						Human Rights and Opportunities shall provide notification to an agency via
						email of its approval, conditional approval, or disapproval of that agency's
						plan.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-106 - Training and technical assistance

Current through July 10, 2024
The Commission on Human Rights and Opportunities staff
						  shall provide training and technical assistance to appointing authorities and
						  equal employment opportunity officers in the development and implementation of
						  affirmative action plans. Such training and technical assistance shall include
						  notification of the provisions of state and federal equal opportunity
						  law.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part III - REVIEW AND MONITORING › Section 46a-68-107 - Delegation of authority

Current through July 10, 2024
(a) To assure
						effective and efficient implementation and enforcement of section
						46a-68
						of the Connecticut General Statutes the Commission on Human Rights and
						Opportunities finds that it is necessary to delegate certain responsibilities
						to its staff. Accordingly, pursuant to section
						46a-54(2),
						(4) and (5) of the Connecticut General
						Statutes, the Commission on Human Rights and Opportunities delegates and
						assigns the following responsibilities and duties:
(1) staff shall review affirmative action
						plans filed with the Commission on Human Rights and Opportunities to determine
						compliance with the relevant statutes and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies and submit their
						review in a format approved by the Commission on Human Rights and Opportunities
						with a recommendation of approval, conditional approval or
						disapproval;
(2) staff shall
						provide technical assistance for agency personnel to acquaint them with the
						requirements of section
						46a-68
						of the Connecticut General Statutes and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies and to assist
						agencies in achieving compliance;
(3) staff shall monitor the implementation of
						affirmative action plans to determine the progress achieved by agencies
						pursuant to the requirements of the law and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies; and
(4) staff shall endeavor to achieve voluntary
						compliance with the law and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies. Upon a failure to
						achieve voluntary compliance, the staff shall make recommendations for further
						action by the Commission on Human Rights and Opportunities.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-108 - Letters of commitment

Current through July 10, 2024
(a) If the
						Commission on Human Rights and Opportunities identifies, under the standards
						announced in sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies any portion of an
						agency affirmative action plan or program as deficient for failing to comply in
						all particulars with the requirements of section
						46a-68
						of the Connecticut General Statutes or sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies the agency shall,
						within thirty (30) days from the date notice of the Commission on Human Rights
						and Opportunities action is received, accept or reject the Commission on Human
						Rights and Opportunities' proposals to achieve compliance therewith.
(b) In the event that an agency refuses to
						adopt the proposals contained in the Commission on Human Rights and
						Opportunities review, the Commission on Human Rights and Opportunities may meet
						with the agency and attempt to resolve any outstanding differences to the
						mutual satisfaction of the parties. Any agreement reached at such meeting
						between an agency and the Commission on Human Rights and Opportunities shall be
						in writing and signed by the agency appointing authority and equal employment
						opportunity officer and accepted by a representative of the Commission on Human
						Rights and Opportunities.
(c) The
						staff of the Commission on Human Rights and Opportunities shall closely monitor
						the agency's efforts to attain the goals contained in the letter of commitment
						and shall report any agency which fails to comply with its letter of commitment
						to the Commission on Human Rights and Opportunities and the governor. Absent
						good cause shown, failure to honor, implement, or achieve the terms of a letter
						of commitment shall be viewed as a failure to cooperate with the Commission on
						Human Rights and Opportunities within the meaning of section
						46a-77
						of the Connecticut General Statutes..
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-109 - Certificate of noncompliance; service

Current through July 10, 2024
(a) The Commission
						on Human Rights and Opportunities may issue a certificate of noncompliance in
						accordance with section
						46a-68a
						of the Connecticut General Statutes and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies if the affirmative
						action plan of any agency is disapproved.
(b) The issuance of a certificate of
						noncompliance shall bar the agency in noncompliance with section
						46a-68
						of the Connecticut General Statutes from filling a position or position
						classification by hire or promotion upon receipt of the certificate, the
						provisions of any state law or regulation to the contrary notwithstanding,
						until:
(1) the Commission on Human Rights and
						Opportunities determines that the agency has achieved compliance with section
						46a-68
						of the Connecticut General Statutes, and withdraws the certificate;
						or
(2) the Commission on Human
						Rights and Opportunities, at a hearing requested by the agency receiving the
						certificate and conducted by a presiding officer appointed by the chairperson
						of the Commission on Human Rights and Opportunities, is unable to show cause
						why the certificate of noncompliance should not be rescinded or a court, upon
						appeal, so determines; or
(3) the
						Commissioner of Administrative Services and the Secretary of the Office of
						Policy and Management certify to the Commission on Human Rights and
						Opportunities that the agency in noncompliance with section
						46a-68
						of the Connecticut General Statutes requires immediate filling of the vacancy
						because failure to fill the position or position classification will cause an
						emergency situation to exist, jeopardizing the public welfare.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-110 - Petition for withdrawal of certificate; agreements; effect; monitoring; reissuance of certificate

Current through July 10, 2024
(a) An agency
						receiving a certificate of noncompliance may petition the Commission on Human
						Rights and Opportunities for withdrawal of the certificate. A petition for
						withdrawal shall be addressed to the chairperson of the Commission on Human
						Rights and Opportunities and a certificate of noncompliance may be withdrawn by
						a majority vote of the commissioners present and voting.
(b) The Commission on Human Rights and
						Opportunities may withdraw a certificate of noncompliance if the petitioning
						agency:
(1) shows that is has corrected the
						deficiencies noted in prior plan reviews and achieved compliance with section
						46a-68
						of the Connecticut General Statutes, and sections
						46a-68-75 to
						46a-68-114,
						inclusive, of the Regulations of Connecticut State Agencies; or
(2) enters into an agreement with the
						Commission on Human Rights and Opportunities to do so within specified time
						frames.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-111 - Request for rescission of certificate; hearings; appeal

Current through July 10, 2024
(a) An agency receiving a certificate of
						noncompliance may request rescission of the certificate.
(b) Upon receipt of a request for rescission,
						the chairperson of the Commission on Human Rights and Opportunities shall
						appoint a presiding officer to determine whether the certificate should be
						rescinded. Such certificate shall be rescinded if the presiding officer
						determines that the Commission on Human Rights and Opportunities is unable to
						show cause why the certificate should continue or a court, upon appeal, so
						decides.
(c) Hearings under this
						section shall be conducted in accordance with sections
						4-177
						to
						4-182,
						inclusive, of the Connecticut General Statutes.
(d) A final order of the presiding officer
						may be appealed pursuant to section
						46a-94a
						and
						4-183 of
						the Connecticut General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-113 - Commission on Human Rights and Opportunities complaints

Current through July 10, 2024
The Commission on Human Rights and Opportunities may
						  issue a complaint if:
(1) it has
						reason to believe that any person has been engaged in a discriminatory practice
						as defined by section
						46a-51(8)
						of the Connecticut General Statutes; or
(2) an affirmative action plan is in
						violation of any of the provisions of sections
						4-61u,
						4-61w,
						or
						46a-70
						to
						46a-78,
						inclusive, of the Connecticut General Statutes or sections
						46a-68-97
						to
						46a-68-106,
						inclusive of the Regulations of Connecticut State Agencies; or
(3) an agency, department, board or
						commission fails to submit the affirmative action plan required by section
						46a-68
						of the Connecticut General Statutes in accordance with the schedule for filing
						such plans.
Connecticut Administrative Code › Title 46a - Human Rights › 68 - Affirmative Action Plans by State Government Agencies Equal Employment Opportunity in Apprenticeship and Training › Affirmative Action by State Government › Part IV - Enforcement Procedures › Affirmative Action Plans by State Government Agencies › Part IV - ENFORCEMENT PROCEDURES › Section 46a-68-114 - Complaint investigation and hearing

Current through July 10, 2024
The investigation and hearing of a complaint filed
						  pursuant to section
						  46a-82
						  of the Connecticut General Statutes and sections
						  46a-68-75 to
						  46a-68-114, inclusive, of the Regulations of Connecticut State Agencies shall
						  proceed according to the procedures provided in sections
						  46a-83
						  to
						  46a-89a,
						  inclusive,
						  46a-94a,
						  46a-95
						  and
						  46a-96
						  of the Connecticut General Statutes and regulations adopted
						  thereunder.
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part I - Definitions and General Provisions › Section 46a-68j-21 - Definitions

Current through July 10, 2024
As used in Sections 46a-68j-21 to
				  46a-68j-43
				  inclusive:
(1) "Affirmative action"
				means positive action, undertaken with conviction and effort, to overcome the
				present effects of past discriminatory practices, to achieve the full and fair
				participation of women and minorities in contract and employment opportunity,
				and to assure that qualified minority business enterprises enter the economic
				mainstream of this state's economy. Additionally, "affirmative action" shall
				mean the responsibility of contractors to develop and implement strategies to
				achieve equality of contracting and employment opportunity as required by
				Sections
				46a-68c
				and
				46a-68d
				of the Connecticut General Statutes, as amended by Sections 3 and 4,
				respectively, of Public Act 89-253;
(2) "Agency" means the state or any political
				subdivision of the state other than a municipality;
(3) "Awarding agency" means an agency which
				has awarded or granted a contract subject to Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253;
(4) "Commission" means the
				commission on human rights and opportunities created by Section
				46a-52
				of the Connecticut General Statutes as amended by Section 1 of Public Act
				89-332;
(5) "Contract" means any
				agreement, written or otherwise, between any person and an awarding agency for
				goods or services;
(6) "Contract
				compliance requirements" or "contract compliance statutes" means, if the
				awarding agency is the state, both Sections
				4a-60,
				as amended by Section 2 of Public Act 89-253, and 46a-71(d) of the Connecticut
				General Statutes; and, if the awarding agency is a political subdivision of the
				state other than a municipality, but not the state, only Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253;
(7) "Contractor" means a
				party to a contract with an awarding agency, and includes a contractor's
				agents, successors, assigns or any other present or future enterprise sharing
				one or more of the following characteristics with the contractor:
(a) interlocking directorships;
(b) interrelation of operations
(c) common management;
(d) common control of labor relations,
(e) common ownership of stock,
				equipment or materials;
(f) common
				financial control of operations; or
(g) any other factor evidencing such
				intermingling of affairs that it is unjust to recognize the separate existence
				of otherwise nominally independent entities. In addition to the foregoing, the
				word "contractor" shall include a subcontractor if the awarding agency is the
				state or if the contract is for a public works project;
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part I - Definitions and General Provisions › Section 46a-68j-22 - Nondiscrimination clause

Current through July 10, 2024
(a) Every contract
				or subcontract subject to contract compliance requirements shall contain the
				covenants required by Section
				4a-60
				of Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253.
(b) The contract provisions
				required by Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of the Public Act
				89-253, shall be an implied term of every contract to which an awarding agency
				is a party, regardless of whether they are expressly incorporated into the
				contract.
(c) Failure to include
				the contract provision required by Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253, in a contract or subcontract subject to contract compliance
				requirements, or ignorance of contract compliance requirements shall not excuse
				a party from complying with the mandates expressed in Sections
				4a-60,
				as amended by Section 2 of Public Act 89-253, or 46a-71 (d) of the Connecticut
				General Statutes.
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-23 - Obligations of contractors

Current through July 10, 2024
Every contractor awarded a contract subject to contract
				  compliance requirements shall:
(1)
				comply fully with all federal and state antidiscrimination and contract
				compliance laws, and shall not discriminate or permit a discriminatory practice
				to be committed;
(2) cooperate
				fully with the commission;
(3)
				submit periodic reports of its employment and subcontracting practices in such
				a form, in such a manner and at such a time as may be prescribed by the
				commission;
(4) provide reasonable
				technical assistance and training to minority business enterprises to promote
				the participation of such concerns in state contracts and
				subcontracts;
(5) make a good faith
				effort, based upon the availability of minority business enterprises in the
				labor market area, to award a reasonable proportion of all subcontracts to such
				enterprises;
(6) maintain full and
				accurate support data for a period of two (2) years from the date the record is
				made or the date the contract compliance form is submitted, whichever is later,
				provided that this provision shall not excuse compliance with any other
				applicable record retention statute, regulation or policy providing for a
				period of retention in excess of two (2) years;
(7) not discharge, discipline or otherwise
				discriminate against any person who has filed a complaint, testified or
				assisted in any proceeding with the commission;
(8) make available for inspection and copying
				any support data requested by the commission, and make available for interview
				any agent, servant or employee having knowledge of any matter concerning the
				investigation of a discriminatory practice complaint or any matter relating to
				a contract compliance review;
(9)
				include a provision in all subcontracts with minority business enterprises
				requiring that the minority business enterprise provide the commission with
				such information on its structure and operations as the commission finds
				necessary to make an informed determination as to whether the standards of
				Section
				4a-60
				of the Connecticut General Statutes, as amended by Section 2 of Public Act
				89-253, have been met; and
(10)
				undertake such other reasonable activities or efforts as the commission may
				prescribe to ensure the participation of minority business enterprises as state
				contractors and subcontractors.
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-25 - Affirmative action obligations of contractors required to file plans pursuant to Section 46a-68c of the Connecticut General Statutes, as amended by Section 3 of Public Act 89-253

Current through July 10, 2024
(a) In addition to
				the obligations of Section
				46a-68j-23,
				and 24, a contractor subject to the requirements of Section
				46a-68c
				of the Connecticut General Statutes, as amended by Section 3 of Public Act
				89-253, shall develop and implement an affirmative action plan conforming to
				Section
				46a-68j-27.
				Such plan shall be filed with the commission within thirty (30) days of the
				date the contract is awarded. For good cause shown, the commission may extend
				the time for filing the plan. No plan shall be considered a plan unless and
				until it is approved by the commission. Plans shall contain the following
				elements more particularly described in Section
				46a-68j-27:
(1) policy statement;
(2) internal communication;
(3) external communication;
(4) assignment of responsibility;
(5) organizational analysis;
(6) work force analysis;
(7) availability analysis;
(8) utilization analysis;
(9) hiring/promotion goals and timetables;
				and
(10) concluding statement and
				signature.
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-26 - Affirmative action obligations of contractors required to file plans pursuant to Section 46a-68d of the Connecticut General Statutes, as amended by Section 4 of Public Act 89-253

Current through July 10, 2024
(a) In addition to
				the obligations of Sections
				46a-68j-23,
				46a-68j-24
				and
				46a-68j-25,
				a contractor subject to the requirements of Section
				46a-68d
				of the Connecticut General Statutes, as amended by Section 4 of Public Act
				89-253, shall develop and implement an affirmative action plan conforming to
				Section
				46a-68j-28.
				Such plan shall be filed with the commission within thirty (30) days after a
				bid has been accepted by an awarding agency, or in advance of or at the same
				time as the bid is submitted, as the contractor elects. For good cause shown,
				the commission may extend the time for filing a plan, provided that the
				awarding agency agrees in writing to withhold two per cent of the total
				contract price per month until the plan is filed and approved by the
				commission. No plan shall be considered a plan unless and until it has been
				approved by the commission. Plans shall contain all elements listed in Section
				46a-68j-25,
				as well as the following elements more particularly described in Section
				46a-68j-28:
(1) employment analysis;
(2) subcontractor availability
				analysis;
(3) minority business
				enterprises goals and timetables;
(4) program goals and timetables;
				and
(5) minority business
				enterprises assistance and innovative programs.
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-27 - Elements of plans required by Section 46a-68c of the Connecticut General Statutes as amended by Section 3 of Public Act 89-253

Current through July 10, 2024
Affirmative action plans required by Sections
				  46a-68c
				  and
				  46a-68d
				  of the Connecticut General Statutes as amended shall contain the following
				  elements as described below:
(1)
				policy statement. The policy statement shall be signed and dated by the
				contractor:
(A) identifying the individual
				assigned affirmative action responsibilities;
(B) affirming the contractor's commitment to
				achieve equal employment opportunity through affirmative action; and
(C) pledging the contractor's best good faith
				efforts to attain the objectives of the plan;
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-28 - Elements of plans required by Section 46a-68d of the Connecticut General Statutes as amended by Section 4 of Public Act 89-253

Current through July 10, 2024
In addition to the elements in Section
				  46a-68j-27,
				  affirmative action plans subject to the requirements of Section
				  46a-68d
				  of the Connecticut General Statutes as amended shall contain the following
				  elements as described below:
(1)
				employment analysis. The contractor shall undertake a comprehensive review of
				the employment process to identify policies and practices that build in or
				perpetuate barriers to equal employment opportunity. Where applicable, the
				following factors shall be addressed:
(A) job
				qualifications;
(B) job
				specifications;
(C) recruitment
				practices;
(D) personnel policies;
(E) job structuring;
(F) training and apprenticeship programs;
(G) subcontracting practices; and
(H) layoff and termination
				policies. The plan shall report what activities were undertaken to identify
				barriers to equal employment opportunity;
Connecticut Administrative Code › Title 46a - Human Rights › 68j - Contract Compliance › Part II - Obligations of Contractors › Section 46a-68j-29 - Exempt contractors and subcontractors

Current through July 10, 2024
(a) A contractor
				meeting the following requirements may at any time apply to the commission for
				exemption from contract compliance requirements and the commission may exempt a
				contractor if:
(1) the contractor has been
				found in compliance with antidiscrimination or contract compliance statutes, as
				provided for in Section
				46a-68j-32(c);
(2) the work to be performed under the
				contract is to be or has been performed outside the state and no recruitment of
				workers within the limits of the state is involved;
(3) the contract awarded is for less than
				$10,000.00;
(4) the number of
				workers employed by the contractor or subcontractor to perform the contract
				totals twenty-five (25) or less; or
(5) the contractor is a sole source provider
				of goods or services not readily available and the benefit to the state greatly
				outweighs contract compliance considerations.