Bill Text: CT SB00371 | 2014 | General Assembly | Comm Sub

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Bill Title: An Act Concerning Retaliation Against Immigrant Workers.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed - Dead) 2014-05-02 - House Calendar Number 501 [SB00371 Detail]

Download: Connecticut-2014-SB00371-Comm_Sub.html

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General Assembly		Raised Bill No. 371
February Session, 2014		LCO No. 2067
		*_____SB00371JUD___041514____*
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)

AN ACT CONCERNING RETALIATION AGAINST IMMIGRANT WORKERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2014) (a) As used in this section:

(1) "Employee" means any individual engaged in service to an employer in a business of his employer;

(2) "Employer" means an individual engaged in business who has employees, including the state and any political subdivision thereof; and

(3) "Unfair immigration-related practice" means any discriminatory practice directed at an employee who has immigrated to this country, including, but not limited to:

(A) Requesting that the employee provide additional or different documents than are required under Section 1324a(b) of Title 8 of the United States Code, or refusing to accept documents provided by the employee pursuant to said section that reasonably appear to be genuine;

(B) Checking or threatening to check the employment authorization status of an employee at a time or in a manner not required under Section 1324a(b) of Title 8 of the United States Code;

(C) Filing or threatening to file a false police report against an employee; and

(D) Contacting or threatening to contact immigration authorities to report an employee.

(b) No employer shall engage in any unfair immigration-related practice against an employee for the purpose of retaliating against such employee for exercising any right afforded to him or her pursuant to the provisions of chapters 557 to 559, inclusive, 561, 563a, 566a, 567, 568 or 571 of title 31 of the general statutes, including, but not be limited to:

(1) Filing a complaint or informing any individual of an employer's alleged violation of any provision of said chapters, provided such complaint or disclosure was made in good faith;

(2) Seeking information regarding whether an employer is in compliance with any provision of said chapters; and

(3) Informing an individual of his or her potential rights and remedies under any provision of said chapters, or assisting such individual in asserting his or her rights or seeking remedies under any provision of said chapters.

(c) Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law or rules of self-regulatory organizations.

(d) Engaging in an unfair immigration-related practice against an employee within ninety days after the employee exercises any right afforded to him or her pursuant to the provisions of chapters 557 to 559, inclusive, 561, 563a, 566a, 567, 568 or 571 of title 31 of the general statutes shall create a rebuttable presumption of having done so in retaliation for the exercise of those rights.

(e) Any employee may file a complaint with the Labor Commissioner alleging violation of subsection (b) of this section, not later than one hundred eighty days after such violation occurs. Upon receipt of such complaint the commissioner shall investigate such complaint and may hold a hearing in accordance with the provisions of chapter 54 of the general statutes. After the hearing, the commissioner shall send each party a written copy of his or her decision.

(f) If the commissioner finds an employer has violated subsection (b) of this section, the commissioner may (1) levy against the employer a civil penalty of up to five hundred dollars for the first violation and one thousand dollars for each subsequent violation, (2) suspend the license of such employer to transact such business in this state for a period of not more than thirty days for a first violation and not more than ninety days for each subsequent violation, and (3) award an employee aggrieved by such violation all appropriate relief including rehiring or reinstatement to his or her previous job, payment of back wages, reestablishment of employee benefits or any other remedies the commissioner may deem appropriate.

(g) Any party aggrieved by the commissioner's decision under subsection (f) of this section may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	New section

LAB	Joint Favorable
JUD	Joint Favorable