Connecticut Employers Have New Notification Requirement Beginning January 29

by Pullman & Comley - Labor, Employment and Employee Benefits Law

Pullman & Comley - Labor, Employment and Employee Benefits Law

The Connecticut Fair Employment Practices Act (CT FEPA) was amended during the past legislative session to enhance the protections available to pregnant women in the workplace. Among the new provisions of the law (which applies to employers of three or more employees as well as the state and political subdivisions) is the requirement that the employee receive written notice of the right to be free from pregnancy-related discrimination. Subject employers must provide this notice to employees: (1) upon their commencement of employment; and (2) within 10 days after an employee notifies the employer about her pregnancy. The revised law, including these notice requirements, became effective October 1, 2017.

The new law also requires employers to notify existing employees of their rights under the revised law within 120 days after its effective date, which is January 29, 2018.  The notification requirements may be satisfied by displaying a poster in English and Spanish in a conspicuous area at the place of business. Displaying these posters also satisfies the notice requirement for new employees and for employees who notify the employer of their pregnancy.

Some Protections under Prior Law Preserved

The revised CT FEPA retains some of the protections available to pregnant women under prior law, including a prohibition on: terminating a woman’s employment because of her pregnancy; refusing to grant a reasonable leave of absence for a disability resulting from pregnancy; denying an employee disabled as a result of pregnancy any compensation to which she is entitled as a result of the accumulation of disability or leave benefits accrued under the employer’s plans; and failing to reinstate an employee to her original job or an equivalent position (unless, in the case of a private employer, circumstances have so changed as to make it impossible or unreasonable to do so).

Key Provisions of the Revised Pregnancy Discrimination Law

The revised law adds three defined terms to the CT FEPA:

  • “Pregnancy,” which means not only pregnancy but also childbirth or a related condition, such as lactation;
  • “Reasonable accommodation,” which is defined by examples, such as periodic rest, temporary transfers to less strenuous work, time off to recover from childbirth, and break time for expressing breast milk; and
  • “Undue hardship,” meaning an action requiring significant difficulty or expense when considered in light of such factors as the nature and cost of the accommodation and the overall financial resources of the employer.

The law also clarifies an employer’s obligations with respect to employees and applicants for employment. For example, prior law prohibited employers from refusing to make a reasonable effort to transfer a pregnant employee to a suitable temporary position if the employer or employee reasonably believed that continued employment in the position may cause injury to the employee or the fetus. The revised law provides that employers may not refuse to make any kind of reasonable accommodation (which is now defined to include temporary transfers to less strenuous or hazardous work) to a woman because of her pregnancy, absent undue hardship. The revised CT FEPA also deletes the requirement that an employer inform an employee that she must give written notice in order to be eligible for a transfer to a temporary position.

In addition, the new law provides that employers may not require an employee or applicant who is affected by pregnancy to:

  • Accept a reasonable accommodation if the individual does not have a known limitation related to her pregnancy or does not require a reasonable accommodation to perform the essential duties related to her employment; or
  • Take a leave of absence if a reasonable accommodation can be provided in lieu of such leave.

Prior law did not address these issues.

Finally, the new law explicitly provides that an employer may not:

  • Limit, segregate or classify an employee in a way that would deprive her of employment opportunities due to her pregnancy;
  • Discriminate against an employee or applicant on the basis of her pregnancy in the terms of conditions of employment;
  • Deny employment opportunities to an employee or applicant if the denial is due to the employee’s request for a reasonable accommodation due to her pregnancy; or
  • Retaliate against an employee in the terms, conditions or privileges of her employment based upon the employee’s request for a reasonable accommodation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pullman & Comley - Labor, Employment and Employee Benefits Law | Attorney Advertising

Written by:

Pullman & Comley - Labor, Employment and Employee Benefits Law

Pullman & Comley - Labor, Employment and Employee Benefits Law on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.