WHAT THIS BILL REGULATES · 7 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(8) "Automated employment-related decision process" (A) means a computational process that makes, assists in making or is used in the course of making an employment-related decision, (B) includes, but is not limited to, a computational process that (i) uses a computer-based assessment or test to (I) make a predictive assessment concerning an applicant for employment or employee, (II) measure the skills, dexterity, reaction time or any other ability or characteristic of an applicant for employment or employee, (III) measure the personality traits, aptitude, attitude or cultural fit of an applicant for employment or employee, or (IV) screen, evaluate, categorize or recommend an applicant for employment or employee, (ii) directs job advertisements or other recruiting materials to targeted groups, (iii) screens resumes for particular terms or patterns, (iv) analyzes a facial expression, word choice or voice captured during an online interview, or (v) analyzes data acquired from a third party concerning an applicant for employment or an employee, and (C) does not include any word processing, spreadsheet, map navigation, web hosting, domain registration, networking, caching, Internet web site loading, data storage, firewall, anti-virus, anti-malware, spam and robocall filtering, spellchecking, calculator, database or similar software or technology insofar as such software or technology does not make an employment-related decision; (2) "DeployDeploy"Deploy" means to put an automated employment-related decision process into use;Sec. 1(2)" means to put an automated employment-related decision process into use; (3) "DeployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3)" means a personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) doing business in the state who deploysDeploy"Deploy" means to put an automated employment-related decision process into use;Sec. 1(2) an automated employment-related decision process in the state; (4) "DeveloperDeveloper"Developer" means a person doing business in the state who develops, or intentionally and substantially modifies, an automated employment-related decision process;Sec. 1(4)" means a personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) doing business in the state who develops, or intentionally and substantially modifies, an automated employment-related decision process; (5) "Employment-related decision" (A) means a decision regarding a term or condition of employment, and (B) includes, but is not limited to, (i) the decision to hire, promote or terminate an applicant for employment or employee, (ii) decisions related to compensation, scheduling, assigning duties, productivity monitoring, workplace surveillance or performance evaluations of an applicant for employment or employee, and (iii) any other decision affecting the rights, benefits or obligations of an applicant for employment or employee; (6) "PersonPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6)" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity; (7) "Substantial factorSubstantial factor"Substantial factor" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual;Sec. 1(7)" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual; and (8) "Trade secretTrade secret"Trade secret" has the same meaning as provided in section 35-51 of the general statutes.Sec. 1(8)" has the same meaning as provided in section 35-51 of the general statutes.
Section 1 establishes the definitions applicable to Sections 2 through 13 of the act. Key defined terms include automated employment-related decision process, deployer, developer, employment-related decision, and substantial factor. The definition of the covered platform is broad, encompassing any computational process that makes, assists in, or is used in the course of making employment-related decisions, with specific examples including predictive assessments, resume screening, facial expression analysis, and third-party data analysis. A carve-out excludes general-purpose IT tools (word processing, databases, etc.) that do not themselves make employment-related decisions.
(a) 1 Except as provided in subsection (b) of this section, the developer of an automated employment-related decision process that is deployed in the state shall provide to the deployer of such automated employment-related decision process all information that such deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) requires to perform such deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3)'s duties under sections 3 to 6, inclusive, of this act.
(b) 1 The developer of an automated employment-related decision process may enter into a contract with a deployer of the automated employment-related decision process to assume the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3)'s duties under sections 3 to 6, inclusive, of this act. The contract shall be binding and clearly set forth which of the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3)'s duties under sections 3 to 6, inclusive, of this act the developerDeveloper"Developer" means a person doing business in the state who develops, or intentionally and substantially modifies, an automated employment-related decision process;Sec. 1(4) has assumed.
Section 2 creates the supply-chain information-flow obligation. Subsection (a) requires developers of automated employment-related decision processes deployed in Connecticut to provide deployers with all information the deployer needs to perform its duties under Sections 3–6. Subsection (b) permits the developer and deployer to contract for the developer to assume the deployer's duties, provided the contract clearly specifies which duties are transferred.
(a)–(b) 2 Except as provided in subsection (b) of this section and subsection (b) of section 2 of this act, a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) who deploysDeploy"Deploy" means to put an automated employment-related decision process into use;Sec. 1(2) an automated employment-related decision process that is intended to interact with an applicant for employment or employee in the state shall ensure that it is disclosed to each such applicant or employee who interacts with such process that such applicant or employee is interacting with an automated employment-related decision process. (b) No disclosure shall be required under subsection (a) of this section under circumstances in which a reasonable personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) would deem it obvious that such personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) is interacting with an automated employment-related decision process.
Section 3 requires deployers to disclose to each applicant or employee who interacts with an automated employment-related decision process that they are interacting with such a process. The disclosure obligation is excused when a reasonable person would deem it obvious that they are interacting with an automated process. This obligation may also be contractually assumed by the developer under Section 2(b).
3 Except as provided in subsection (b) of section 2 of this act, prior to collecting any personal data of an applicant for employment or employee in the state for processing in an automated employment-related decision process, a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall provide to such applicant or employee a written notice disclosing: (1) The purpose of such data collection; (2) The categories of personal data that will be collected for processing in such automated employment-related decision process; (3) The retention period for any personal data collected; (4) The categories of personsPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) who will have access to such personal data; and (5) Information concerning the right, under subparagraph (C) of subdivision (5) of subsection (a) of section 42-518 of the general statutes, to opt out of the processing of personal data for the purposes set forth in said subparagraph.
Section 4 requires deployers to provide written notice to applicants and employees before collecting any personal data for processing in an automated employment-related decision process. The notice must disclose the purpose of data collection, categories of data collected, retention period, categories of persons with access, and information about the right to opt out of personal data processing under Connecticut's existing data privacy statute (§ 42-518).
4 Except as provided in subsection (b) of section 2 of this act, a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) who has deployed an automated employment-related decision process to make, or be a substantial factorSubstantial factor"Substantial factor" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual;Sec. 1(7) in making, an employment-related decision concerning an applicant for employment or employee in the state shall, before such employment-related decision is made, provide to such applicant or employee a written notice disclosing: (1) That the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) has deployed an automated employment-related decision process; (2) The purpose of the automated employment-related decision process and the nature of such employment-related decision; (3) Information concerning the right, under subparagraph (C) of subdivision (5) of subsection (a) of section 42-518 of the general statutes, to opt out of the processing of personal data for the purposes set forth in said subparagraph; (4) Contact information for the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3); (5) The availability of human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a) pursuant to section 7 of this act; (6) Information concerning how such applicant or employee may request a revaluation of any employment-related decision made in whole or in part by such automated employment-related decision process; (7) A link to the summary of the most recent bias audit required pursuant to section 8 of this act; and (8) Information concerning how to request additional documentation or information about such automated employment-related decision process.
Section 5 imposes a pre-decision written notice requirement. Before an automated employment-related decision process makes or substantially factors into an employment-related decision, the deployer must inform the affected applicant or employee of: the use of the process, its purpose, opt-out rights, contact information, availability of human review, how to request reevaluation, a link to the most recent bias audit summary, and how to request additional documentation.
(a)(1)–(3) 5 Except as provided in subsection (b) of section 2 of this act, a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) who has deployed an automated employment-related decision process to make, or be a substantial factorSubstantial factor"Substantial factor" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual;Sec. 1(7) in making, an employment-related decision concerning an applicant for employment or employee in the state shall, if such employment-related decision is adverse to such applicant or employee, provide to such applicant or employee: (1) A high-level statement disclosing the principal reason or reasons for such adverse employment-related decision, including, but not limited to, (A) the degree to which, and manner in which, the automated employment-related decision process contributed to such adverse employment-related decision, (B) the type of data that were processed by such automated employment-related decision process in making, or as a substantial factorSubstantial factor"Substantial factor" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual;Sec. 1(7) in making, such adverse employment-related decision, and (C) the source of the data described in subparagraph (B) of this subdivision; (2) An opportunity to (A) examine the data the automated employment-related decision process processed in making, or as a substantial factorSubstantial factor"Substantial factor" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual;Sec. 1(7) in making, such adverse employment-related decision, (B) correct any incorrect data described in subparagraph (A) of this subdivision, and (C) appeal such adverse employment-related decision if such adverse employment-related decision is based upon any incorrect data described in subparagraph (A) of this subdivision. Such appeal shall allow for human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a); and (3) Upon request by such applicant or employee, or such applicant or employee's representative, a copy of the most recent bias audit required pursuant to section 8 of this act.
(b)(1)–(4) 5 A deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) who is required to provide a high-level statement to an applicant for employment or employee in the state pursuant to subdivision (1) of subsection (a) of this section shall provide such statement: (1) Directly to such applicant or employee; (2) In plain language; (3) In all languages in which such deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3), in the ordinary course of such deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3)'s business, provides contracts, disclaimers, sales announcements and other information to personsPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) in the state; and (4) In a format that is accessible to individuals with disabilities.
Section 6 establishes post-adverse-decision obligations. When an automated employment-related decision process makes or substantially factors into an adverse employment-related decision, the deployer must provide the affected individual with: a high-level statement of the principal reasons including the degree and manner of the process's contribution, the type and source of data processed; an opportunity to examine and correct data and to appeal with human review; and upon request, a copy of the most recent bias audit. Subsection (b) requires the high-level statement to be provided directly, in plain language, in all languages the deployer ordinarily uses, and in a disability-accessible format.
(a) For the purposes of this section "human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a)" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.
(b)(1) 6 A deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) who has deployed an automated employment-related decision process in making, or as a substantial factorSubstantial factor"Substantial factor" (A) means a factor that assists in making, and is capable of altering the outcome of, an employment-related decision concerning an individual in the state, and (B) includes, but is not limited to, any use of an automated employment-related decision process to generate any content, decision, prediction or recommendation concerning an individual in the state that is used as a basis to make an employment-related decision concerning such individual;Sec. 1(7) in making, an employment-related decision concerning an applicant for employment or employee in the state shall implement human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a) over such automated employment-related decision process by providing for review of the content, decisions, predictions or recommendations generated by the automated employment-related decision process and any other information relevant to such content, decision, prediction or recommendation in order to confirm the accuracy of data processed by such automated employment-related decision process and, when appropriate, modify or veto any such content, decision, prediction or recommendation generated by such automated decision-making process prior to any adverse employment-related decision.
(b)(2) 6 A deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall (A) establish procedures necessary to pause, correct or reverse erroneous or harmful content, decision, prediction or recommendation generated by an automated employment-related decision process, and (B) establish and maintain logs listing all human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a) reports and any intervention taken by an individual conducting such human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a).
(c) 6 No automated employment-related decision process shall be used by a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) in making a final or determinative employment-related decision without human reviewHuman review"human review" means a review conducted by a qualified individual who (1) has the authority to make or change an employment-related decision, (2) understands the capabilities, limitations and risks of the automated employment-related decision process, including, but not limited to, patterns of bias, disparate impact and data quality issues, and (3) does not rely solely on the content, decision, prediction or recommendation generated by the automated employment-related decision process in making a final or determinative employment-related decision.Sec. 7(a) over such final or determinative employment-related decision.
Section 7 defines human review and imposes human oversight obligations. A qualified reviewer must have authority to make or change decisions, understand the process's capabilities and limitations (including bias patterns), and not rely solely on AI output. Deployers must implement human review over automated employment-related decision processes, establish procedures to pause, correct, or reverse erroneous outputs, maintain logs of reviews and interventions, and may not use the process for final or determinative decisions without human review.
(a)(1)–(3) 7 Prior to deploying an automated employment-related decision process, and annually thereafter, a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall contract with an independent auditor to complete a bias audit. Such bias audit shall be done not later than one year prior to the date the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) intends to deployDeploy"Deploy" means to put an automated employment-related decision process into use;Sec. 1(2) such automated employment-related decision process. (2) Each bias audit conducted pursuant to this subsection shall: (A) Evaluate the automated employment-related decision process performance and error rates across relevant subgroups; (B) Assess disparate impact caused by the automated employment-related decision process against protected classes; (C) Examine the sources of data processed by the automated employment-related decision process and quality of content, decisions, predictions or recommendations generated by the automated employment-related decision process; (D) Evaluate the effects of any thresholds, scoring or ranking criteria utilized by the automated employment-related decision process; and (E) Test for less discriminatory alternatives or adjustments to such automated employment-related decision process. (3) No deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall contract with an independent auditor who (A) has a financial or operational interest in the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) or developer of the automated employment-related decision process, or (B) has not been approved by the Labor Commissioner pursuant to subsection (b) of this section.
(b) The Labor Commissioner shall establish and implement an approval process of independent auditors to conduct bias audits pursuant to subsection (a) of this section and shall maintain a registry of independent auditors approved by such process.
(c) 8 Not later than thirty days after completing a bias audit pursuant to subsection (a) of this section, the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall (1) in a form and manner prescribed by the Labor Commissioner, file a bias audit report and a plain-language summary of such report with the commissioner, and (2) publish a plain-language summary of such audit report on the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3)'s Internet web site in a conspicuous place accessible to applicants for employment and employees. Such summary shall include (A) the methodology used in such bias audit, (B) the key findings and identified risks found by such bias audit, and (C) any corrective actions taken by the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3).
(d) 9 No automated employment-related decision process shall be deployed or continue to be deployed by a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) if the most recent bias audit conducted pursuant to subsection (a) of this section identified any disparate impact caused by such automated employment-related decision process, except where the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) can demonstrate (1) a business necessity, (2) such deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) has implemented corrective actions approved by the Labor Commissioner, and (3) that either (A) no less discriminatory alternative is available, or (B) a less discriminatory alternative has been implemented by the deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3).
(e) 10 Each deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall maintain records relating to bias audits required pursuant to subsection (a) of this section for a period of not less than five years and shall make such records available to the Labor Commissioner upon request.
(f) The Labor Commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, necessary to carry out the purposes of this section, including, but not limited to, establishing minimum qualifications for independent auditors and methodologic requirements for bias audits required pursuant to subsection (a) of this section.
Section 8 establishes a comprehensive bias audit regime. Deployers must contract with a Labor Commissioner-approved independent auditor for a pre-deployment and annual bias audit covering performance/error rates across subgroups, disparate impact, data source examination, threshold effects, and less discriminatory alternatives. Audit results must be filed with the Labor Commissioner and a plain-language summary published on the deployer's website. A process showing disparate impact may not be deployed unless the deployer demonstrates business necessity, has implemented Commissioner-approved corrective actions, and either no less discriminatory alternative exists or one has been implemented. Records must be maintained for at least five years.
11 No employer, deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3), developerDeveloper"Developer" means a person doing business in the state who develops, or intentionally and substantially modifies, an automated employment-related decision process;Sec. 1(4), labor organization or any other personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) shall discharge or in any manner discriminate or retaliate against, any applicant for employment or employee because such applicant or employee: (1) Filed a complaint, provided information or otherwise assisted in an investigation or proceeding concerning any alleged violation of sections 3 to 8 of this act; (2) Objected to or refused to participate in any activity that such applicant or employee reasonably believed to be in violation of sections 3 to 8 of this act; or (3) Exercised any rights granted under the provisions of sections 3 to 8 of this act.
Section 9 prohibits employers, deployers, developers, labor organizations, and any other person from discharging, discriminating against, or retaliating against any applicant or employee who files a complaint, provides information or assists in an investigation concerning violations of Sections 3–8, objects to or refuses to participate in activity they reasonably believe violates those sections, or exercises any rights granted under those sections.
(a)–(b) 12 No provision of sections 2 to 8, inclusive, of this act shall be construed to require any personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) to disclose any information that is a trade secretTrade secret"Trade secret" has the same meaning as provided in section 35-51 of the general statutes.Sec. 1(8) or otherwise protected from disclosure under state or federal law. (b) If a personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) withholds any information under subsection (a) of this section, the personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) shall send a notice to the personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) from whom such information is being withheld. Such notice shall disclose (1) that such personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6) is withholding such information, and (2) the basis for such personPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6)'s decision to withhold such information.
Section 10 provides that the disclosure obligations in Sections 2–8 do not require disclosure of trade secrets or information otherwise protected from disclosure under state or federal law. However, a person withholding information must send notice to the person from whom the information is withheld, disclosing both the fact and basis of the withholding.
Any violation of the provisions of sections 3 to 8, inclusive, of this act shall constitute an unfair or deceptive trade practice for the purposes of subsection (a) of section 42-110b of the general statutes and shall be enforced solely by the Attorney General. The provisions of section 42-110g of the general statutes shall not apply to any such violation.
Section 11 designates violations of Sections 3–8 as unfair or deceptive trade practices under Connecticut's UTPA (§ 42-110b(a)), enforced solely by the Attorney General. The private right of action under § 42-110g is expressly excluded for these violations.
An employee aggrieved by a violation of sections 3 to 9, inclusive, of this act may bring a civil action in the Superior Court to recover damages and equitable relief together with costs and reasonable attorney's fees.
Section 12 creates an independent private right of action for employees aggrieved by violations of Sections 3–9 (including the anti-retaliation provision). Employees may bring a civil action in Superior Court for damages, equitable relief, costs, and reasonable attorney's fees.
13 Where an applicant for employment or employee is represented by an employee organization, a deployerDeployer"Deployer" means a person doing business in the state who deploys an automated employment-related decision process in the state;Sec. 1(3) shall (1) provide written notice prior to any testing, deployment or material modification of an automated employment-related decision process, and (2) engage in good faith bargaining with such employee organization regarding the purpose, scope and anticipated impacts of such automated employment-related decision process.
Section 13 requires deployers, where employees are represented by an employee organization, to provide written notice prior to testing, deployment, or material modification of an automated employment-related decision process and to engage in good faith bargaining with the union regarding the purpose, scope, and anticipated impacts of the process.
(a) As used in this section, section 17 of this act and sections 5-271 of the general statutes, as amended by this act, and 7-468 of the general statutes, as amended by this act, "artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a)" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.
(b)(1)–(2) 14 No state agency, or any entity acting on behalf of a state agency, shall, directly or indirectly, utilize or apply any artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a) in performing any function that (A) is related to the delivery of any public assistance benefit to individuals in the state by such agency, or (B) will have a material impact on the rights, civil liberties, safety or welfare of individuals in the state, unless such utilization or application is specifically authorized by law. (2) No state agency shall authorize any procurement, purchase or acquisition of any artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a), except where the use of such system is specifically authorized by law.
(b)(3)–(c) 15 If a state agency is authorized to procure, purchase or acquire an artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a), the state agency shall contract with an independent auditor to complete a bias audit pursuant to subsection (a) of section 8 of this act. (c) Any bias audit completed pursuant to subdivision (3) of subsection (b) of this section shall be submitted to the Commissioner of Administrative Services, in a form and manner prescribed by the commissioner, and posted on the agency's Internet web site not later than sixty days prior to deployment of such artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a). Any agency may redact any data in such impact statement to remove personally identifiable information of any individual.
Section 14 restricts state agency use of AI technology. No state agency may use AI in functions related to public assistance delivery or materially impacting individuals' rights, civil liberties, safety, or welfare unless specifically authorized by law. State agencies may not procure AI technology unless authorized by law, and must contract for an independent bias audit under Section 8 if authorized to procure. Completed audits must be submitted to the Commissioner of Administrative Services and posted on the agency website at least 60 days before deployment.
16 Employees shall have, and shall be protected in the exercise of, the right of self-organization, to form, join or assist any employee organization, to bargain collectively through representatives of their own choosing on questions of wages, hours and other conditions of employment, including, but not limited to, the use of artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a) by an employer and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion.
Section 15 amends § 7-468(a) of the general statutes to add the use of artificial intelligence technology by an employer as an explicit subject of collective bargaining for municipal employees. This ensures AI use is a mandatory bargaining topic alongside wages, hours, and other conditions of employment.
17 Employees shall have, and shall be protected in the exercise of the right of self-organization, to form, join or assist any employee organization, to bargain collectively through representatives of their own choosing on questions of wages, hours, the use of artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a) by an employer and other conditions of employment, except as provided in subsection (d) of section 5-272, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from actual interference, restraint or coercion.
Section 16 amends § 5-271(a) of the general statutes to add the use of artificial intelligence technology by an employer as a mandatory subject of collective bargaining for state employees, parallel to the municipal employee amendment in Section 15.
18 During the term of a written collective bargaining agreement entered into by an employer and a designated employee organization, no artificial intelligence technologyArtificial intelligence technology"artificial intelligence technology" means a computer system, application or other product that uses or incorporates one or more forms of artificial intelligence.Sec. 14(a) shall be used by or on behalf of the employer in any manner that: (1) Modifies or impairs such agreement in any way, including, but not limited to, any such use that has the effect of modifying or impairing the rights, benefits and privileges accorded to the employee members of the bargaining unit that is represented by such designated employee organization, by, among other things, (A) reducing the wages, fringe benefits or nonovertime hours of such employee members, or (B) assuming the duties and functions of such employee members; (2) Modifies or impairs the designated employee organization's role as the exclusive representative of the bargaining unit for the purposes of such agreement; or (3) Modifies or impairs the relationship between the employer and the designated employee organization with respect to such agreement.
Section 17 prohibits use of AI technology by or on behalf of an employer during the term of a collective bargaining agreement in any manner that modifies or impairs the agreement, reduces wages/benefits/hours or assumes bargaining unit duties, modifies or impairs the union's role as exclusive representative, or modifies or impairs the employer-union relationship.
(b)(1)(A) 19 For an employer, by the employer or the employer's agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against any individual in compensation or in terms, conditions or privileges of employment because of, or to use an automated employment-related decision process in any manner that has the effect of causing the employer to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against any individual in compensation or in terms, conditions or privileges of employment on the basis of, the individual's race, color, religious creed, age, sex, gender identity or expression, marital status, national origin, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability, including, but not limited to, blindness, status as a veteran, status as a victim of domestic violence, status as a victim of sexual assault or status as a victim of trafficking in personsPerson"Person" means an individual, association, corporation, limited liability company, partnership, trust or other legal entity;Sec. 1(6). In any action for a discriminatory practice in violation of this subparagraph involving an automated employment-related decision process, the commission or the court shall consider any evidence, or lack of evidence, of anti-bias testing or similar proactive efforts to avoid such discriminatory practice, including, but not limited to, the quality, efficacy, recency and scope of such testing or efforts, the results of such testing or efforts and the response thereto.
(b)(1)(B) 20 For an employer, by the employer or the employer's agent, to fail to provide to any individual advance written notice disclosing, at a minimum, that an automated employment-related decision process will be used to make, to assist in making or in the course of making a decision to hire or employ or to bar or to discharge from employment, or concerning the compensation or terms, conditions or privileges of employment, of such individual. Such notice shall, at a minimum, disclose the trade name of the automated employment-related decision process and the types and sources of personal information concerning the individual that the automated employment-related decision process will process or analyze.
Section 18 amends Connecticut's existing antidiscrimination statute to add AI-specific provisions. It inserts the definition of automated employment-related decision process into § 46a-60(a) and amends the employer discrimination prohibition in § 46a-60(b)(1) to make it a discriminatory practice to use an automated employment-related decision process in any manner that has the effect of causing discriminatory employment actions on the basis of protected characteristics. In discrimination actions involving automated decision processes, the commission or court must consider evidence of anti-bias testing or proactive efforts to avoid discrimination. A separate new subparagraph (B) makes it a discriminatory practice for employers to fail to provide advance written notice that an automated process will be used, including the trade name and types/sources of personal information processed.