Text of CT SB 399 (2026)

LCO No. 2479 1 of 7 General Assembly Raised Bill No. 399 February Session, 2026 LCO No. 2479 Referred to Committee on JUDICIARY Introduced by: (JUD) AN ACT PERMITTING SEPARATE AREAS FOR EXERCISE ON THE BASIS OF SEX IN HEALTH CLUBS AND GYMS AND CONCERNING THE DISPOSITION OF CASES BEFORE THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 46a-64 of the 2026 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective October 1, 2026): 3 (a) It shall be a discriminatory practice in violation of this section: (1) 4 To deny any person within the jurisdiction of this state full and equal 5 accommodations in any place of public accommodation, resort or 6 amusement because of race, creed, color, national origin, ancestry, sex, 7 gender identity or expression, marital status, age, lawful source of 8 income, intellectual disability, mental disability, physical disability, 9 including, but not limited to, blindness or deafness, status as a veteran, 10 status as a victim of domestic violence, status as a victim of sexual 11 assault or status as a victim of trafficking in persons, of the applicant, 12 subject only to the conditions and limitations established by law and 13 applicable alike to all persons; (2) to discriminate, segregate or separate 14 Raised Bill No. 399 LCO No. 2479 2 of 7 on account of race, creed, color, national origin, ancestry, sex, gender 15 identity or expression, marital status, age, lawful source of income, 16 intellectual disability, mental disability, learning disability, physical 17 disability, including, but not limited to, blindness or deafness, status as 18 a veteran, status as a victim of domestic violence, status as a victim of 19 sexual assault or status as a victim of trafficking in persons; (3) for a 20 place of public accommodation, resort or amusement to restrict or limit 21 the right of a mother to breast-feed her child; (4) for a place of public 22 accommodation, resort or amusement to refuse entry to a person with a 23 disability who is accompanied by a service animal; or (5) to deny any 24 person with a disability or any person training an animal as a service 25 animal to assist a person with a disability, accompanied by such service 26 animal, full and equal access to any place of public accommodation, 27 resort or amusement. Any person with a disability or any person 28 training an animal as a service animal may keep such service animal at 29 all times in such place of public accommodation, resort or amusement 30 at no extra charge, provided such service animal is in the direct custody 31 and control of such person. When it is not obvious what service an 32 animal provides, staff of a place of public accommodation, resort or 33 amusement may inquire of the owner or keeper whether such animal is 34 a service animal required because of a disability and what work or task 35 the animal has been trained to perform. Nothing in this subsection shall 36 preclude a business owner's ability to recover for damage caused to a 37 person or property by a service animal. For the purposes of this 38 subsection, "disability" and "service animal" have the same meanings as 39 provided in section 22-345 and "place of public accommodation, resort 40 or amusement" has the same meaning as provided in section 46a-44. 41 (b) (1) The provisions of this section with respect to the prohibition of 42 sex discrimination shall not apply to (A) the rental of sleeping 43 accommodations provided by associations and organizations which 44 rent all such sleeping accommodations on a temporary or permanent 45 basis for the exclusive use of persons of the same sex, [or] (B) separate 46 bathrooms or locker rooms based on sex, or (C) separate areas for 47 Raised Bill No. 399 LCO No. 2479 3 of 7 engaging in exercise within a health club or gym based on sex. (2) The 48 provisions of this section with respect to the prohibition of 49 discrimination on the basis of age shall not apply to minors or to special 50 discount or other public or private programs to assist persons sixty 51 years of age and older. (3) The provisions of this section with respect to 52 the prohibition of discrimination on the basis of physical disability shall 53 not require any person to modify his property in any way or provide a 54 higher degree of care for a physically disabled person, including, but 55 not limited to blind or deaf persons, than for a person not physically 56 disabled. (4) The provisions of this section with respect to the 57 prohibition of discrimination on the basis of creed shall not apply to the 58 practice of granting preference in admission of residents into a nursing 59 home as defined in section 19a-490, if (A) the nursing home is owned, 60 operated by or affiliated with a religious organization, exempt from 61 taxation for federal income tax purposes and (B) the class of persons 62 granted preference in admission is consistent with the religious mission 63 of the nursing home. (5) The provisions of this section with respect to 64 the prohibition of discrimination on the basis of lawful source of income 65 shall not prohibit the denial of full and equal accommodations solely on 66 the basis of insufficient income. 67 (c) Any person who violates any provision of this section shall be 68 guilty of a class D misdemeanor. 69 Sec. 2. Subsection (e) of section 46a-83 of the general statutes is 70 repealed and the following is substituted in lieu thereof (Effective October 71 1, 2026): 72 (e) If the complaint is not resolved after the mandatory mediation 73 conference, the complainant, the respondent or the commission may at 74 any time after such conference and before a draft investigative report is 75 issued request early legal intervention. If a request for early legal 76 intervention is made, a commission legal counsel shall determine not 77 later than ninety days after the date of the request whether the 78 complaint should be (1) heard pursuant to section 46a-84, (2) processed 79 Raised Bill No. 399 LCO No. 2479 4 of 7 pursuant to subsection (f) of this section, or (3) released from the 80 jurisdiction of the commission. In making such determination, 81 commission legal counsel may hold additional proceedings and may 82 utilize and direct commission staff. If a commission legal counsel 83 determines that the complaint should be processed pursuant to 84 subsection (f) of this section, the commission legal counsel may 85 recommend that the investigator make a finding of no reasonable cause. 86 The investigator shall make such a finding unless the investigator 87 believes the commission legal counsel made a mistake of fact. If the 88 investigator intends to make a finding of reasonable cause after the 89 commission legal counsel recommends otherwise, the investigator shall 90 consult with the commission legal counsel. 91 Sec. 3. Section 46a-94a of the general statutes is repealed and the 92 following is substituted in lieu thereof (Effective October 1, 2026): 93 (a) The commission, any respondent or any complainant, aggrieved 94 by a final order of a presiding officer, may appeal to the Superior Court 95 in accordance with section 4-183. Any complainant may appeal to the 96 Superior Court in accordance with section 4-183 if the complainant is 97 aggrieved by (1) the dismissal of his or her complaint by the commission 98 for failure to attend a mandatory mediation session as provided in 99 subsection (m) of section 46a-83, (2) a finding of no reasonable cause as 100 provided in subsection (g) of section 46a-83, or (3) rejection of 101 reconsideration as provided in subsection (h) of section 46a-83. 102 (b) Notwithstanding the provisions of subsection (a) of this section, a 103 complainant may not appeal the dismissal of his or her complaint if he 104 or she has been granted a release pursuant to section 46a-101. 105 (c) The commission on its own motion may, whenever justice so 106 requires, reopen any [matter] complaint previously closed. [, provided 107 such matter has not been appealed to the Superior Court pursuant to 108 subsection (a) of this section.] Notice of such reopening shall be given to 109 all parties. A complainant or respondent may, for good cause shown, in 110 Raised Bill No. 399 LCO No. 2479 5 of 7 the interest of justice, apply in writing for the reopening of a previously 111 closed proceeding, provided such application is filed with the executive 112 director of the commission within two years of the [commission’s] 113 commission's final decision and the complainant has (1) not been issued 114 a release of jurisdiction pursuant to section 46a-83a, as amended by this 115 act, and filed a civil action; [, or] (2) not requested and received a release 116 of jurisdiction from the commission pursuant to section 46a-101; (3) not 117 been issued a release of jurisdiction pursuant to subsection (c) of section 118 46a-83 and filed a civil action; (4) not been issued a final decision at the 119 commission's office of public hearings; or (5) not appealed the final 120 agency decision to the Superior Court. 121 (d) The standards for reopening a matter [may include, but are not 122 limited to] are as follows: (1) A material mistake of fact or law has 123 occurred; (2) the finding is arbitrary or capricious; (3) the finding is 124 clearly erroneous in view of the reliable, probative and substantial 125 evidence on the whole record; [and] or (4) new evidence has been 126 discovered which materially affects the merits of the case and which, for 127 good reasons, was not presented during the investigation. 128 Sec. 4. Subsection (c) of section 46a-55 of the general statutes is 129 repealed and the following is substituted in lieu thereof (Effective October 130 1, 2026): 131 (c) The executive director may, within available appropriations, 132 assign a commission legal counsel to bring a civil action concerning an 133 alleged discriminatory practice, in accordance with this subsection, in 134 lieu of an administrative hearing pursuant to section 46a-84, when the 135 executive director determines that a civil action is in the public interest 136 and if the parties to the administrative hearing mutually agree, in 137 writing, to the bringing of such civil action by commission legal counsel. 138 The commission legal counsel shall bring such a civil action in the 139 Superior Court not later than ninety days following the date the 140 commission legal counsel notifies the parties of the executive director's 141 determination. Such civil action may be served by certified mail and 142 Raised Bill No. 399 LCO No. 2479 6 of 7 shall not be subject to the provisions of section 46a-100 [,] or 46a-101. [or 143 46a-102.] The jurisdiction of the Superior Court in an action brought 144 under this subsection shall be limited to such claims, counterclaims, 145 defenses or the like that could be presented at an administrative hearing 146 before the commission, had the complaint remained with the 147 commission for disposition. A complainant may intervene as a matter 148 of right without permission of the court or the parties. The civil action 149 shall be tried to the court without a jury. If the commission legal counsel 150 determines that the interests of the state will not be adversely affected, 151 the complainant or attorney for the complainant shall present all or part 152 of the case in support of the complaint. The court may grant any relief 153 available under section 46a-104. Where the Superior Court finds that a 154 respondent has committed a discriminatory practice, the court shall 155 grant the commission its fees and costs and award the commission a 156 civil penalty, not exceeding ten thousand dollars, provided such 157 discriminatory practice has been established by clear and convincing 158 evidence, which shall be payable to the commission and used by the 159 commission to advance the public interest in eliminating discrimination. 160 Sec. 5. Subsection (b) of section 46a-82b of the general statutes is 161 repealed and the following is substituted in lieu thereof (Effective October 162 1, 2026): 163 (b) If the commission fails to issue a determination of reasonable 164 cause or no reasonable cause on any such complaint not later than 165 January 1, 1997, the executive director of the commission shall issue 166 forthwith a release of the complaint from the commission, allowing the 167 complainant to bring a civil action. Upon receipt of a release pursuant 168 to this section, the complainant may bring a civil action in accordance 169 with the provisions of sections 46a-100, 46a-101, 46a-103 and 46a-104. [, 170 notwithstanding the statute of limitations pursuant to section 46a-102.] 171 Sec. 6. Section 46a-83a of the general statutes is repealed and the 172 following is substituted in lieu thereof (Effective October 1, 2026): 173 Raised Bill No. 399 LCO No. 2479 7 of 7 If a complaint is dismissed for failure to accept full relief pursuant to 174 subsection (m) of section 46a-83, and the complainant does not request 175 reconsideration of such dismissal as provided in subsection (h) of 176 section 46a-83, the executive director shall issue a release of jurisdiction 177 and the complainant may, within ninety days of receipt of the release 178 from the commission, bring an action in accordance with sections 46a- 179 100, [and 46a-102 to 46a-104, inclusive] 46a-103 and 46a-104. 180 Sec. 7. Section 46a-102 of the general statutes is repealed. (Effective 181 October 1, 2026) 182 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2026 46a-64 Sec. 2 October 1, 2026 46a-83(e) Sec. 3 October 1, 2026 46a-94a Sec. 4 October 1, 2026 46a-55(c) Sec. 5 October 1, 2026 46a-82b(b) Sec. 6 October 1, 2026 46a-83a Sec. 7 October 1, 2026 Repealer section Statement of Purpose: To (1) permit health clubs and gyms to offer separate areas for exercise on the basis of sex, and (2) make statutory changes to commission processes involving requests for early legal intervention, the reopening of previously closed complaints and time parameters for pursuing a complaint in court. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]