Failure to post notices or provide training and education concerning the illegality of sexual harassment. Penalties. Inspections.

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(a) Any employer, employment agency or labor organization which fails to post such notices of statutory provisions as the commission may require pursuant to subdivision (13) of section 46a-54, shall be fined not more than seven hundred fifty dollars.

(b) Any person who fails to post such notices of statutory provisions as the commission may require pursuant to subdivision (14) of section 46a-54, shall be fined not more than seven hundred fifty dollars.

(c) Any employer who fails to provide the training and education concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment, as required pursuant to subdivision (15) of section 46a-54, shall be fined not more than seven hundred fifty dollars.

(d) During the twelve-month period following the date on which a complaint against an employer has been filed with the commission by an employee or, if the executive director of the commission reasonably believes that an employer is in violation of the provisions of subdivision (13), (14) or (15) of section 46a-54, the executive director of the commission may assign a designated representative of the commission to enter an employer's place of business during normal business hours for purposes of: (1) Ensuring compliance with the posting requirements prescribed in subdivisions (13), (14) and (15) of section 46a-54, and (2) examining records, policies, procedures, postings and sexual harassment training materials maintained by the employer in connection with the requirements of subdivisions (13), (14) and (15) of section 46a-54. A designated representative of the commission, who is carrying out the duties set forth in this subsection, shall ensure that such activities do not unduly disrupt the business operations of the employer. If the employer's place of business is a residential home, the designated representative of the commission shall not enter such residential home without the express permission of such homeowner.

(P.A. 80-422, S. 45; P.A. 19-16, S. 9; 19-93, S. 5.)

History: (Revisor's note: In 1993 references to “subsection (12) of section 46a-54” in Subsec. (a) and to “subsection (13) of section 46a-54” in Subsec. (b) were changed editorially by the Revisors to “subsection (13) of section 46a-54” and “subsection (14) of section 46a-54”, respectively, to reflect the renumbering of Sec. 46a-54 by P.A. 89-332, S. 2 in 1991); P.A. 19-16 amended Subsecs. (a) and (b) to increase maximum fines from $250 to $1,000, further amended Subsec. (a) by making a technical change, added Subsec. (c) re $1,000 fine for failing to provide required training and education re the illegality of sexual harassment and added Subsec. (d) re executive director's or commission's authority to enter employer's place of business for certain purposes; P.A. 19-93 amended Subsecs. (a) to (c) to decrease maximum fines from $1,000 to $750 and make technical changes, and amended Subsec. (d) to add provision limiting application to 12-month period following date on which complaint against employer is filed with commission or when executive director reasonably believes employer is violating Sec. 46a-54(13), (14) or (15) and to add provision re commission to obtain permission to enter employer's place of business that is residential home.


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