The Connecticut Employment Law Guide

Background checks are subject to the federal Fair Credit Reporting Act. Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act.

Connecticut requires that employers conduct background checks for the following types of employees: School personnel, school bus operators, childcare or day care personnel, foster care parents or other providers, casino employees, correctional personnel, those working for nursing homes, private detectives, and retailers of firearms.

Employers may not obtain a credit report on an applicant or employee unless: the employer is a financial institution, the report is required by law, the employer reasonably believes that the employee has committed a specific violation of law related to their employment, or the report is substantially related to the position or the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job-related and the employer informs the applicant or employee in writing.

Employers are not allowed to ask about an applicant’s criminal history on an initial employment application.

Any form given to applicants later in the process that inquires about criminal history must contain a statement that the applicant is not required to disclose information about any records have been expunged/erased, a list of criminal records eligible to be expunged/erased, and a statement that an applicant with expunged/erased records will be treated as if the original arrest never happened and that they may swear to that under oath (meaning they can safely sign off on the application saying they have no history if the records have been expunged/erased).

It is illegal for employers to ask an applicant about their salary history or to direct a third party to make such inquiries (e.g., a background check provider). If an applicant volunteers their salary history, an employer may verify it, but employers should not in any way encourage candidates to disclose this information.

Employers may only test applicants for drugs if the comply with all the following requirements: The employer tells the applicant that they will require a drug test when they apply, the employer uses the same testing methods for the initial and second test as are required for employees (see below), and the employer gives them a copy of any positive test result.

When testing employees, employers must reasonably suspect that an employee is under the influence of drugs or alcohol that is or could negatively affect their job performance before requiring them to take a drug test. However, employers do not need a reasonable suspicion to conduct random drug testing under the following circumstances: They are authorized by federal law, the employee has a high-risk or safety-sensitive job (as determined by the Labor Commissioner), or the test is part of an employee assistance program and the employee voluntarily participates.

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Connecticut’s mini-COBRA allows employees to continue their coverage for up to 30 months. We recommend that employers inform an employee of their COBRA rights as soon as a triggering event occurs.

Employers may not discharge, discriminate, or retaliate against an employee for any of the following reasons:Because the employee exercised their First Amendment rights as long as it didn’t substantially interfere with their job performance, because the employee reported an alleged violation of law, because the employee participated in an investigation or proceeding, because the employee opposed, complained about, or participated in a proceeding regarding discrimination in employment, because the employee exercised their OSHA rights, including making a safety complaint and testifying in an OSHA proceeding, or because the employee opposed or participated in the investigation of sex-based pay discrimination.

If two employees do equal work on a job, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, there are four conditions that may (legally) lead to a different pay rate: A seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential system based upon a bona fide factor other than sex, such as education, training or experience.

Employers may not request or require that an employee or applicant disclose any authentication means for accessing a personal online account, authenticate or access a personal online account in the employer’s presence, or invite the employer or accept an invitation from the employer to join a group affiliated with any personal online account.

Employers may not discharge, discipline, discriminate against, retaliate against, fail or refuse to hire, or otherwise penalize an individual who exercises their rights under this law.

Employers may request access to an employee’s personal social media if they’re conducting an investigation into that employee’s alleged misconduct and they have a reasonable belief that the employee’s personal social media activity is relevant to the investigation. Employers may also monitor, review, access, or block electronic data stored on an electronic communications devise paid for, in whole or on part, by the employer, or traveling through or stored on the employer’s network.

Employers may not monitor their employees by electronic surveillance in areas for their health or personal comfort or for safeguarding their possessions. Examples of these areas include restrooms, locker rooms, and lounges. Employers may not use any type of device to listen to or record negotiations about employment contracts, unless everyone consents. Employers must give their employees prior written notice if they use electronic monitoring.

Connecticut requires that all private employers create and publish a policy regarding the protection of employee Social Security Numbers (SSNs). The policy must protect the confidentiality of SSNs, prohibit unlawful disclosure of SSNs, and limit access to SSNs. The policy must be distributed to each employee in writing or displayed in conspicuous location.

Connecticut’s Time’s Up Act, passed in 2019, establishes new rules and requirements regarding sexual harassment training and education. The following applies to all employers with three or more employees:

Employers will be required to provide to a new employee a copy of information regarding the illegality of sexual harassment and remedies available to victims.

Employers must provide all existing employees with two hours of training by October 1, 2020.

Employers must provide two hours of training and education to new employees hired on or after October 1, 2019 within six months of their start date.

Employers with fewer than three employees must provide two hours of training and education to all existing supervisory employees by October 1, 2020 or within six months to new supervisory employees. A supervisor is defined as any individual who has the authority, by using her or his independent judgment, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances or effectively to recommend such actions.

Employers must provide periodic supplemental training not less than every ten years.

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View the resources available to Connecticut business owners and workers impacted by the coronavirus outbreak in our state-by-state COVID-19 Resource Center.