Connecticut Age Discrimination laws & HR compliance analysis

Connecticut Age Discrimination: What you need to know

The Connecticut Fair Employment Practices Act (CFEPA) prohibits employers from discriminating on the basis of age, unless a bona fide occupational qualification (BFOQ) exception applies (CT Gen. Stat. Sec. 46a-60(a)(1)). The CFEPA does not specify an age limit for covered employees. However, a federal district court using federal discrimination statutes for guidance, has ruled that the state statute protects individuals who are 40 years of age or older (Guglietta v. Meredith Corp., 301 F. Supp. 2d 209 (D. Conn. 2004)). The statute applies to employers of three or more employees. Under the CFEPA, it is unlawful to:
• Refuse to hire, or to bar or discharge an employee or applicant based on age, unless a BFOQ exception applies.
• Print or publish any notice or advertisement relating to employment indicating any preference, limitation, specification, or discrimination based on age.
• Aid, compel, or coerce any person to engage in unlawful discriminatory practices under the CFEPA, or attempt to do so.
• Exclude an employee from membership in a retirement or pension plan, or reduce benefit accruals based on age. However, employees who intend to continue working must give employers 30 days' written notice in advance of the plan's normal retirement date.
• Discriminate against any person who has opposed a discriminatory employment practice, filed a complaint, or testified or assisted in any proceeding under the CFEPA.
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Unpaid interns. Effective October 1, 2015, all employers, regardless of size, are prohibited from discriminating against unpaid interns on the basis of age.
Harassment and retaliation. A federal court ruled in favor of an employer in a claim of alleged harassment based on age, but in favor of the ...

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