Public Accomodations | Discrimination | Connecticut

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).

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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Updating your legal name or gender marker on your Connecticut IDs and birth certificate can feel confusing at first. This page provides clear step-by-step instructions to help you through the process. Whether you are completing a transgender name change in Connecticut or updating the gender marker on your ID, the Transgender ID Project offers guidance that makes each requirement easier to understand. This resource is designed for transgender people living in Connecticut who want to navigate these updates with confidence and access the information they need in one place.

How to Change Your Name and Gender Marker in Connecticut

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:

Understanding Your Rights in Connecticut

Updating your ID documents is one important step, but it’s part of a broader picture of legal protections available to transgender people in Connecticut. Here are some resources to help you understand your rights.

Know Your Rights: Connecticut has strong nondiscrimination protections for transgender people covering employment, housing, health care, and public accommodations. The Connecticut Know Your Rights page offers a full overview of those legal protections and how they apply to your daily life, providing important context for what your rights are once your documents are updated.

Transgender Rights: The legal ability to update your name and gender marker in Connecticut exists because of decades of advocacy work. GLAD Law has been at the forefront of advancing transgender rights through litigation, legislation, and public advocacy, creating the legal conditions that make these ID changes possible. Learn more about that work and how GLAD Law continues to defend and expand transgender rights across New England and beyond.

Public Accommodations: Having accurate ID documents matter beyond identification, it helps reduce the risk of discrimination when accessing public services, health care, housing, and other accommodations. Connecticut law prohibits discrimination based on gender identity in public accommodations. Learn more about those protections and what to do if you experience discrimination.

Recent Legislation Affecting Transgender Rights in Connecticut

Connecticut has a strong track record of protecting transgender rights through state law, and that work continued in 2025.

In 2015, Connecticut passed Public Act 15-132, removing the surgical requirement for amending the gender marker on a birth certificate. Since 2020, Connecticut has offered an X gender marker option on driver’s license and state IDs. Connecticut also has longstanding statewide nondiscrimination protections for transgender people in employment, housing, public accommodations, and education.

Most recently, in 2025 the Connecticut legislature passed Public Act No. 25-154, reaffirming the state’s policy of health care nondiscrimination by explicitly prohibiting discrimination based on sex, sexual orientation, ender identity, and gender expression by health care providers. This law reinforces existing protections at a time when federal nondiscrimination policies are being rolled back.

Frequently Asked Questions About Changing Your Name and Gender Marker in Connecticut

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 is the primary petition form for adults requesting a legal name change in Connecticut Probate Court: PC-901 Petition for Change of Name (Adult)
Form PC-910 is a supporting affidavit required alongside the PC-901 petition for adult name changes: PC-910.pdf

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

Form PC-900 is the petition form for requesting a legal name change for a minor in Connecticut Probate Court: PC-900
Form PC-910A is a supporting affidavit required alongside the PC-900 petition for minor name changes: PC-910A
Form PC-900CI is a confidential form filed alongside the PC-900 to provide the minor child’s Social Security number to the Probate Court: 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, which requests that the Probate Court waive filing fees for applicants who cannot afford them: 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: Form E-78 is used to request a name change or name correction on a Connecticut driver’s license, ID card, or vehicle registration: CHANGE OF NAME OR NAME CORRECTION REQUEST.

To change the gender on an adult driver’s license or identification card, submit Form B-385, which allows Connecticut residents to designate their gender as Female, Male, or Non-Binary on their driver’s license or state ID: GENDER DESIGNATION ON A LICENSE OR IDENTIFICATION CARD.

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. Form 2D is a notarized parental consent form required when a minor aged 16 or 17 is requesting a gender change on their Connecticut driver’s license or ID: 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 their birth certificate to reflect their gender transition, without requiring any surgical treat

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

Where can I go to get help?

In addition to the local police, district attorney, and Superior Court you can contact:

Connecticut Coalition Against Domestic Violence (CCADV)

(860) 282-7899 or Toll-Free (888) 774-2900

www.ctcadv.org

Connecticut Sexual Assault Crisis Services

(860) 282-9881 or Toll-Free (888) 999-5545 (English)

888-568-8332 (Español).

www.connsacs.org

Connecticut Women’s Education and Legal Fund (CWEALF)

(860) 524-0601 or Toll-Free (800) 479-2949

www.cwealf.org

Does domestic violence play a role in custody decisions?

It may, but there is no law saying that it should. It is a factor which affects the best interests of the child analysis.

Domestic Partnerships & Civil Unions | Connecticut

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Does Connecticut still allow civil unions?

Not anymore. Connecticut completed its transition from civil unions to full marriage equality for same-sex couples in 2010.

Before the transition, Connecticut was the second state (Vermont was the first) to allow same-sex couples to enter into civil unions, a legal status parallel to civil marriage under state law. However, in 2008, the Connecticut Supreme Court held that excluding same-sex couples from the institution of marriage violated the Connecticut Constitution (Kerrigan v. Comm’r of Pub. Health, 289 Conn. 135 (2008)). Following that decision, the Connecticut legislature passed Public Act 09-13, “An Act Implementing the Guarantee of Equal Protection Under the Constitution of the State for Same Sex Couples,” which provided a process for moving from a dual civil union and marriage system to a system in which only marriage is available. All existing Connecticut civil unions were converted into marriages on October 1, 2010.

If you have a civil union (or registered domestic partnership) from another state, Public Act 09-13 clarifies that Connecticut will grant you the same rights and benefits, and hold you to the same responsibilities, as a married couple in Connecticut.

What is domestic partnership?

Although it is a term used in many contexts, “domestic partnership” most often means a status which recognizes an unmarried couple and their children as a family for certain limited purposes, most commonly employee benefits. Some states, cities and towns have also enacted domestic partner laws. In other contexts, “domestic partner” is also a shorthand term for family, replacing “lover,” “friend,” and “roommate.” Some people call cohabitation agreements “domestic partner agreements.” For further information see GLAD publications on domestic partnership at: www.gladlaw.org/rights/publications/c/relationships/

Does Connecticut provide same-sex domestic partner benefits to state employees?

Not any longer. Although Connecticut offered domestic partnership benefits for its state employees for several years, there was an agreement that when marriage became available to same-sex couples, benefits would only be available to married or civil union spouses. Beginning in November 2009, domestic partnership benefits were terminated.

Can cities and towns in Connecticut provide domestic partner health insurance benefits to their own employees?

Yes. For example, Hartford has a domestic partnership ordinance providing a means for couples to register as domestic partners (Hartford, CT Municipal Code, Chap. 2, Art. III, sec. 2-63 (2000)).

What kinds of domestic partner benefits may private employers provide?

Private employers may provide any benefits to domestic partners they wish – whether health insurance, family medical or bereavement leave, equal pension benefits, relocation expenses, access to company facilities, or any other benefit.

However, even when employers provide these benefits, federal laws sometimes treat domestic partner benefits differently from spousal benefits, often with financial consequences. For example, employees must pay federal income tax on a domestic partner’s health insurance benefits, but spousal benefits are exempt (see Internal Revenue Code, Private Letter Ruling 9603011 (Jan. 19, 1996)). Similarly, while spousal consent is required if a married employee decides to name a third party as a pension beneficiary or survivor benefits recipient, an employee with a domestic partner can change these designations freely.

Can I use the state non-discrimination law to force my employer to provide domestic partnership benefits?

This is an open question. On the one hand, Connecticut non-discrimination law says that an employer cannot discriminate on the basis of sexual orientation in terms of compensation, and employee benefits are a form of compensation. But on the other hand, lawsuits in other states have largely failed with these types of claims on the grounds that all unmarried people – gay and non-gay alike – are barred from benefits, so there is no specific sexual orientation discrimination.

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.

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.

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.

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.

If an unmarried couple separates, what is the legal status of a relationship or partnership agreement/contract?

Upon separation, if the couple has a Relationship or Partnership Agreement/Contract, its terms will be invoked, and the couple’s assets will be divided as per the agreement. Without an agreement, unmarried couples may be forced to endure costly and protracted litigation over property and financial matters.

PLEASE NOTE: If you have changed your mind about who should be your “attorney-in-fact,” health care representative, beneficiary or executor under a will, funeral planner, conservator, or designee under a designation document, then those documents should be revoked—with notice to all persons who were given copies of those documents—and new documents should be prepared which reflect your present wishes.

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.

Hate Crimes | Connecticut

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Does Connecticut have a hate crimes law?

Yes. Connecticut has a number of hate crimes statutes that enhance criminal penalties for bias crimes and also allow an injured person to sue for monetary damages. Connecticut’s main hate crimes law sets out sentencing enhancements for hate crimes based on actual or perceived race, religion, ethnicity, disability, sexual orientation and gender identity and expression depending on their severity (Conn. Gen. Stat. sec. 53a-181i – 181l). In order to track hate crimes, the State Police maintains a reporting system so that incidents are centrally recorded (Conn. Gen. Stat. sec. 29-7m).

How does the law define what is a hate crime?

Connecticut’s sentencing enhancements for hate crimes apply when a perpetrator commits a crime with the specific intent to harass or intimidate an individual because of their actual or perceived race, religion, ethnicity, disability, sexual orientation, gender identity, or gender expression (Conn. Gen. Stat. sec. 53a-181j(a)). In other words, the perpetrator selects his victim out of bigotry.

If those prerequisites are shown, a sliding scale of sentencing enhancements applies:

If the attacker “causes serious physical injury” to a person, the crime is a Class C Felony (Conn. Gen. Stat. sec. 53a-181j(b)).
If the attacker either: (1) causes any physical contact with their victim; (2) damages, destroys, or defaces their victim’s property or personal affects; or (3) credibly threatens to do either (1) or (2), the crime is a Class D Felony (Conn. Gen. Stat. sec. 53a-181k).
If the attacker is found to act without malice, but nonetheless either: (1) damages, destroys, or defaces their victim’s property or personal affects; (2) credibly threatens to damage, destroy, or deface their victim’s property or personal affects, or encourages another person to do so, the crime is a Class A Misdemeanor (Conn. Gen. Stat. sec. 53a-181l).

Another provision of Connecticut law applies enhanced penalties to perpetrators who repeatedly commit hate crimes (Conn. Gen. Stat. sec. 53a-40a).

There are also specific laws concerning desecration of religious sites and cross burning which are beyond the scope of this document (see e.g. Conn. Gen. Stat. sec. 46a-58).

How do I know if an attack was a hate crime?

Trust your gut and report to the police all the details of any possible hate crime. If you leave out the details about bias, the police will have no way of knowing that the crime may be a hate crime. Law enforcement officials tend to use the following as guideposts for determining whether or not a crime is a hate crime.

Did the attacker use anti-LGBT language or slurs?
Was the victim in an area associated with LGBT people (e.g. outside a gay bar, at a Pride parade location, at a cruising area)?
Have there been similar crimes in the area?
Was the victim identified and targeted because of appearance or behavior (e.g., holding hands with a same-sex partner, wearing a Pride flag)
Did the attack occur regardless of economic motive (i.e., was the victim attacked but not robbed)?

Besides the police, who can I call if I think I’ve been a victim of a hate crime?

For help and referrals, call the Connecticut Women’s Education and Legal Fund (CWEALF) Hate Crimes Project. They can be contacted at (860) 247-6090 or Toll-Free (800) 479-2949.

What other options do I have if I think I have been a victim of a hate crime?

If you have been injured or if your property has been damaged, you may file a civil action against your attacker in addition to pursuing your rights in the criminal justice system (Conn. Gen. Stat. sec 52-571c). This action must be filed within three years of the date of the crime. If you prevail in court, the judge will award you triple damages, and may also decide to grant equitable relief (such as an injunction ordering the attacker to stay away from you) and attorney’s fees (Id).

In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (visit H.R. 2647 at https://www.congress.gov/bill/111th-congress/senate-bill/909/text) was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009. It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.

First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:

investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
grants to combat hate crimes committed by juveniles.

In providing assistance to local and state authorities, the priorities are hate crimes:

where the offender(s) has committed crimes in more than one state, or
that occur in rural areas which do not have the resources needed to prosecute such crimes.

Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case.

The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.

Discrimination | Employment | Connecticut

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

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

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

What do the employment provisions say? Who do they apply to?

The non-discrimination law applies to public and private employees. It forbids employers from refusing to hire a person, discharging them, or discriminating against them “in compensation, or in terms, conditions or privileges of employment” because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(1)) or gender identity or expression (Conn. Gen. Stat. sec. 46a-60(a)(1)). This covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment, and different treatment of the employee and similarly situated co-workers.

In addition, employment agencies may not discriminate based on sexual orientation (Conn. Gen. Stat. sec. 46a-81c(2)), gender identity, or gender expression (Conn. Gen. Stat. sec.c. 46a-60(a)(2)), either by refusing to properly classify or refer their customers for employment or in general. Labor organizations (e.g. unions) similarly may not discriminate (Conn. Gen. Stat. sec. 46a-81c(3); Conn. Gen. Stat. sec. 46a-60(a)(3)). The law also forbids all of these entities from advertising in such a way as to restrict employment because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(4)), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-60(a)(6)).

Finally, the State of Connecticut and its agencies are forbidden from discriminating based on sexual orientation (see generally Conn. Gen. Stat. secs. 46a-81g to 46a-81o) and gender identity or expression (see generally Conn. Gen. Stat. secs 46a-70 & 46a-71), both in their own employment practices as well as in their provision of services. The law also imposes an affirmative obligation on state agencies to adopt rules to enforce the non-discrimination provisions and to establish training programs. Contractors and subcontractors who provide services to the state must certify in writing that they will not discriminate when fulfilling the contract terms.

Effective June 7, 2016, Connecticut added sexual orientation and gender identity or expression, as well as religion, sex and national origin, as protected categories under its law banning discrimination in membership, unit formation, promotion or accommodations in “the armed forces of the state” (Conn. Gen. Stat. sec. 27-59).

Does the law apply to every employer in Connecticut?

No. As broad as the law is, there are several exemptions to its application.

Employers with fewer than 3 employees are not subject to the law (Conn. Gen. Stat. sec. 46a-51(10)).
Certain religious employers are also exempt. See below on Religious Exemption to the Prohibitions on Sexual Orientation And Gender Identity Discrimination.
Any employer, agency, or labor organization may defend against a discrimination claim by arguing that it is a “bona fide occupational qualification” of the particular job to have a non-LGBT employee fill it (Conn. Gen. Stat. secs. 46a-81c; 46a-60 generally). Luckily, although this defense is technically allowed by law, it is strictly applied and rarely successful (see, e.g. The Evening Sentinel et al. v. National Organization for Women, 168 Conn. 26, 36 (1975) (“A BFOQ exists only if no member of the class excluded is physically capable of performing the tasks required by the job”); Conn. Institute for the Blind v. CHRO, 176 Conn. 88 (1978) (“The standard for a BFOQ purposely imposes a heavy burden on an employer whose refusal to hire is prima facie discriminatory”)).
The ROTC (Reserve Officer Training Corps) program, which is established under federal law to provide officers to the U.S. military, may continue to discriminate in its “conduct and administration” at colleges and universities (Conn. Gen. Stat. sec. 46a-81q. It is worth noting that LGB individuals are no longer excluded from the military and ROTC programs; and transgender individuals can now serve in the military and will be allowed participation in ROTC no later than July 1, 2017).

Can religious employers discriminate against LGBTQ+ people?

On July 8, 2020, in Our Lady of Guadalupe School v. Morrissey-Berru, the United States Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in earlier rulings. In doing so, the Court simultaneously raised an unanswered issue under Title VII: does the ministerial exception for religious employers allow those organizations to discriminate against employees or candidates based on their LGBTQ+ status?

It’s unclear at this point how the Court’s ruling in Our Lady of Guadalupe School v. Morrissey-Berru may impact the LGBTQ+ employees of religious employers, but religious organizations and employers should recognize that the ministerial exception does not apply to every position within their organizations. Rather, it is limited to those employees who truly perform religious duties. For example, the position of a school janitor who is only present in the building outside of school hours and is not responsible for transmitting the faith would likely not be considered ministerial in nature.

Does Connecticut law forbid sexual harassment on the job?

Yes. Connecticut law defines sexual harassment as:

Unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment (Conn. Gen. Stat. sec. 46a-60(a)(8))

Can I file a complaint of sexual harassment if I’m LGBT?

Yes. It is just as unlawful to sexually harass an LGBT individual as it is to harass anyone else. Some harassment is specifically anti-LGBT, and may be more fairly characterized as harassment on the basis of sexual orientation or gender identity. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Both types of harassment can happen to the same person, and both are forbidden.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws (Compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998) (man can sue for sexual harassment by other men under federal sexual harassment laws); Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997) (same-sex sexual harassment forbidden under state law)).

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

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?

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?

What happens after a complaint is filed with the CHRO?

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

Hiring, reinstatement, or upgrading; back pay; restoration in a labor organization; cease and desist orders; and other relief that would fulfill the purposes of the antidiscrimination laws (e.g. training programs, posting of notices, etc.) (Conn. Gen. Stat. sec. 46a-86 (a – c)).

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?

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.

Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge, or other job-related actions. If you obtain relief under your contract, you may even decide not to pursue other remedies. Get and read a copy of your contract and contact a union steward about filing a complaint. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of duty of fair representation.
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 employer fires me for filing a complaint of discrimination?

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 on the job that you are complaining about, organized by date and with an explanation of who the various players are (and how to get in touch with them). Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like.