Testing & Privacy | HIV/AIDS | Connecticut

Questions and answers on HIV/AIDS Testing and Privacy. Also visit our pages on HIV/AIDS Discrimination and Other HIV-Related Questions.

Does Connecticut have a law governing HIV testing?

Yes, but the law was changed significantly in 2009 eliminating the need to get specific informed consent each time an HIV-related test is done and the need to do pre-test counseling. Instead, a general consent for medical care is sufficient as long as the general consent contains an instruction to the patient that the patient “may” be tested for HIV unless the patient “choose[s] not to be tested for HIV” (Conn. Gen. Stat. sec. 19a-582(a)). Under this system, the burden is on the patient who does not want to be tested for HIV to communicate that refusal to the healthcare provider.

If the person declines an HIV-related test, then that will be documented in the patient’s record, but otherwise the medical provider does not need to get the patient’s specific consent to perform an HIV-related test. The term “HIV-related test” includes a test for any agent “thought to cause or indicate the presence of HIV infection” (Conn. Gen. Stat. sec. 19a-581 (6)).

Are there requirements for what must be provided to the patient at the time the results of the HIV-related test are communicated?

Yes, Connecticut law specifies counseling or referral to counseling must be provided, as needed (Conn. Gen. Stat. sec. 19a-582 (c)):

for coping with the emotional consequences of learning an HIV test result,
regarding potential discrimination issues,
for behavior modification to prevent transmission,
to inform the person of available medical treatments and services and HIV support services agencies, and
regarding the need to notify partners.

Can a physician test a minor for HIV without consent of a parent or guardian?

Yes, Connecticut law explicitly provides that the “consent of a parent or guardian shall not be a prerequisite to testing of a minor” (Conn. Gen. Stat. sec. 19a-582 (a)).

Connecticut law also requires that at the time a minor receives the test result, if they were tested without parental consent, the provider must give the minor counseling or referrals to “work towards” involving the minor’s parents in decision-making about medical care. In addition, the minor must receive actual counseling about the need to notify partners (Conn. Gen. Stat. sec. 19a-582 (c)).

Are there circumstances under which Connecticut law permits HIV testing, even against a person’s wishes?

Yes, Connecticut law permits involuntary HIV testing, without the need for informed consent, in several situations. The following four circumstances are the most important circumstances permitting involuntary testing:

1. Occupational Exposure – Significant Exposure Required

Connecticut law permits a nonconsensual “HIV-related test” of the source of a “significant exposure” (the threshold requirement that there be a “significant exposure” means “a parenteral exposure such as a needlestick or cut, or mucous membrane exposure such as a splash to the eye or mouth, to blood or a cutaneous exposure involving large amounts of blood or prolonged contact with blood, especially when the exposed skin is chapped, abraded, or afflicted with dermatitis.” Conn. Gen. Stat. sec. 19a-581 (14). Department of Health Services Regulations additionally list a variety of internal organ fluids whose contact can constitute a “significant exposure” and lists sexual assault in the course of occupational duties as a mode of “significant exposure” as well. See Department of Public Health, Public Health Code sec. 19a-589-1(o) .Exposure to urine, feces, saliva, sweat, tears, and vomit is excluded, unless the fluid in question contains visible amounts of blood. Likewise, human bites or scratches are excluded unless there is direct blood to blood or blood to mucous membrane contact. Id) to HIV which occurs during a person’s occupational duties (Conn. Gen. Stat. sec. 19a-582 (d)(5)).

In order to obtain a nonconsensual HIV test of a source, the subject employee must:

Document the occurrence of a significant occupational exposure and complete an incident report within 48 hours;
Have a negative baseline HIV test within 72 hours;
Through a physician, have attempted to obtain and been refused, voluntary consent from the source;
“Be able to take meaningful immediate action…which could not otherwise be taken” (such as beginning a prophylactic drug regimen or making decisions regarding pregnancy or breastfeeding); and
Have an “exposure evaluation group” determine that the above criteria are met (an “exposure evaluation group” means at least three impartial health care providers, one of whom must be a physician, who determine the existence of a “significant exposure.” Conn. Gen. Stat. sec. 19a-581 (15)).

How the Test Occurs

If the source is a patient in a health, correctional, or other facility, an available sample of blood may be tested or a blood sample may be drawn from the source and tested.

If the source is not in such a facility and a physician certifies that there has been a significant exposure, the worker may seek a court order for testing.

The employer must pay the cost of the HIV test.

2. Inability to Consent

A licensed health care provider may order a nonconsensual HIV test when the subject is unable to consent or lacks capacity to give or refuse consent and the test is necessary for “diagnostic purposes to provide appropriate urgent care” (Conn. Gen. Stat. sec. 19a-582 (d)(1)).

3. Incarcerated People

The Department of Correction may perform involuntary HIV testing on an incarcerated person either because it is necessary for the diagnosis or treatment of an illness, or if the incarcerated person’s behavior poses a significant risk of transmission to another incarcerated person or has resulted in a significant exposure to another incarcerated person (“Significant risk of transmission” means “sexual activity that involves transfer of one person’s semen, vaginal or cervical secretions to another person or sharing of needles during intravenous drug use.” Conn. Gen. Stat. sec. 19a-581 (13)), (Conn. Gen. Stat. sec. 19a-582 (d)(6), (d)(7)).In both situations, there must be no reasonable alternative to testing available to achieve the same goal.

4. By Court Order

Connecticut law contains a broad provision permitting a court to order an HIV test when the court determines that there is a “clear and imminent danger to the public health or the health of a person and that the person has demonstrated a compelling need for the HIV-related test result which cannot be accommodated by other means” (Conn. Gen. Stat. sec. 19a-582 (d)(8)). In its assessment, the court must weigh the need for the test result against both the “privacy interests of the test subject and the public interest which may be disserved by involuntary testing” (Conn. Gen. Stat. sec. 19a-582 (d)(8)), (additional provisions for HIV testing without consent under Connecticut law include: (1) testing human organs, tissues, blood, or semen which are being used in medical research or therapy or for transplantation; (2) for research purposes if the identity of the subject cannot be determined; or (3) to determine the cause of death. See Conn. Gen. Stat. sec. 19a-582 (d) generally).

Do the same laws that pertain to testing done by health organizations pertain to testing done by insurers?

No, Connecticut law makes a distinction between HIV testing by health organizations and HIV testing done by insurers. A separate set of laws governs HIV testing by insurers, rather than the general HIV testing statute (Conn. Gen. Stat. sec. 19a-586).

In order to take any HIV-related test of an insurance applicant, the insurer must obtain written informed consent (Conn. Gen. Stat. sec. 19a-586). The Commissioner of Insurance has developed a required format for such consent. An insurer may use an alternative form which must be filed with the Insurance Commissioner.

May life and health insurers and health centers disclose a positive HIV-related test result to any group for any reason?

Yes, the law permits life and health insurers and health centers to disclose a positive HIV-related test result to an organization that collects information about insurance applicants for the purpose of detecting fraud or misrepresentation, but such disclosure must be in the form of a code that includes many other test results and could not therefore be used to reasonably identify an applicant’s test result as an HIV-related test (Conn. Gen. Stat. sec. 19a-587).

Are there unique requirements for the administration of HIV tests for pregnant people and newborns?

Yes, any health care provider giving prenatal care to a pregnant person must explain to them that HIV testing is a part of routine prenatal care and inform the patient of the health benefits to themself and their newborn of being tested for HIV infection. The requirements for consent and post-test counseling are the same as those discussed at the beginning of this topic (Conn. Gen. Stat. sec. 19a-593 (a)). If the pregnant person consents to HIV testing, the result will be listed in their medical file.

If a pregnant person is admitted for delivery and there is no documentation of HIV-related testing in their medical record, the health care provider must inform them of the health benefits to themself and their newborn of being tested for HIV infection either before delivery or within 24 hours after delivery. The health care provider must then administer an HIV test unless there is a specific written objection from the patient (Conn. Gen. Stat. sec. 19a-593 (b)).

Are there HIV testing laws that are specific to newborns?

Yes, all newborns shall be administered an HIV-related test as soon after birth as medically appropriate, unless the infant’s parents object to the test as being in conflict with their “religious practice.” This mandate does not apply if the person who gave birth was tested pursuant to the laws described above (Conn. Gen. Stat. sec. 19a-55 (a)).

In addition, the Department of Public Health may establish a registry of data on infants who have been exposed to HIV or AIDS medication in order to study the potential long-term effects of such medication on infants.

Is there an HIV-related law that governs HIV/AIDS vaccine researchers?

Yes, the HIV-related law that governs HIV/AIDS vaccine researchers states that when a drug is developed and tested to determine its success as a vaccine against HIV/AIDS, a manufacturer, research institution, or researcher will not be held liable for civil damages resulting from clinical trials where the drug is administered to research subjects. This immunity from liability must be presented to the research subject in writing and that person (or their parent or guardian in the case of a minor) must provide informed written consent to act as a research subject (Conn. Gen. Stat. sec. 19a-591(a & b)).

Are there laws in Connecticut that protect the privacy of medical information, such as HIV?

Connecticut law contains a broad prohibition against the disclosure by any person, without a written release, of “confidential HIV-related information” (the term “confidential HIV-related information” means any information “pertaining to” a person who has “been counseled regarding HIV infection, is the subject of an HIV-related test or, who has been diagnosed as having HIV infection, AIDS, or HIV-related illness.” Conn. Gen. Stat. sec. 19a-581 (7), (8). It includes information which even reasonably could identify a person as having such conditions and information relating to such individual’s partners. Conn. Gen. Stat. sec. 19a-581 (8)), (Conn. Gen. Stat. sec. 19a-583 (a)).

Does a person with HIV have a Constitutional right to privacy?

Many courts have found that a person has a constitutional privacy right to the nondisclosure of HIV status. Courts have based this right on the Due Process Clause of the U.S. Constitution, which creates a privacy interest in avoiding disclosure of certain types of personal information.

The constitutional right to privacy can only be asserted when the person disclosing the information is a state or government actor — e.g. police, prison officials, doctors at a state hospital.

To determine whether there has been a violation of this right to privacy, courts balance the nature of the intrusion into a person’s privacy against the weight to be given to the government’s legitimate reasons for a policy or practice that results in disclosure.

Are there circumstances under which Connecticut law permits the disclosure of HIV status without written informed consent?

Yes, Connecticut law provides for disclosure of HIV status under specifically prescribed circumstances:

To a health care provider or facility when necessary to provide “appropriate care or treatment” (Conn. Gen. Stat. sec. 19a-583(a) (4)).
To a health care worker or other employee where there has been a “significant occupational exposure” and the requirements articulated above are met.
To employees of hospitals for mental illness operated by the Department of Mental Health and Addiction Services if the infection control committee determines the patient’s behavior poses a significant risk of transmission to another patient (Conn. Gen. Stat. sec. 19a-583 (a)(8)). Disclosure may only occur if it is likely to prevent or reduce the risk of transmission and no reasonable alternative, such as counseling, is available to achieve the same goal.
To employees of facilities operated by the Department of Correction to provide services related to HIV-infection or if the medical director and chief administrator determine that the incarcerated person’s behavior poses a significant risk of transmission to another incarcerated person or has resulted in a significant exposure to another incarcerated person at the facility (Conn. Gen. Stat. sec. 19a-583 (a)(9)).
To life and health insurers in connection with underwriting and claims activity for life, health, and disability benefits (Conn. Gen. Stat. sec. 19a-583 (a)(11)).

To any person allowed access to such information by a court order, as described above. There are safeguards to protect the privacy of the source in any such court proceeding and subsequent disclosure of HIV-related information (Conn. Gen. Stat. sec. 19a-583).

How can violations of the testing and privacy statute be addressed?

Under Connecticut law, a person can recover compensatory damages for any injury suffered from a “willful” violation of the informed consent and confidentiality requirements (Conn. Gen. Stat. sec. 19a-590).

The phrase “willful” violation has been interpreted by the Supreme Court of Connecticut to mean simply that the disclosure of HIV-related information must be knowingly made. It need not be intended to produce injury (see Doe v. Marselle, 675 A.2d 835, 236 Conn. 845 (1996)).

Does Connecticut have reporting laws that require HIV or AIDS diagnoses to be reported to the Connecticut Department of Health?

Yes. All states require that certain health conditions be reported to public health authorities in order to track epidemiological trends and develop effective prevention strategies. Connecticut requires that physicians report to the Department of Public Health; 1) patients diagnosed with AIDS; 2) patients testing positive for HIV; 3) and children born to HIV positive people. Information collected is kept confidential.

What does the phrase “duty to warn” refer to?

The term “duty to warn” refers to situations in which a counselor or physician may learn that a client is engaging in unprotected sex without having disclosed their HIV-positive status to the partner or partners. Many people have asked whether there is a legal basis to breach client or patient confidentiality under these circumstances.

Does Connecticut have an HIV-specific duty to warn statute that pertains to physicians and public health officers?

Yes, Connecticut law permits both public health officers and physicians, under certain circumstances, to inform or warn partners that they may have been exposed to HIV (Conn. Gen. Stat. sec. 19a-584). The term “partner” means an “identified spouse or sex partner of the protected individual or a person identified as having shared hypodermic needles or syringes with the protected individual” (Conn. Gen. Stat. sec. 19a-581 (10)). The requirements for such a disclosure by a public health officer are that:

There is a reasonable belief of a significant risk of transmission to the partner;
The public health officer has counseled the individual regarding the need to notify a partner and reasonably believes that the individual will not disclose to the partner; and
The public health officer has informed the protected individual of their intent to make the disclosure.

A physician may only warn or inform a known partner if both the partner and the individual with HIV are under the physician’s care. A physician may also disclose confidential HIV related information to a public health officer for the purpose of warning partners, if the physician takes the same steps with respect to their patient as public health officers must take above.

In making such a warning, the physician or public health official shall not disclose the identity of the HIV-infected individual and, where practicable, shall make such disclosure in person.

Does Connecticut have statutes that allow other health care providers to disclose a client’s HIV status?

No. The AIDS Law Project believes that any general laws related to “duty to warn” (Conn. Gen. Stat. sec. 52-146c, §52-146f) do not pertain to HIV disclosure, because Connecticut law specifically protects the confidentiality of HIV-related information and makes no exceptions for mental health providers, such as psychologists and social workers.

Connecticut law contains a broad prohibition on the disclosure of confidential HIV-related information by any person (Conn. Gen. Stat. sec. 19a-583). Since the Connecticut legislature specifically provided a narrow exemption permitting warning by physicians and public health officers only (Conn. Gen. Stat. sec. 19a-581(12)), there is a strong argument that the legislature has addressed that issue and decided not to permit other providers to disclose HIV status.

Nevertheless, the issue of duty to warn is an evolving and unclear area of law. Mental health professionals must consult an attorney or supervisor for advice if they believe that a client’s communications justify breaching client confidentiality and disclosing a client’s HIV status to a third person.

Are there requirements for how to disclose HIV-related information?

Yes, whenever confidential HIV-related information is disclosed, the disclosure must be accompanied by the following statement, or by a statement using substantially similar language:

“This information has been disclosed to you from records whose confidentiality is protected by state law. State law prohibits you from making any further disclosure of it without the specific written consent of the person to whom it pertains, or as otherwise permitted by said law. A general authorization for the release of medical or other information is NOT sufficient for this purpose.”

“An oral disclosure shall be accompanied or followed by such a notice within 10 days” (Conn. Gen. Stat. sec. 19a-585 (a)).

Notation of any disclosure must be made in the subject’s medical records, except for disclosures made:

To federal or state authorities;
In the course of ordinary medical review; or
To life and health insurers and government payers in connection with claims for life, health, and disability benefits.

Youth | Bullying | Connecticut

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Does Connecticut have a law to protect public school students from bullying?

Yes. The law improved significantly in 2011 with the passage of Public Act 11-232, An Act Concerning the Strengthening of School Bullying Laws (Conn. Gen. Stat. sec. 10-222d). Per the law, bullying is defined as repeated written, oral, or electronic communication, or physical acts or gestures by one or more students repeatedly directed at another student, that:

causes the bullied student physical or emotional harm or damages their property;
places the bullied student in reasonable fear of being harmed;
creates a hostile school environment for the bullied student;
infringes on the bullied student’s rights or substantially disrupts the education process or the school’s orderly operation.

The law also recognizes that students who are LGBTQ+ or are perceived to be LGBTQ+ or who associate with LGBTQ+ students are often the target of bullying (Conn. Gen. Stat. sec. 10-222d(a)(1)).

Per the law, each school board must develop a “safe school climate plan” that:

prohibits bullying on school grounds, at a school-sponsored or school-related activity, at a school bus stop or on a school bus, through electronic means (i.e. cyberbullying)
prohibits discrimination and retaliation against an individual who reports or assists in the investigation of an act of bullying
enables students to anonymously report acts of bullying
enables parents to file written reports of suspected bullying
requires school employees who witness bullying or receive reports of bullying to report it
requires schools to investigate all reports of bullying and have a prevention and intervention strategy
requires that both the parents of the bully and the parents of the victim be notified about bullying and told about the measures the school has chosen to take in response
requires the school to notify the police about any acts of bullying that may constitute criminal conduct
requires schools to maintain a publicly available list of the number of verified bullying incidents and to report this annually to the Connecticut State Department of Education
requires all school employees to complete annual training on identifying, preventing and responding to bullying and to youth suicide.

Can schools regulate anti-bullying policies outside of school grounds?

Yes, the U.S. Supreme Court in Mahanoy Area School Dist. V. B. L. in addition to concluding that students have broad speech and expression rights outside of school, also stated:

“Circumstances that may implicate a school’s regulatory interests [outside school] include serious or severe bullying or harassment targeting particular individuals; threats aimed at teachers or other students . . .”

Does Connecticut have guidance schools should follow to protect transgender students?

Yes, Connecticut has created guidance for school districts on the rights, responsibilities and best educational practices for transgender and gender non-conforming students.

The guidelines include the following:

Schools should respect a transgender student’s name and pronouns;
Schools should respect transgender students’ privacy regarding any medical information, previous names, etc.;
The name and gender on a student’s records should conform to the student’s gender identity;
Transgender students should be able to use the restroom, locker room, and changing facility that accord with their gender identity;
In any sex-segregated activities (including athletics), transgender students should be able to participate in a manner consistent with their gender identity.

For more information on this guidance, see “Guidance on Civil Rights Protections and Supports for Transgender Students”:

Guidance on Civil Rights Protections and Supports for Transgender Students

Does the Connecticut anti-discrimination law also protect public school students?

Yes, Connecticut Gen. Stat. Sec 10-15c prohibits discrimination against public school students in activities, programs and courses of study based on sexual orientation or gender identity or expression as well as race, color, sex, religion and national origin. For more information about the Connecticut anti-discrimination law and how to file a discrimination complaint, see the “Discrimination” Issue Area.

Are there federal laws that protect students?

Yes, Title IX prohibits discrimination against students based on sex in any school or college that receives federal funds. In light of the Supreme Court ruling in Bostock v. Clayton County, which determined that sexual orientation and gender identity discrimination are forms of sex discrimination, the federal Department of Education, which enforces Title IX, has stated that it will interpret any sexual orientation or gender identity discrimination as sex discrimination.

To file a complaint with the federal Department of Education Office of Civil Rights, see: How to File a Discrimination Complaint with the Office for Civil Rights.

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

What can I do if I’m being discriminated against or bullied at school?

There are many ways to approach the issue. One is to ask for support from a friend, teacher, or counselor and talk to the people who are bothering you. That is not an option, however, if you don’t feel safe doing so.

Take a look at your school policies and notify whoever is supposed to be notified— usually a vice principal or Title IX coordinator. You should document any incidents of harassment or discrimination in writing with at least the date and time. Once you meet with the right officials, write yourself notes about what you told them and on what date and ask when they will be getting back to you with a response. If they don’t help you or don’t follow through, you may wish to write to the principal and superintendent and ask for them to end the discrimination.

If this fails, you may also wish to consider legal action against the town by contacting the Connecticut Commission on Human Rights and Opportunities or the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Answers by filling out the email form at GLAD Answers to discuss options.

Public Accomodations | Discrimination | Connecticut

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What is a “place of public accommodation?”

A place of public accommodation is “any establishment which caters or offers its services or facilities or goods to the general public” (Conn. Gen. Stat. sec. 46a-63(1)). This definition is intentionally broad and includes hotels, restaurants, rest areas, hospitals, and Connecticut public schools. The Connecticut Commission on Human Rights and Opportunities (CHRO) views public schools and public colleges as public accommodations.

Does Connecticut have an anti-discrimination law protecting LGBT individuals from discrimination in places of public accommodation?

Yes. Since 1991, Connecticut has prohibited discrimination based on sexual orientation in public and private employment, housing, public accommodations, and credit (Conn. Gen. Stat. sec. 46a-81c to 46a-81q). In July 2011, these laws were extended to protect transgender people when Governor Malloy signed Public Act 11-55, An Act Concerning Discrimination, into law. The act, which went into effect on October 1, 2011, added “gender identity or expression” to Connecticut’s list of protected classes. For more detailed information see GLAD’s and the Connecticut Women’s Education and Legal Fund’s (CWEALF) publication, Connecticut: Legal Protections for Transgender People, at: Connecticut: Legal Protections for Transgender People

Do the laws also protect people perceived to be LGBT in places of public accommodation?

Yes. Connecticut non-discrimination law defines “sexual orientation” as either “having a preference for heterosexuality, homosexuality or bisexuality, having a history of such preference or being identified with such preference…” (Conn. Gen. Stat. sec. 46a-81a (emphasis added)). This language includes discrimination based on perception. For example, if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.

Similarly, the law defines “gender identity or expression” as:

[A] person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth… (Conn. Gen. Stat. sec. 46a-51(21) (emphasis added)).

What does the law say about discrimination in places of public accommodation?

Such places may not deny full and equal accommodations or discriminate in any way because of a person’s sexual orientation (Conn. Gen. Stat. sec. 46a-81d), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-64(a) (1) & (2)).

A specific law also forbids discrimination at golf clubs on the basis of race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation (Conn. Gen. Stat. sec. 52-571d (b) & (c)). If you are denied membership or access to a golf club on the basis of any of the above, you may file a complaint in Superior Court to restrain further violations and recover damages of at least $250, plus costs and attorney’s fees (Conn. Gen. Stat. sec. 52-571d (g)).

How do I file a complaint of discrimination?

If you wish to file a complaint, you should contact an intake officer at one of the regional offices of the Connecticut Commission on Human Rights and Opportunities (CHRO). The intake officer will discuss your concerns, explain the complaint process, and advise you about what help CHRO may be able to provide to you. If CHRO has jurisdiction, you will be given an appointment to come to a regional office to file a complaint. The contact information for CHRO’s administrative headquarters and four regional offices is below:

ADMINISTRATIVE HEADQUARTERS 25 Sigourney Street Hartford, CT 06106 PHONE: (860) 541-3400 OR (800) 477-5737 FAX: (860) 246-5068

• CAPITOL REGION OFFICE 450 Columbus Boulevard Hartford, CT 06103-1835 PHONE: (860) 566-7710 FAX: (860) 566-1997

• EASTERN REGION OFFICE 100 Broadway Norwich, CT 06360 PHONE: (860) 886-5703 FAX: (860) 886-2550

• WEST CENTRAL REGION OFFICE Rowland State Government Center 55 West Main Street, Suite 210 Waterbury, CT 06702-2004 PHONE: (203) 805-6530 FAX: (203) 805-6559

• SOUTHWEST REGION OFFICE 350 Fairfield Avenue, 6th Floor Bridgeport, CT 06604 PHONE: (203) 579-6246 FAX: (203) 579-6950

The complaint must be in writing and under oath, and it must state the name and address of the individual making the complaint (“the complainant”) as well as the entity he or she is complaining against (“the respondent”). The complaint must set out the particulars of the alleged unlawful acts and (preferably) the times they occurred (Conn. Gen. Stat. sec. 46a-82). There is no charge to file a complaint.

If you are a state employee, you may file your case directly in court. State employees can skip over the CHRO process entirely.

Do I need a lawyer?

No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the CHRO process, but employers and other defendants are likely to have legal representation.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 180 days of the last discriminatory act or acts (Conn. Gen. Stat. sec. 46a-82(e)). There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

Can I file more than one type of discrimination complaint at once?

Yes. Connecticut’s public accommodations non-discrimination laws forbid discriminating against someone because of sexual orientation or gender identity or expression as well as race, color, religious creed, age, sex, marital status, national origin, ancestry, disability, lawful source of income or veteran status (Conn. Gen. Stat. sec. 46a-64).

What happens after a complaint is filed with the CHRO?

When you file a complaint with the CHRO, you will be given a packet of information explaining the CHRO procedures and deadlines. Please review these and follow the deadlines.

The complaint will be served on your respondent, who must answer the complaint under oath within 30 days. If you wish to respond or comment on your respondent’s answer, you have 15 days to do so.

Within 60 days of receiving the respondent’s answer, the CHRO will review the complaint and determine if any further investigation is necessary. This is called a merit assessment review (MAR). It is based solely on your original complaint, the answer, and any additional comments you make regarding the answer. Since many cases are dismissed at this stage of the proceedings, GLAD recommends that you reply to the respondent’s answer.

If the case is dismissed, you will be given 15 days to request the right to move your complaint from CHRO into the courts. If you do not request to remove your complaint, the CHRO will review your case and decide whether to uphold the dismissal or reinstate your complaint.

If the case is not dismissed, an investigator will be assigned and a mandatory mediation conference will be held within 60 days. If negotiations fail to produce a settlement agreeable to all parties, either party or the CHRO can request early legal intervention. The CHRO has 90 days to decide whether to grant this request. If granted, a Hearing Officer will be appointed to decide the merits of the case in a trial-type hearing.

If there is no request for early legal intervention, then the investigator will continue to collect evidence and will make a determination of “reasonable cause” or “no reasonable cause.” If a finding of “reasonable cause” is made, you can request either to have the case heard at the CHRO or to move it to Superior Court. If a finding of “no reasonable cause” is made, you have 15 days to request reconsideration.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

Cease and desist orders and other relief that would fulfill the purposes of the anti-discrimination laws. The CHRO may also order civil fines to be paid to the state (Conn. Gen. Stat. sec. 46a-86 (a); sec. 46a-64 (c)).

Should I take my case away from the CHRO and file in court? How do I do so?

This is a decision you should make with your lawyer. Greater damages are available to you in state court than at the CHRO, including emotional distress damages and attorney’s fees.
To sue an entity in state court as opposed to the CHRO, you must follow several steps and meet various deadlines (Conn. Gen. Stat. sec. 46a-101 to 46a-102).

• Your complaint must have been filed on time at the CHRO (i.e., within 180 days of the last act of discrimination);

• Your complaint must have been pending with the CHRO more than 180 days (although if you and your employer agree to request the case’s removal to court, you may do so before the 180 days elapse) or the merit assessment review must have been completed;

• You must request a release of your complaint from the CHRO for the purpose of filing a court action, which the CHRO must grant except when the case is scheduled for public hearing, or they believe the complaint can be resolved within 30 days;

• You must file your court action within 2 years of the date of filing your complaint with the CHRO; and

• You must file your court action within 90 days after you receive a release from the CHRO to file your case in court.

Can I also file a discrimination complaint with a federal agency?

Yes, in many cases. Since federal law and state law contain overlapping provisions, someone bringing a discrimination claim may sometimes pursue protections under both. For example, the federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees and forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status).

While Title VII does not expressly forbid discrimination based on sexual orientation or gender identity, a growing number of courts and government agencies have taken the position that its proscription against sex discrimination encompasses both (See, e.g., United States & Dr. Rachel Tudor v. Southeastern Oklahoma State University, 2015 U.S. Dist. LEXIS 89547 (2015) (denying motion to dismiss professor’s Title VII complaint that school had subjected her to a hostile work environment based on her gender identity)). In two separate decisions in 2012 and 2016, the EEOC itself concluded that sexual orientation discrimination, gender identity discrimination, and sex discrimination are one and the same, since the latter two are based on preferences, assumptions, expectations, stereotypes, and norms associated with masculinity and femininity (See Macy v. Holder, EEOC Appeal No. 0120120821 (Apr. 20, 2012); Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015)). Although the EEOC’s decisions are not binding on the courts, many have used similar reasoning in affirming Title VII’s applicability to discrimination based on gender identity and sexual orientation (See, e.g., Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004) (holding that Title VII prohibits discrimination against transgender people based on gender stereotyping); Videckis v. Pepperdine Univ., 150 F. Supp. 3d 1151, 1160 (C.D. Cal. 2015) (holding “sexual orientation discrimination is a form of sex or gender discrimination”)).

Should I file a complaint with a federal agency?

GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with CHRO first but keep in mind the possibility of pursuing a federal claim as well. Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with CHRO and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after CHRO has terminated the case (United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.)

If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that CHRO cross-file your complaint with the EEOC.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHRO, EEOC, or both, you may decide to remove your discrimination case from those agencies and file in court. There are rules about when and how this must be done as discussed above.

In addition, you may wish to bring a court case to address other claims which are not appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract, fired without the progressive discipline promised in a handbook, or fired for doing something your employer doesn’t like but which the law requires, these matters are beyond the scope of what the agencies can investigate and the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights—for instance, if you are a teacher or governmental employee who believes his or her free speech or equal protection rights were violated—then those matters must also be heard in court.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers at www.GLADAnswers.org or by phone at 800-455-4523 (GLAD) any weekday to discuss options.

As a general matter, people who are still working with or residing under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they are willing to assume those possible consequences. Even if you have been fired or evicted, you may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information to make an informed decision. Some people prefer to meet with an attorney to evaluate the strength of their claims. It is always helpful to bring the attorney an outline of what happened, organized by date and with an explanation of who the various players are (and how to get in touch with them).

Second Parent Adoption | Connecticut

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What is the difference between joint, second-parent, and single-parent adoptions?

A joint adoption is when both partners adopt a child together at the same time. A second-parent adoption is when one partner adopts the other partner’s child. A single-parent adoption is where a single individual adopts a child.

Can same-sex partners together adopt a child in Connecticut?

Yes. A couple with a marriage or civil union must generally adopt a child not born into the relationship as a couple (Conn. Gen. Stat. sec. 45a-732 (married person cannot adopt unless spouse adopts jointly, unless probate court finds sufficient reason for spouse not to adopt)). A couple who does not have a marriage or civil union can both become legal parents of a child through a process, called “second parent adoption,” whereby one adopts (or gives birth to the child), and then the second parent adopts (Conn. Gen. Stat. sec. 45a-724(a)(3)).

What is the advantage of doing a second parent adoption or joint adoption?

Both joint adoptions and second parent adoptions ensure your child has two legal parents, which often provides greater comfort and security to everyone involved. Depending on your particular family situation, the law may not recognize both partners as legal parents without an adoption. In these cases, the non-legal parent needs special permission to make medical decisions for the child or attend school meetings, and is at risk of losing custody if the couple splits up.

Adoption allows a non-legal parent to become a legal parent, entitled to make decisions for the child without special authorization. It also permits the adoptive parent to automatically assume custody of the child if their partner dies. Likewise, if the adoptive parent dies, the child will have the right to inherit from them even absent a will, and may be able to collect social security survivor benefits.

Finally, if the couple separates, adoption ensures that both parents have the right to custody and visitation, and that any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

Do we need to do a second-parent adoption if we are married or in a civil union?

A second parent adoption is the best way to ensure the ongoing parental rights of both parents. While Connecticut law presumes that a child born into a marriage or a civil union is the child of both spouses (see Barse v. Pasternak, 2015 Conn. Super. LEXIS 142 (2015) (legal presumption that child born into wedlock is the legitimate child of the mother and mother’s spouse extends to same-sex couples, even if the spouse did not conceive or adopt the child or comply with artificial insemination statutes)), another state may not respect that presumption if you or your partner moves. By contrast, adoption is a court judgment creating a parent-child relationship and is very likely to be respected by other states, even if these states are otherwise hostile to same-sex couples parenting.

Miller-Jenkins Sidebar

Relying on a partner’s good will, or even on the fact that a child was born into a marriage or civil union, is not the best way to ensure the ongoing rights of both parents if a couple later separates. A case in point is Miller-Jenkins v. Miller-Jenkins. This case has been in litigation since 2004, has involved two state Supreme Courts (Vermont and Virginia), and has already made several trips to the U.S. Supreme Court. Proceedings are ongoing.

In that case, Janet and Lisa had a child, Isabella, while they were in a civil union. Janet did not adopt. After the couple separated, Lisa moved to Virginia and used both the lack of an adoption, and Virginia’s laws hostile to same-sex relationships to thwart Janet’s contact with their daughter. Finally, however, the Virginia courts agreed that the Vermont courts had the authority to make custody and visitation decisions.

After many attempts to get Lisa to allow Janet visitation rights, in November, 2009, the Vermont Family Court issued an order granting Janet responsibility for the day-to-day care of Isabella while granting Lisa liberal visitation rights. The transfer of custody was to have taken place on January 1, 2010. However, Lisa failed to appear at the appointed time, and an arrest warrant was issued. Lisa and Isabella still have not been found.

GLAD and local counsel represented Janet in the Vermont proceedings. For more information about the case, go to https://www.gladlaw.org/work/cases/miller-jenkins-v-miller-jenkins

If I am a parent who has signed an Acknowledgement of Parentage, do I also need to do a second-parent adoption?

No. A parent who has signed an Acknowledgement of Parentage should not need to do a co-parent adoption to establish parentage. An Acknowledgement of Parentage establishes legal parentage under state law, is the equivalent of a judgment of parentage under state law and gives you all the rights and duties of a parent. Under federal law, an Acknowledgement of Parentage is the equivalent of a judicial decree of parentage and should be recognized in all states.

Since expanded access to acknowledgments of parentage is an emerging development, some parents might feel more comfortable also completing a second parent adoption in addition to or instead of an Acknowledgment of Parentage. To understand what is best for your family, individualized legal advice is recommended.

If same-sex parents raise a child together, but only one is the “legal” parent, then what rights does the non-legal parent have vis-à-vis the child?

As a general matter, the rights of a non-legal parent are limited. If a couple is unmarried, the law permits a non-legal parent to petition the Superior Court for visitation (but not custody) (Conn. Gen. Stat. sec. 46b-59). The court will grant visitation if it finds that: (1) a parent-like relationship exists between the non-legal parent, and (2) denying visitation would cause real and significant harm (Conn. Gen. Stat. sec. 46b-59(b)). Several Connecticut courts have allowed lesbian co-parents the right to visit with their children following a separation (see e.g. Antonucci v. Cameron, 25 Conn. L. Rptr. 509 (Conn. Super. Ct. Dept., Sept. 24, 1999) (allowing visitation to lesbian co-parent where visitation is in the best interests of the child); Laspina-Williams v. Laspina-Williams, 46 Conn. Supp. 165, 742 A.2d 840 (1999) (denying motion to dismiss of biological mother in co-parent visitation case)). A visitation award does not come with any child support obligations, but if support is offered, a legal parent may accept it.

Regardless of the status of a person’s legal rights, it is critical to remember that children form strong attachments to their parental caregivers regardless of legal labels. Separating a child from a person who has acted as their parent can be a devastating loss. Moreover, court proceedings to establish visitation will be painful and costly, so anything people can do outside of court to make decisions together about a child’s interests is strongly encouraged. See GLAD’s publication: Protecting Families: Standards for LGBT Families at Protecting Families: Standards for LGBT Families.

Short of second parent adoption, how can a family protect the interests of the child vis-à-vis their non-legal parent?

There are a number of steps which can be taken, although none offer the security of a second parent adoption.

Co-parenting Agreement: A co-parenting agreement is an agreement setting out the parents’ expectations about each other’s roles and their plans in the event of separation, disability, or death. While these agreements may not always be given full effect by courts, which are bound to make custody and visitation decisions based on the child’s best interests, they are important indicators of what the couple believed was in the best interests of the child and may influence a court’s ultimate decision.

Wills: A legal parent may nominate a guardian to take custody of the child upon the parent’s death. These wishes are given strong preference by courts. However, if the child has another legal parent living, then that person will have priority over the nominated guardian.

Power of Attorney: A legal parent may choose to grant the non-legal parent power of attorney over the child, which allows the non-legal parent to make medical or financial decisions. Power of attorney documents should be updated regularly.

Marriage | Connecticut

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Can same-sex couples marry in Connecticut?

Yes. On October 10, 2008, Connecticut’s Supreme Court ruled that same-sex couples are entitled to full marriage equality under the Connecticut Constitution. This decision was the result of a lawsuit, Kerrigan & Mock v. Connecticut Dept. of Public Health (289 Conn. 135 (2008)), which GLAD filed on August 25, 2004 in New Haven Superior Court on behalf of eight gay and lesbian Connecticut couples who were denied marriage licenses.

Seven years later, in Obergefell v. Hodges (135 S.Ct. 2584 (2015)), the U.S. Supreme Court made marriage equality a reality nationwide when it held that the U.S. Constitution guarantees same-sex couples the right to marry. GLAD’s own Mary Bonauto represented the plaintiffs during oral arguments. Post-Obergefell, all 50 states are required to issue marriage licenses to same-sex couples, and all states must respect the marriages of same-sex couples performed in other jurisdictions.

Can I obtain Social Security survivor benefits if my spouse dies?

Yes, because as stated above, same-sex married couples are entitled to all the benefits provided to different-sex married couples.

However, until the Obergefell v. Hodges decision on June 26, 2015, many same-sex couples lived in states where unconstitutional marriage laws prevented same-sex couples from getting married. So when their spouse passed away, they were not able to meet the Social Security survivor benefit condition of having been married for 9 months.

To correct this unfairness, Lambda Legal filed two lawsuits, Ely v. Saul and Thornton v. Commissioner of Social Security and was successful in obtaining a way for same-sex couples to file for Social Security survivor benefits who either never married (Ely v. Saul) or were finally able to marry but were married less than 9 months when their spouse passed away (Thornton v. Commissioner of Social Security).

These two rulings allow same-sex couples, who were excluded from marriage because of discriminatory state laws and consequently were not eligible to apply for Social Security survivor benefits, to submit an application. However, the success of that application rests on providing enough documentation to prove to Social Security that the only reason they did not meet the 9 month requirement was because of the discriminatory state laws.

The following link gives more detailed information and has FAQs for each lawsuit and lists some of the ways you might be able to provide the documentation needed to qualify for the survivor benefit: Information for Surviving Same-Sex Partners and Spouses Previously Excluded from Social Security Survivor’s Benefits Because of Unconstitutional State Marriage Laws | Lambda Legal.

Will Connecticut respect my marriage? Will other states?

Yes. Connecticut will respect the legal marriages of same-sex couples regardless of where the marriage was performed, just as all states will now respect the marriage of a same-sex couple married in Connecticut.

Will the federal government respect my marriage?

Yes. Thanks to the recent demise of the Defense of Marriage Act (DOMA) in Windsor v. United States (133. S.Ct. 2675 (2013)), the federal government will recognize and respect the legal marriages of same-sex couples.

DOMA, a federal statute which defined marriage exclusively as the union between one man and one woman, once prevented same-sex spouses from accessing the 1000+ federal laws pertaining to marriage, including taxes, Social Security (including SSDI and SSI), immigration, bankruptcy, FMLA, federal student financial aid, Medicaid, Medicare, veteran’s benefits, and TANF. Happily, in 2013 the U.S. Supreme Court struck down DOMA as unconstitutional. GLAD filed the first comprehensive challenge to DOMA in 2009, Gill v. OPM (699 F.Supp.2d 374 (2010)), and the legal framework developed in that case was used in many subsequent cases, Windsor included. GLAD was also responsible for coordinating the Windsor amici briefs.

Unfortunately, one issue that has yet to be definitively resolved by Windsor and Obergefell concerns spousal benefits and self-insured health plans. While Connecticut state law prohibits discrimination based on sexual orientation, self-insured health plans are governed by federal law. Title VII, the federal anti-discrimination statute, only prohibits discrimination based on race, color, religion, sex, or national origin—sexual orientation is not explicitly included. As a result, some self-insured employers claim they can legally deny benefits to same-sex spouses.

Luckily, this issue is far from settled. Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) took the position that Title VII’s prohibition against ‘sex discrimination’ encompasses discrimination based on sexual orientation (see Baldwin v. Foxx, Agency No. 2012-24738-FAA-3 (July 15, 2015)).

If your employer is discriminating against you in spousal healthcare benefits on the basis of sexual orientation, contact GLAD Answers.

What happens if we need to end our marriage?

After Obergefell v. Hodges, same-sex spouses everywhere should be able to dissolve their marriages on the same terms as different-sex spouses. Connecticut applies its divorce statutes to same-sex couples (see e.g., Barse v. Pasternak, 2015 Conn. Super. LEXIS 142 at *24 (2015) (referring to lesbian couple’s divorce)).

However, spouses should note that when Connecticut courts divide marital property (Conn. Gen. Stat. 46b-81(c)) and award alimony (Conn. Gen. Stat. 46b-82(a)), one of the factors a judge considers is length of marriage. The Connecticut Supreme Court has specifically held that a judge cannot take a period of premarital cohabitation into account (Loughlin v. Loughlin, 280 Conn. 632, 645 (2006) (“consideration of a period of cohabitation that precedes a marriage as part of the statutory factor of “length of the marriage” in a dissolution action is improper”)). Unfortunately for spouses whose partnership pre-dates marriage equality, the length of the marriage may not accurately reflect the true length of the relationship, resulting in an unbalanced division of assets.

If you are going through divorce proceedings in Connecticut and believe your division of assets may be unfairly affected by length of marriage, contact Glad Answers.

Can Connecticut same-sex couples get married anywhere else?

Yes. Thanks to Obergefell v. Hodges, all states are required to issue marriage licenses to same-sex couples.

What steps can a couple take to legally safeguard their relationship in Connecticut?

There are various legal documents that can protect a couple’s relationship, regardless of whether the couple has no formal legal relationship or is already in a marriage.

Relationship Agreement or Contract: A couple has the option of drafting a written cohabitation agreement, outlining their respective rights with regards to property, finances, and other aspects of their relationship. In 1987, the Connecticut Supreme Court ruled that a cohabitation agreement between an unmarried heterosexual couple was an express contract which could be enforced according to the ordinary rules of contract when the couple separated. There is every reason to believe that the same result will apply to the contract of a same-sex couple. While the court held that contracts could be oral or in writing, this ruling provides a great incentive for couples to sort out their affairs in writing before a separation.
Document Designating a Non-Legally Related Adult to Have Certain Rights and Responsibilities: Connecticut law allows any adult to grant another adult the ability to make certain decisions on their behalf. Although the protections this law provides fall far short of those associated with marriage, they may provide some peace of mind for couples under a narrow set of circumstances.

To grant your partner (or anyone else) this decision-making power, you must sign, date, and acknowledge a designation document before a notary public and two witnesses. You can revoke the document at any time by destroying it or by executing a new document. The designation document must be honored in the following circumstances:

In The Workplace: If you experience an emergency and you or someone else calls your partner at work to inform them, their employer must notify them of the phone call.

In Court and Administrative Proceedings Involving Crime Victims: If you are the victim of a homicide, your partner is granted employment protection for missing work in order to attend court proceedings. Your partner is also entitled to request and receive advance notice of the terms of plea agreements with the perpetrator, to make a statement in court prior to the sentencing of the perpetrator, and to make a statement at parole hearings of the perpetrator. If your partner is wholly or partly dependent on your income, they may seek compensation from the Office of Victim Services.

In Automobile Ownership: If you own a car, your partner assumes ownership upon your death.

In Health Care Settings: If it comes time to make end of life decisions and your wishes are not written in a living will, your partner will be among those the doctor will consult regarding the removal of life support. Before removing life support, the doctor must make reasonable efforts to notify your partner. In addition, your partner has priority over all of your other representatives or family members when it comes to making anatomical gifts on your behalf, with the exception of a surviving spouse.

In Psychiatric Hospitals: Your partner is among the list of people who may consent to medical or surgical procedures for you, if you have been involuntarily admitted and are unable to consent yourself

In Nursing Homes: Finally, the act entitles your partner to (1) receive advance notice of involuntary, non-emergency room transfer, including Medicaid patients’ transfer into non-private rooms; (2) participate in any consultations prior to any contested transfer; (3) have private visits with you; and (4) organize and participate in patient social events or community activities.

Other documents, discussed below, allow your partner to share financial, medical, and end of life decisions. The rights and responsibilities granted to your partner by the designation document discussed above overlap with some of those set forth in the documents discussed below. It is unclear how the law will handle these potential conflicts, and therefore any preference for who should carry out specific obligations should be clearly noted in all relevant documents.

Power of Attorney: A couple can choose to grant each other the durable power of attorney, allowing one partner to make financial decisions on the other’s behalf in the event of incapacity or disability.

The law provides a “short form” which allows you to check off the kinds of transactions you wish your partner (your “attorney-in- fact”) to perform. These include: (a) real estate matters; (b) chattel and goods transactions; (c) bond, share and commodity transactions; (d) banking transactions; (e) business operating transactions; (f) insurance transactions; (g) estate transactions; (h) claims and litigation; (i) personal relationships and affairs; (j) benefits from military service; (k) records, reports and statements; and (l) all other matters designated by you, with the exception of health care decisions. Those can be delegated to a “health care representative,” a process described below.

The power of attorney can either become effective immediately or in the event of your incapacity, and it can have a short termination date, long termination date, or no termination date at all. It should be witnessed by two disinterested individuals and notarized. The notary may also serve as a witness. The power of attorney form must stay in your partner’s possession.

Health Care Representative: A couple can also choose to appoint each other as health care representatives, allowing them to make medical decisions on one another’s behalf in the event of an emergency. You may state your preference about withdrawal of life support, types of medical care, anatomical gifts, or any other limits on your health care representative’s authority in the same document. The document must be executed and witnessed by two adults, and must be revoked the same way. If you have no health care representative, medical care providers will look to next- of-kin or any adult listed in your designation document (discussed above) to make medical decisions for you.

Appointment of Conservator: You may also choose to appoint you partner as your conservator. A conservator manages your financial and/or daily affairs when you are no longer capable of managing them yourself, either because of old age or mental or physical incapacity. Note that all conservator nominations are subject to the scrutiny of the probate court at the time you are deemed incapable or incompetent.

Will: Without a will, a deceased unmarried person’s property passes to: (1) their children; (2) their family, or; (3) if next of kin cannot be located, to the state. If you wish to provide for others, such as your partner, a will is essential. Even if you have few possessions, you can name in the will the person who will administer your estate.

In addition, if you have children, you can nominate their future guardian and “trustee for asset management” in the will. This nomination will be evaluated by the Probate Court.

Funeral Planning Documents: Upon death, a person’s body is given to their spouse or their next of kin. This can mean that a person’s own partner has no right to remove the body, write an obituary, or make plans for a final resting place. To avoid this problem, you can create a document (witnessed and notarized) that designates the person you want to be able to have custody and control of your remains. Some people include these instructions as part of a will, but since a will may not be found for days after death, it is preferable to give the instructions directly to the person you want to take care of matters, as well as to family.

Does a person need an attorney to get these documents?

GLAD recommends working with an attorney on these documents.

Although forms are available, the form may not be suited to your individual needs and wishes. Moreover, an attorney may be able to better help effectuate your goals, for example, by drafting a will in a way which is more likely to deter a will contest by unhappy family members, or an appointment of a health care agent with very specific instructions. In addition, an attorney may help to navigate the legal uncertainties flowing from the areas of overlap between these documents. GLAD Answers can provide referrals to attorneys who are members of GLAD’s Lawyer Referral Service.

What standards should same-sex couples with children who are breaking up maintain?

Same-sex couples with children who are breaking up should:

Support the rights of LGBTQ+ parents;
Honor existing relationships regardless of legal labels;
Honor the children’s existing parental relationships after the break-up;
Maintain continuity for the children;
Seek a voluntary resolution;
Remember that breaking up is hard to do;
Investigate allegations of abuse;
Not allow the absence of agreements or legal relationships to determine outcomes;
Treat litigation as a last resort; and
Refuse to resort to homophobic/transphobic laws and sentiments to achieve a desired result.

For more detailed information about these standards see the publication Protecting Families: Standards for LGBTQ+ Families at: Protecting Families: Standards for LGBTQ+ Families | GLAD.

Navigating Police Interactions | Connecticut

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I am often told by police to “move along” from public areas. Is that legal?

Not necessarily. If the area is public and not posted as having particular hours, you generally have a right to be there as long as you are not engaged in unlawful activity. Public places belong to everyone, and are often also places of public accommodation subject to Connecticut’s non-discrimination law. Even if a police officer wants to deter crime, or suspects some kind of unlawful intent, they have no general right to request people to move from one place to another unless there is unlawful conduct (Kent v. Dulles, 357 U.S. 116, 126 (1958)).

What are the general rules about interaction with police?

The presence of individuals who appear to be LGBT – whether because such individuals are displaying symbols such as a rainbow flag or pink triangle or for any other reason – should not trigger any special scrutiny by a police officer.

Police may of course approach a person, and make inquiries. But the fact that a person has been convicted of a past offense, or fails to respond, or responds in a way which does not satisfy the officer, cannot, without more, justify an arrest.

If an officer has a “reasonable and articulable suspicion” that a crime has been committed or is about to be committed, they may briefly detain an individual, or stop the person for purposes of investigation (State v. Anderson, 24 Conn. App. 438, 441, 589 A.2d 372, 373 (1991); Terry v. Ohio, 392 U.S. 1, 16 (1968)). However, an arrest can only occur upon “probable cause” that a crime has been committed.

What can I do if I believe I have been improperly treated by the police?

Complaints may be made to any individual police department for matters concerning its officers, and complaints to the Connecticut State Police may be made to Department of Public Safety, Attn: Legal Affairs Unit, 1111 Country Club Rd., Middletown, CT 06457. Their general number is (860) 685-8000.

In some cases, you may decide to pursue a lawsuit, either because of injuries, improper detainment, or for some other reason. These matters are highly specialized, and GLAD can make attorney referrals.

Other HIV Laws | Connecticut

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Other questions and answers on HIV-Related Laws. Also see our pages on HIV/AIDS Discrimination and Testing and Privacy.

What does it mean that an employer may have to provide a “reasonable accommodation” for an employee with a disability?

Persons with disabilities, such as HIV/AIDS, may experience health-related problems that make it difficult to meet some job requirements or duties. For example, a person may be exhausted or fatigued and find it difficult to work a full-time schedule.

In certain circumstances, the employer has an obligation to modify or adjust job requirements or workplace policies in order to enable a person with a disability, such as HIV or AIDS, to perform the job duties. Under the ADA and the Connecticut Fair Employment Practices Act, this is known as a “reasonable accommodation.”

Examples of reasonable accommodations include:

Modifying or changing job tasks or responsibilities;
Establishing a part-time or modified work schedule;
Permitting time off during regular work hours for medical appointments;
Reassigning an employee to a vacant job; or
Making modifications to the physical layout of a job site or acquiring devices such as a telephone amplifier to allow, for example, a person with a hearing impairment to do the job.

There is no fixed set of accommodations that an employee may request. The nature of a requested accommodation will depend on the particular needs of an individual employee’s circumstances.

How may a person obtain a reasonable accommodation?

It is, with rare exception, the employee’s responsibility to initiate the request for an accommodation. In addition, an employer may request that an employee provide some information about the nature of the disability. Employees with concerns about disclosing HIV/AIDS status to a supervisor should contact GLAD Answers at (800) 455-GLAD (4523) in order to strategize about ways to address any such requests.

Does an employer have to grant a request for a reasonable accommodation?

No, an employer is not obligated to grant each and every request for an accommodation; an employer does not have to grant a reasonable accommodation that will create an “undue burden” (i.e., significant difficulty or expense for the employer’s operation). In addition, the employer does not have to provide a reasonable accommodation if the employee cannot perform the job function even with the reasonable accommodation.

When is a “reasonable accommodation” for an employee an “undue burden” for an employer?

In determining whether a requested accommodation creates an undue burden or hardship for an employer, courts examine a number of factors, which include:

The employer’s size, budget and financial constraints;
The costs of implementing the requested accommodation; and
How the accommodation affects or disrupts the employer’s business.

Again, each situation is examined on a case-by-case basis.

An employer only has an obligation to grant the reasonable accommodation if, as a result of the accommodation, the employee is then qualified to perform the essential job duties. An employer does not have to hire or retain an employee who cannot perform the essential functions of the job, even with a reasonable accommodation.

Do Connecticut laws provide for access to clean needles for injection drug users to prevent HIV transmission?

Under Connecticut law (Conn. Gen. Stat. sec. 21a-65) specific provision is made for needle and syringe exchange programs in the health departments of the three cities with the highest number of AIDS cases among intravenous drug users. These programs shall provide free and anonymous exchange of up to thirty needles and syringes per exchange and offer education about the transmission and prevention of HIV and offer assistance in obtaining drug treatment services.

Can I purchase a hypodermic needle or syringe over the counter at a pharmacy?

Yes. Connecticut law permits a pharmacy, health care facility, or needle exchange program to sell ten or fewer syringes to a person without a prescription (Conn. Gen. Stat. sec. 21a-65 (b)).

Housing | Discrimination | Connecticut

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Does Connecticut have an anti-discrimination law protecting LGBT individuals from discrimination in housing?

Do the laws also protect people perceived to be LGBT in housing?

Similarly, the law defines “gender identity or expression” as:

What is prohibited by the housing anti-discrimination law in Connecticut?

The housing laws are intended to prohibit discrimination in transactions related to public and private residential housing, including listing, buying, selling, renting, and financing, whether for profit or not (Conn. Gen. Stat. sec. 46a-64c(a)(1) & (2)). Other practices are forbidden, too, including discriminatory advertising, misrepresenting the availability of a dwelling, denying access to a multiple listing service, or altering the terms of a transaction because of sexual orientation, gender identity, or gender expression (see generally, Conn. Gen. Stat. sec. 46a-64c).

Are any landlords exempt from the housing anti-discrimination law?

Owner-occupied buildings with four units or less are not subject to the sexual orientation portion of the law, and owner-occupied buildings with two units are not subject to the gender identity or expression aspect of the law (Conn. Gen. Stat. sec. 46a-64c (b)(1)(B)).

How do I file a complaint of discrimination?

ADMINISTRATIVE HEADQUARTERS 25 Sigourney Street Hartford, CT 06106 PHONE: (860) 541-3400 OR (800) 477-5737 FAX: (860) 246-5068
• CAPITOL REGION OFFICE 450 Columbus Boulevard Hartford, CT 06103-1835 PHONE: (860) 566-7710 FAX: (860) 566-1997
• EASTERN REGION OFFICE 100 Broadway Norwich, CT 06360 PHONE: (860) 886-5703 FAX: (860) 886-2550
• WEST CENTRAL REGION OFFICE Rowland State Government Center 55 West Main Street, Suite 210 Waterbury, CT 06702-2004 PHONE: (203) 805-6530 FAX: (203) 805-6559
• SOUTHWEST REGION OFFICE 350 Fairfield Avenue, 6th Floor Bridgeport, CT 06604 PHONE: (203) 579-6246 FAX: (203) 579-6950

For housing complaints, contact the Housing Discrimination Unit at (800) 477-5737 ext. 3403 or (860) 541-3403

Do I need a lawyer?

What are the deadlines for filing a complaint of discrimination?

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian and Latina?

Yes. Connecticut’s employment non-discrimination laws forbid discriminating against someone because of sexual orientation or gender identity or expression as well as race, color, religious creed, age, sex, marital status, national origin, ancestry, and present or past history of mental, intellectual, learning, or physical disability (Conn. Gen. Stat. sec. 46a-60). In housing and public accommodations, the criteria are expanded to include “lawful source of income” (Conn. Gen. Stat. secs. 46a-64c; 46a-64). Housing also adds “familial status” to the list (Conn. Gen. Stat. sec. 46a-64c).

What happens after a complaint is filed with the CHRO?

When you file a complaint with the CHRO, you will be given a packet of information explaining the CHRO procedures and deadlines. Please review these and follow the deadlines.
The complaint will be served on your respondent, who must answer the complaint under oath within 30 days (10 days for a housing case). If you wish to respond or comment on your respondent’s answer, you have 15 days to do so.
Within 60 days of receiving the respondent’s answer, the CHRO will review the complaint and determine if any further investigation is necessary. This is called a merit assessment review (MAR). It is based solely on your original complaint, the answer, and any additional comments you make regarding the answer. Since many cases are dismissed at this stage of the proceedings, GLAD recommends that you reply to the respondent’s answer.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

Damages—i.e., expenses actually incurred because of unlawful action related to moving, storage, or obtaining alternate housing; cease and desist orders; reasonable attorney’s fees and costs; and other relief that would fulfill the purposes of the antidiscrimination laws (Conn. Gen. Stat. sec. 46a-86 (a, c)). The CHRO may also order civil fines to be paid to the state (Conn. Gen. Stat. sec. 46a-81e(f)).

Should I take my case away from the CHRO and file in court? How do I do so?

• Your complaint must have been filed on time at the CHRO (i.e., within 180 days of the last act of discrimination);

• You must file your court action within 2 years of the date of filing your complaint with the CHRO; and

• You must file your court action within 90 days after you receive a release from the CHRO to file your case in court.

Can I also file a discrimination complaint with a federal agency?

LGBT people who are discriminated against in housing may also be able to file a complaint with the federal Department of Housing and Urban Development (HUD) in addition to CHRO. For more information go to: https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/LGBT_Housing_Discrimination.

Should I file a complaint with a federal agency?

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHRO, EEOC, or both, you may decide to remove your discrimination case from those agencies and file in court. There are rules about when and how this must be done as discussed above.

What can I do if my landlord threatens me for filing a complaint of discrimination?

It is illegal for your employer or landlord to retaliate or punish you because you filed a complaint. If they do so, you can file an additional complaint against them for retaliation. “Retaliation” protections cover those who have filed complaints, testified or assisted in the complaint process, or opposed any discriminatory employment practice (Conn. Gen. Stat. secs. 46a-60 (4); 46a-64c(a)(9)).

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers at www.GLADAnswers.org or by phone at 800-455-4523 (GLAD) any weekday to discuss options.

ID Documents | Connecticut

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Graphic in teal blue with orange curved section that has several icons of folders, files, and ID. Title reads: Live in Connecticut and need to update your ID? GLAD and Shipman & Goodwin LLP can provide free support for transgender and non-binary people who need to update their name and gender marker on your state ID, driver license, or birth certificate. Logos of GLAD Answers, Ropes & Gray, Goodwin, and Shipman

The Transgender ID Project is a free resource for transgender people living in New England who want to update their legal name and gender marker on state and federal documents.

Updating your Connecticut state ID documents

In most cases you do not need to work with a lawyer to update your name or gender marker on ID documents and can typically update these documents fairly easily on your own. The Connecticut Quick Reference Guide has the information and materials you need to get started. Click here for the guide.

Updating your federal ID documents

You can skip directly to our federal resources here:

If you need assistance updating your legal name and gender on federal and state documents, fill out the form below to sign up for support from the Transgender ID Project.

Get support:

Still have questions?

How do I obtain a legal name change in Connecticut?

To obtain a legal name change, you apply to either your local Probate or Superior Court. Here are the instructions for applying to Probate Court: Procedure for Applying to the Probate Court for Change of Name.

Adults need to complete and submit the following forms:

Form PC-901 which you can find here: PC-901 REV. 5/22 Petition for Change of Name (Adult).
Form PC-910 which can be found here PC-910.pdf.

To change the name of a minor, you must complete and submit the following forms:

PC-900 PC-900
PC-910A PC-910A.
PC-900CI PC-900CI

Applicants who are indigent or otherwise unable to pay the application fee of $250 may be eligible for a waiver by completing and submitting Form PC-184: Request/Order Waiver of Fees (Petitioner).

Do I need to publish my name change in a newspaper?

No. Connecticut does not have this requirement.

How do I change the name and gender on my Connecticut driver’s license?

Here are the instructions for changing name and gender on a Connecticut driver’s license or identification card: GENDER DESIGNATION ON A LICENSE OR IDENTIFICATION CARD

If you are changing your name, you must first change it on your Social Security card. You must also submit a name change order from a court (NOTE: It doesn’t need to be from a Connecticut court) and complete the following form: CHANGE OF NAME OR NAME CORRECTION REQUEST

To change the gender on an adult driver’s license or identification card, you must submit Form B-385: GENDER DESIGNATION ON A LICENSE OR IDENTIFICATION CARD. In addition to “Male” and “Female,” there is a gender-neutral “Non-Binary” option.

If the person requesting the change is a minor, a parent or guardian must be present and sign the B-385 form, or the minor must submit a signed and notarized 2D form with the B-385: Here is a link to the 2D Form: CERTIFICATE OF PARENTAL CONSENT DEPARTMENT OF MOTOR VEHICLES NOTARIZATION (Not valid unless notarized below) SUBSCRIBED AND SWORN.

NOTE: Beginning May 3, 2023, if you want to use a state ID to fly domestically or enter a federal building, it will need to be a REAL ID. For more information about obtaining a CT REAL ID, see: Connecticut Real ID – CT DMV Information

If I was born in Connecticut, how do I change the name and gender on my birth certificate?

In 2015, Connecticut changed the law to allow a person to amend the sex designator on his or her birth certificate to reflect such person’s gender transition, without requiring any surgical treatment. Instead, the sex designator on the birth certificate can be amended if the registrant provides an affidavit from a physician, advance practice registered nurse, or psychologist, that the registrant has undergone surgical, hormonal or other treatment clinically appropriate for the purpose of gender transition.

The steps and forms for changing name and gender on a Connecticut birth certificate can be found here: Listed below are the necessary documents that the Department of Public Health will need to amend the sex designator on your birth certificate.

In addition to “Male” and “Female,” Connecticut allows a “Non-Binary” gender neutral option.

If you run into trouble or have questions, fill out the Transgender ID Project support form or contact GLAD Answers.

Intimate Partner Violence | Connecticut

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What is domestic violence?

Connecticut law defines domestic abuse or “family violence” as: (1) an act that results in physical harm, bodily injury, or assault; or (2) a violent threat that causes fear of imminent physical harm, bodily injury, or assault (Conn. Gen. Stat. sec. 46b-38a(1)). Verbal threats by themselves do not trigger the law’s protections unless there is “a present danger and the likelihood that physical violence will occur.”

Do domestic violence laws apply to people in same-sex relationships?

Yes, depending on how serious you and your partner are or were. Connecticut’s family violence law applies to abuse between “family or household members,” a definition which includes spouses and ex- spouses, people are or were residing in the same household, people who have a child together, and people who are in or have recently been in a dating relationship (Conn. Gen. Stat. sec. 46b-38a(2)).

How do I get a court order protecting me from an abusive partner?

You can get a court order from the Family Court, which will prohibit the abuser from coming near you or your home, or from harassing you any further (Conn. Gen. Stat. sec. 46b-15(b)). It may also include temporary custody or visitation rights, protections for your children, and protections for any animals you may own (Id). An order will only be issued if the court finds you have been subjected to “a continuous threat of present physical pain and injury” (Conn. Gen. Stat. sec. 46b-15). Orders may be granted on an emergency basis.

The process is intended to be simple. You may go to court nearest where you live, or if you have fled your home, in the town where you used to live. You will need to fill out an application alleging “abuse” as defined above, along with an affidavit providing the details. The affidavit is signed under oath, so everything you say must be true. Try to demonstrate in as much detail as possible why you feel threatened.

The defendant/abuser must then be served with (given a copy of) the court order, and notified of their right to contest the order in court. You may wish to have an attorney represent you during this part of the process, especially if you think custody or visitation issues may arise in court. You should bring with you any witnesses who can substantiate the abuse, as well as copies of threatening letters, medical records, or any other documents that can show how you have been harmed and why you are afraid. Expect to be asked questions by the judge and the attorney for the abuser/defendant. You have the same right to ask questions.

Once the order is issued, it is effective statewide. Violation of a court order is a criminal offense (see generally, Conn. Gen. Stat. sec. 46b-15 (c)). The court may grant orders of protection for up to 6 months in duration, and those orders may later be extended (Conn. Gen. Stat. sec. 46b-15(d)).

If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed. If you don’t show up, it is possible the court will think of you as unreliable if you need legal help in the future.

There is another type of order available called a “protective” order. It is issued automatically when an assailant is arrested and requires no contact to occur between the assailant and victim.

There are other laws that prohibit stalking, harassing and trespassing which may apply to you, but are beyond the scope of this document.

What is “Jennifer’s Law”?

A domestic violence bill coined “Jennifer’s Law” in honor of New Canaan mother, Jennifer Dulos, was signed into law in 2021.

The law expands the definition of domestic violence to include “coercive control.” This means that threatening, humiliating, or intimidating acts that harm a person and deprive them of their freedom will now be considered domestic violence.

It will establish a new program to provide legal representation for domestic violence victims who file restraining orders. Those who file restraining orders will also be faced with a more efficient process, with the capability to email marshals the forms needed to serve them.

Victims of domestic violence will also now be allowed to testify remotely in court proceedings for matters such as restraining orders, protective orders, or standard criminal protective orders. The bill requires that a safe place be provided to victims of family violence in all court locations built after July 1, 2021.

For more information, see: Substitute Senate Bill No. 1091 – Public Act No. 21-78.