Legislative Program Review and Investigations Committee
Commission
on Human Rights and Opportunities
Appendix B
Appendix B
Legislative
History of the Commission on Human Rights and Opportunities
1943
Inter-Racial Commission founded by law becomes the nation’s first official
civil rights agency. Ten Commissioners appointed by the Governor were
empowered to investigate equal employment opportunities, and to compile facts
on discrimination in employment, violations of civil liberties and other
related matters. P.A. 381
1947
Fair Employment Practices Act adopted, making it illegal for employers
of five or more persons, employment agencies, unions or individuals to
discriminate in terms, conditions or privileges of employment, because of
race, color, religious creed, national origin or ancestry. Ten hearing
examiners appointed by Governor, three of who would constitute a hearing
tribunal (at $25.00 per day) with cease and desist powers. P.A. 171
1949
Public housing projects were specifically included in the Public
Accommodation Law. The
Inter-Racial Commission was authorized to investigate and adjust complaints
under this statute. P.A. 291
1951
The Inter-Racial Commission is renamed Commission on Civil Rights
P.A. 21
1953
Definition of public place was broadened to include publicly assisted housing,
and all establishments which offer the public goods, services, and facilities.
Discrimination, separation, and segregation were prohibited.
P.A. 326
1955
Commission authorized to initiate housing discrimination complaints. P.A. 410
Discriminatory “help
wanted’ advertising declared an unfair employment practice. P.A. 550
1959
Job discrimination on account of age (40-65 inclusive) prohibited. Period for
filing complaints reduced to 90 days after the alleged discriminatory act.
P.A.145 and P.A. 334
Discrimination in the sale or
rent of private housing prohibited where five or more contiguous units are
under the same ownership or control. P.A. 410
1961
Discrimination in the sale or rent of private housing was prohibited when
three or more contiguous units are under the same ownership or control, or
have been within one year prior to a discriminatory act.
Building lots were also included.
P.A. 472
1963
Age provisions were exempted from “unfair employment practices” when part
of bona fide apprenticeship programs, group insurance or retirement and
pension plans. P.A. 261
Complainants in job
discrimination cases received the right of court appeal from decisions by the
Commission or a hearing tribunal. P.A.
472
Discrimination in rental
property was prohibited except for (1) an apartment in an owner-occupied two
family house, or (2) rooms for rent within a private home or apartment.
P.A. 594
1965
Equal access in public accommodations was extended to national origin or
ancestry. P.A. 141
Non-discriminatory membership practices were required of associations, boards or other organizations for professions, trades or occupations that require a state license. P.A. 433
Commission received the power to petition for injunctions in discrimination cases about housing. P.A. 543
Commission received subpoena
powers for employment records at the investigation stage. P.A. 576<![endif]>
1967
All state agencies mandated to include anti-discrimination activities in their
annual reports; to comply with Commission requests for information; and to
consider Commission recommendations for implementing state anti-discrimination
policies. (Executive Orders,
February and September, 1967)
National origin and sex added
to discriminatory membership practices by professional associations whose
members are licensed by the state. P.A. 39
Discrimination in the sale or
rent of commercial property was prohibited. P.A. 177
The Commission requires the
posting of notices about fair employment and public accommodation statutes,
with non-compliance subject to maximum fine of $250.
P.A. 210
Definition of employers
broadened to cover those with three or more employees.
P.A. 253
Commission was authorized to
require contractors to honor Commission requests for information on employment
practices and procedures. P.A.
284
Sex discrimination was added
to protections covered by the Fair Employment Practices Act.
P.A. 426
Commission’s name changed
to Commission on Human Rights and Opportunities and enlarged to twelve
members. P.A. 636
Commission received
authorization to establish regional offices and to employ a member of the
state bar as its own council. P.A.
715
Commission was authorized to
seek such awards, not to exceed $500, based on findings of a Public Hearing
Tribunal in housing or commercial property cases.
P.A. 756
1969
The number of Hearing Examiners was increased to 15 and raised to $35, plus
reasonable expenses. P.A. 656
1972
Mobile home parks were defined as places of public accommodation P.A. 186
1973
Sex discrimination was added to the prohibitions in the Public Accommodations
Statute. Exception granted in rental of segregated sleeping quarters.
P.A. 119
Blind and otherwise
physically disabled persons were included in the laws.
P.A. 279
Hearing Examiners must be
lawyers; their total number was increased to 25; and their daily compensation
was raised to $75 plus reasonable expenses. P.A. 444
Sex and marital status
discrimination in credit transactions was prohibited. Pregnancy leave benefits
and job rights were specified for inclusion in the Fair Employment Practices
Law. P.A. 647
1974
CHRO was granted subpoena power to allow investigators access to records and
other documents relating to the complaint.
P.A. 74-43
The period for filing
complaints was increased from 90 to 180 days after the alleged act of
discrimination. P.A. 74-54
Sex discrimination was added
to the prohibitions in the State Contract Compliance Law. P.A.
74-68
Discrimination because of
marital status in public accommodations and housing was prohibited.
However, denial of housing to a man and a woman unrelated by blood or
marriage was specifically exempted from this prohibition.
P.A. 74-205
The
Commission was authorized to receive complaints under the law prohibiting
discrimination against persons with criminal records by the state in
employment and licensing, within 30 days of the alleged violation. P.A. 74-265
“Physically disabled” was
defined in he state’s anti-discrimination laws.
74-346
1975
Back pay as a remedy for unfair employment practices limited to two years
prior to complaint filing with interim earnings, including unemployment
compensation and welfare payments, and amounts which could have been earned
with reasonable diligence, deducted. P.A. 75-27
Arbitration process was
declared no bar to persons filing discrimination complaints.
P.A. 75-214
CHRO authorized to use interrogatories requiring written answers as part of its investigation. P.A. 75-216
Age (18 and over) was added
to the classes protected by the Credit Transactions Law.
P.A.75-281
Age discrimination in public
accommodations was prohibited. Exempted
from the law’s provisions are: minors, federal, state aided or municipal
housing for the elderly and private housing developed and maintained for
specified age groups. P.A. 75-323
“Physically
disabled” was clarified. The definition adds the terms, “infirmity or
impairment” and includes, but is not limited to, “epilepsy, deafness, or
hearing impairment or reliance on a wheelchair or other remedial appliance or
device.” P.A. 75-346
Age discrimination in
employment extended to persons below 40 and beyond age 65. P.A. 75-350
Marital status discrimination
added to the employment prohibitions. P.A.
75-446
Affirmative Action Plans
required of all state agencies, departments, boards, and commissions. CHRO was
authorized to review, approve, and monitor each plan. P.A. 75-536
CHRO was empowered to enter
into contracts for and accept grants of federal funds.
P.A.75-597
1976
Age and Marital Status were added to the law prohibiting discrimination in the
performance of state contracts. P.A.
76-8
Discrimination on account of
deafness was specifically prohibited in public accommodations, and deaf owners
of guide dogs were extended the same rights as blind owners of guide dogs.
P.A. 76-49
CHRO’s statutory procedures
for processing complaints were conformed to the State Administrative Procedure
Act. P.A. 76-141
Credit Transaction Law was
broadened to forbid discrimination based on race, creed, color, national
origin, ancestry, and physical disability.
Complaints may either be filed with CHRO or be brought to the Court of
Common Pleas, which may award punitive and actual damage.
P.A. 76-75 and P.A. 76-171
1977
The law prohibiting deprivation of legal or constitutional rights on
account of alienage, color, race, or sex was expanded to cover blindness and
physical disability. P.A. 77-278
CHRO was authorized to
receive and initiate complaints for violation of the State Code of Fair
Practices. P.A. 77-551
Commissioners were granted
the authority to petition the Court of Common Pleas for injunctive relief in
employment discrimination cases to prevent irreparable harm to complainants in
cases involving employers of more than 50 employees.
P.A. 77-531
Maximum period for appeal of
Hearing Tribunal’s final orders or decisions to dismiss complaints by the
commission was changed from two weeks to 30 days.
Court costs may be taxed in favor of the prevailing party, but may be
waived for persons unable to pay. P.A.
77-603
The Executive Reorganization
Act placed CHRO in the Department of Administrative Services, for
administrative purposes only, and required that a majority of Commission
members serve terms coterminous with the Governor.
P.A. 77-614
1978
Statute establishing the Legislative Commission on Human Rights and
Opportunities was repealed. P.A.
78-3
CHRO was required to review
state agency annual reports to the Governor in order to monitor compliance
with the State Code of Fair Practices. P.A.
78-14
Mentally retarded persons
were included under the state’s anti-discrimination laws. P.A.
78-148
Employers required to make a
reasonable effort to transfer pregnant workers engaged in occupations which
either believe may cause injury to employee or fetus, to a temporary, suitable
position. P.A. 78-152
Five year staggered terms
were reinstituted for CHRO Commissioners.
P.A. 78-315
Mandatory retirement based on
age was eliminated for private sector employees.
State and municipal employees may not be forced to retire until age 70.
Exemptions for persons in occupations such as police work and fire fighting in
which age is a bona fide occupational qualification. P.A. 78-350.
1979
Places of public accommodations were ordered to post notices stating that a
deaf or blind person accompanied by a harnessed guide dog may enter the
premises. P.A. 79-186
State agencies were required
to develop their affirmative action plans pursuant to CHRO regulations and may
be permitted to file approved plans annually instead of semi-annually.
P.A. 79-255
Mandatory retirement at age
70 permitted for employees from private institutions of higher education.
Certain high-salaried executive or policy makers in private or public
sectors may be retired at age 65. Employers
were permitted to consider age in a seniority system or benefit plan, as long
as the plan was not to evade the law’s age discrimination provisions.
P.A. 79-303 and P.A. 79-304
Fair Employment Practices Law
extended to persons with a present or past history of a mental disorder.
P.A. 79-480
1980
The law prohibiting deprivation of legal or constitutional rights was amended
to cover religion and national origin. Intentional
desecration of public or private property as a demonstration of irreverence or
contempt or cross burning is a Class A Misdemeanor.
CHRO is authorized to process such complaints.
P.A. 80-54
Sexual harassment by an
employer, employment agency, labor organization or their agents against an
employee, applicant or member was explicitly included as a discriminatory
employment practice. P.A. 80-285
The statutes administered by
CHRO were technically revised and consolidated into one chapter of the General
Statutes in Title 46a. P.A.
80-422
1981
CHRO to process complaints under the Families with Children Law, which
prohibit refusal to rent and rental discrimination because of minor children.
Exemptions continue for one and two family housing and all owner
occupied three and four family dwelling units, as well as those situations
where the rental would violate any local, state, or federal law or regulation
or condominium by law. P.A. 81-81
“Discrimination on the
basis of sex” to include discrimination related to pregnancy, child baring
capacity, sterilization, fertility, or related medical conditions. Workers
were provided protections in jobs that may endanger reproductive health.
P.A. 81-382
1982
Group health insurance plans may not reduce coverage for employees who are age
65 and eligible for Medicare benefits as long as coverage is the same as that
provided by the insurance plan. P.A.
82-196
1983
General contractors bidding on state public works projects were required to
make a good faith effort to employ minority businesses as subcontractors and
suppliers of materials. P.A.
83-496
CHRO was authorized to appeal
an order of a Hearing Officer. P.A.
83-496
CHRO was reestablished
following Sunset review. Commission members was reduced from 12 to 9: 5
appointed by the Governor and 4 by legislative leaders for four-year staggered
terms. Commission to review and formally approve affirmative action plans by a
majority of its members within 75 days of each plan’s submission.
Commission to issue certificate of noncompliance if an AAP is
disapproved twice consecutively. CHRO to monitor state contracts to determine
compliance with statutes prohibiting discrimination.
Noncompliance as determined by CHRO will prohibit contractor from award
of further contracts. P.A. 83-569
1984
The time period for CHRO to formally approve or disapprove state agency
affirmative action
plans was extended from 75 to 90 days.
The required majority vote for approval or disapproval was clarified to
be a majority of commissioners present and voting.
P.A. 84-41
The Commission’s
interrogatory authority extended to any complaint alleging any discriminatory
practice, and answers were required to be under oath.
CHRO was authorized to adopt regulations.
P.A. 84-88
Religious creed was defined
so as to require an employer to make reasonable accommodation to an
employee’s religious observances, practice or beliefs, unless an employer
demonstrates that he is unable to reasonably accommodate without undue
hardship in the conduct of his business.
P.A. 84-202
The requirements of § 4-114a
were extended to political subdivisions of the state other than a
municipality. Minority business
enterprise was defined. P.A.
84-412
Commission to adopt
regulations of § 4-114a. Good faith efforts for the employment of minority
businesses as subcontractors and suppliers in public works projects were
defined. P.A. 84-418
By Executive Order, Governor
O’Neill required the Commission to be the central coordinating agency of
state government responsible for assuring that equal opportunity through
affirmative action exists within state service.
Executive Order No. 14, Jan. 3, 1984
1985
The amount of any deduction for interim unemployment compensation or welfare
assistance deducted from back pay awarded by a respondent must be paid by the
respondent to the Commission, which will transfer it to the appropriate state
or local agency. P.A. 85-179
Mobility impaired owners of
guide dogs were given the same protections under the Public Accommodations Law
as those afforded to blind or deaf guide dog owners.
P.A. 85-289
Mobile manufactured home
parks developed and maintained for specified age groups were exempted from the
prohibitions against age discrimination in the Public Accommodations Law.
P.A. 85-512
1986
Maximum double damages which a court may award in housing discrimination cases
was increased from $500 to $3,000. P.A.
86-193
Notice of a court hearing for
an injunction in a housing discrimination case must be served on the
respondent not more than 10 days instead of 5 days before the hearing.
P.A. 86-206
Amount of pension or
retirement benefit for the termination of executives or high policy makers at
age 65 was raised from $27,000 to $44,000 to conform to the federal law.
P.A. 86-381
By Executive Order, Governor
O’Neill created the Dr. Martin Luther King, Jr. Holiday Commission and
required CHRO to act as secretariat and consultant. Executive Order No. 15,
Jan. 10, 1986.
1987
The head of each state agency required to be directly responsible for the
development, filing, and implementation of the affirmative action plan.
P.A. 87-255
CHRO was authorized to issue
a certificate of noncompliance if a state agency affirmative action plan is
disapproved, rather than if twice consecutively disapproved.
P.A. 87-303
To meet an affirmative action
goal, an appointing authority may request and the
Administrative Services Commissioner may certify names of qualified
protected class members for appointment or promotion who may not be reachable
under existing certification procedures. Requests must also be furnished to
CHRO who may send written comments to the appointing authority and the DAS
Commissioner. P.A. 87-322
The Commission director was
designated by a member of the AIDS Task Force to review, research, and
recommend state policy on acquired immune deficiency syndrome.
P.A. 87-527
1988
Nursing homes permitted to grant preference in admissions on the basis of
creed if owned by, operated by, or affiliated with a religious organization,
the organization is tax exempt, and the class of people given preference is
consistent with the religious mission of the nursing home.
P.A. 88-114
The procedures for appeal and enforcement of decisions of CHRO Hearing Officers were separated, clarified, and simplified. Injunctive relief provisions for discriminatory employment practices and discriminatory housing practices were consolidated and uniform standards were established. P.A. 88-241
Discrimination on the basis
of mental disability was prohibited in public accommodations and housing.
P.A. 88-288
Violation of contract
compliance law was made a discriminatory practice. Commission to assess civil
penalties after hearing against contractors who fraudulently qualified for
state contracts as minority business enterprises or who knowingly do business
with such contractors. Connecticut age discrimination statutes were conformed
to the federal law with respect to mandatory retirement, pension accrual, and
group health insurance. Tenured faculty of public colleges may not be
mandatorially retired. P.A.
88-303
Effective April 1, 1988,
public works contractors with 50 or more employees and individual contracts
between $50,000 and $250,000 required to submit affirmative action plans for
CHRO review and approval. Successful bidder must have their affirmative action
plans approved or conditionally approved by CHRO within 60 days of submittal
in order to be awarded the contract. CHRO
to investigate and proceed against any instances of noncompliance with the
act’s affirmative action provisions. It
is also required to compile data on state contracts with female or other
minority businesses and report annually to the General Assembly on the
employment of these businesses as contractors and subcontractors.
P.A. 88-351
1989
In response to the recommendations of the
1988 Governor’s Task Force, significant changes made to CHRO’s procedures
for handling complaints and to the terms, duties, and power
of the commissioners and its executive director.
Specifically, time frames were imposed for conducting an investigation,
completing conciliation efforts, and scheduling a hearing once a reasonable
cause finding has been made.
Investigators required to
make a written finding of reasonable cause, including factual findings, within
nine months of the date the complaint was filed.
One three-month extension is permitted for good cause.
If complainant requests a reconsideration, it must be filed within 15
days after the finding is issued and the commission must reconsider it within
90 days of issuance. Investigator must attempt conference, conciliation, and
persuasion with in 60 days after a reasonable cause finding.
If discrimination has not been eliminated within 45 days after the
reasonable cause finding the investigator must certify the complaint and the
investigation results to the attorney general and the commission chairman for
a public hearing. The hearing
must be held not later than 90 days. Also,
the term “reasonable cause” was defined.
CHRO to serve a copy of the complaint on the respondent and authorizes the respondent to file a written answer under oath within 15 days after receiving the complaint. CHRO authorized to conduct fact-finding conferences to promote settlements. Investigators required to let each party provide written or oral comments on all evidence in CHRO’s file and to consider those comments. Each party is afforded the right to inspect and copy all documents, statements of witnesses, and other evidence unless federal or state law otherwise prohibits disclosure. The investigator or commissioner is authorized to disclose to the complainant, respondent, and their counsel what has occurred during attempts to eliminate the discrimination. The complainant is afforded the right to be represented by his own counsel at the hearing.
Discrimination complaints
pending on January 1, 1990 must be resolved by July 1, 1991.
Existing nine commissioners
terms were to expire on July 14, 1990 and new appointees to be made by the
governor and legislative leaders. Governor, instead of the commission, to
select the chairman for a term of one year. Commission to appoint an executive
director by July 15, 1989 and supervise him. Executive director’s term
expires July 14, 1990 and thereafter the term is for four years. Executive
director’s duties and salary determination are specified. Terms and
conditions of hearing examiner appointments are altered.
P.A. 89-332
1990
A separate fair housing law distinct is created that is substantially
equivalent to the federal law. Specifically
prohibited are steering, blockbusting, and other forms of housing
discrimination. CHRO to have
responsibility for enforcement, but the complainant may go to court to enforce
its provisions. A person is
allowed to file a housing suit in court, but if the complaint has been filed
with CHRO and has held a hearing or entered an agreement, court is no longer
an option, except to enforce the agreement or hearing officer’s decision.
CHRO is given the express right to join a lawsuit.
New construction housing with
four or more units is required to comply with specific handicap accessibility
laws.
The maximum damages a person
who is discriminated against in housing can receive from a court is increased
from $3,000 to $50,000.
The prohibition on
discrimination against families with children is extended to condominiums
regardless of any by-laws barring families with children.
Discrimination against families with children is allowed in elderly
housing but age discrimination among the elderly in elderly housing is
prohibited.
Procedural changes are made in the way complaints to CHRO are handled. After receiving a complaint, CHRO to notify the complainant of the statutory time frames and of his right to sue in court. Within 10 days of receiving the complaint, CHRO must serve it on the respondent together with a notice that identifies the discriminatory practice and informs him of his procedural rights and obligations. The number of days a respondent has to file an answer in housing discrimination cases is reduced from 15 to 10. P.A. 90-246
CHRO’s deadline for
resolving all discrimination complaints pending on January 1, 1990, is
extended for one year (July 1, 1991 to July 1, 1992).
The commission’s procedures and timeframes passed in P.A. 89-332 will
not apply to these pending complaints. The term “learning
disability” is placed in the list of protected classes, authorizing CHRO to
use its authority to nvestigate and enforce the law for these types of
discrimination. P.A. 90-330
1991
Discrimination on the basis of sexual orientation in employment, housing,
public accommodations , credit, and in the provision of state services and
benefits is prohibited. Generally, the same duties, requirements, enforcement
mechanisms, and penalties as already apply to other classes of people who have
anti-discrimination protection are imposed. Exempt from these provisions are
any religious corporation, entity, association, educational institution, or
society. “Sexual orientation”
is defined as a preference, or history of a preference, for heterosexuality,
homosexuality, or bisexuality. P.A.
91-58
A person accused of discrimination is required to file a written answer under oath to the complaint. The time for filing an answer with CHRO is extended from 15 to 30 days after the respondent is served with the complaint. The answer to a complaint alleging housing discrimination must still be filed within 10 days.
The executive director of
CHRO, or his designee, to issue a default order against
respondent who fails to (1) file a sworn answer, after notice; (2)
answer interrogatories issued by CHRO; (3) respond to a subpoena issued by
CHRO. CHRO hearing officers
to enter a default order against a respondent
who fails to (1) file a written answer prior to the hearing within time
limits or (2) appear at the hearing after notice.
CHRO to petition the Superior Court to enforce such default or relief
orders. Executive director to appoint up to two deputy directors with the
approval a majority of the commission. Executive director to assign complaints
to investigators and appoint hearing officers.
Hearing officers to allow reasonable amendments to any complaint or
answer. CHRO is permitted to accept private funds, bequests, gifts, and
donations, including the services of attorneys. P.A. 91-302
Effective October 1, 1991, a
complainant is permitted to bring an action in Superior Court for violation of
the discriminatory employment law if his/her complaint is still pending after
210 days. P.A. 91-331
1992
A person accused of housing discrimination is permitted to have CHRO bring an
action in Superior Court rather than hold an administrative hearing.
This right arises if investigator finds reasonable cause to believe
there has been an incident of discrimination. The degree to which sex
discrimination is allowed in single-sex rooming houses and the degree to which
landlords can discriminate against someone with a guide dog visiting a tenant
is limited. P.A. 92-257
1993
The daily compensation for hearing officers was increased from $75 to $125.
P. A. 93-313
The appointment of hearing officers is altered to give the governor more authority and eliminate the CHRO executive director from the process. A five-year term is established for all present and future hearing officers, and five instead of two years as an attorney is required as a condition of employment
Hearing officers to set a
reasonable fee for expert witness testimony under certain circumstances.
CHRO executive director to
appoint two hearing adjudicators to help settle cases or handle preliminary
matters prior to a hearing.
The hearing of a contested
case before a hearing officer must be a new hearing on the merits of the case
and not an appeal of CHRO’s processing of the complaint prior to its
certification for public hearing. The attorney general or CHRO counsel to
allow the complainant’s attorney to present some or all of the
complainant’s case at hearing, if he determines that it will not adversely
affect the state’s interests. Hearing officers, hearing adjudicators, or
attorneys who volunteer their services are authorized to supervise settlement
efforts in contested cases.
Alternative dispute
resolution efforts for up to three months is authorized in employment
discrimination cases. The cost
must be paid by either or both parties and not by CHRO.
Negotiations in connection with settlement or alternative dispute
resolution measures are not permitted to be received in evidence.
A complainant is authorized
to petition the court to enforce any order issued by the hearing officer and
for other appropriate temporary relief or a restraining order.
Hearing officers are required
to state his/her findings of fact and issue an order dismissing the complaint
only after there has been a “complete hearing.”
P.A. 93-362
1994
Procedures and deadlines established for employment cases filed with the CHRO
when the parties choose to resolve the complaints through alternative dispute
resolution. Commission to inform the parties of the availability of voluntary
mediation and binding arbitration. CHRO
to dismiss complaints submitted to binding arbitration, after arbitration is
completed, and to suspend for up to three months the processing of complaints
submitted to voluntary mediation, unless public policy reasons exists for
pursuing them.
Commission to adopt
implementing regulations, including standards and procedures for alternate
dispute resolution of employment discrimination complaints.
Either or both of the parties to an employment discrimination complaint
are responsible for the costs of alternate dispute resolution.
P.A. 94-113
The powers of local civil rights agencies are expanded to issue orders and petition the court for relief with respect to violations of local discriminatory practices codes that CHRO has with respect to state anti-discrimination laws. By law, CHRO’s actions supersede a local agency’s actions on the same matter but CHRO may consider evidence from a local investigation and the local agency’s decision. P.A. 94-163
CHRO executive director, or
his designee, to decide the most appropriate method for handling a case and
use mandatory mediation as a method of fact-finding, resolution, or
determining whether there is a reason to believe a violation has occurred.
CHRO executive director, or his designee, to review the file within 90 days
after the complaint, other than a housing complaint, is filed.
Review must include the complaint; the respondent’s answer and
response to CHRO’s requests for information, if any; and the complainant’s
comments about the answer and response, if any.
If he/she determines the complaint does not state a claim for relief or
is frivolous on its face, or that there is no reasonable possibility that
investigating it will result in a finding of reasonable cause, CHRO must
dismiss the complaint. CHRO to
dismiss a complaint if the respondent has eliminated the practice complained
of, taken steps to prevent a similar violation, and offered full relief to the
complainant, even if the complainant has refused the relief.
A complainant to ask CHRO to reconsider its decision within 15 days of
the dismissal whenever a complaint has been dismissed because it fails to
state a claim for relief, is frivolous, or there is no possibility that
investigating it will result in a finding of reasonable cause.
The commission must consider or reject the request within 90 days.
The attorney general or CHRO counsel may withdraw certification of a complaint
for public hearing and remand it for additional investigation under certain
circumstances. A confidentially requirement that applies to CHRO investigators
is extended to all CHRO commissioners and employees. Sex discrimination in
places of public accommodation, resort, or amusement does not apply to
separate bathrooms.
The commission is required to
inform a complainant by mail of ant finding, closure, dismissal, or other
determination or proceeding concerning the complaint.
P.A. 94-238
1996
CHRO to retain jurisdiction until January 1, 1997, over any pending
discrimination complaint filed before January 1, 1996, that it would have had
jurisdiction if it had complied with statutory time frames.
This law, passed to overrule the Supreme Court decision in Angelsea
Productions Inc. v. CHRO 236 which ruled that the statutory time frames
are mandatory, prevented the immediate dismissal of cases. CHRO must issue a
determination on these complaints by January 1, 1997, or its executive
director must immediately issue a release allowing complainants to bring their
case to court. They must do so
within 90 days from the date they receive the release, in accordance with
existing standards for taking employment discrimination cases to court,
regardless of the two-year statute of limitations.
CHRO is given jurisdiction
over any complaint filed with it after January 1, 1996, that it would have had
if it complied with statutory time frames, as long as it takes action to
comply with these time requirements by June 30, 1996. The 90-day time frame
for administrative review and dismissal of complaints when the respondent
fails to answer in a timely fashion is suspended from the end of the 30-day
response period until CHRO receives the answer.
Cases filed by January 1,
1996, that are on appeal to the court from a hearing officer’s decision, on
appeal from the dismissal of the complaint, involve a court petition to
enforce a hearing officer’s order, or involve a court appeal from the final
CHRO decision of CHRO are validated and require court reinstatement.
CHRO is granted 12 instead of
9 months to make a finding of reasonable cause or no reasonable cause.
Executive director is allowed to grant two, instead of one, three-month
extensions for good cause.
CHRO hearings are required to
be commenced by convening a hearing conference no later than 90 days after a
finding of reasonable cause. CHRO
hearings are further required to proceed with reasonable dispatch and in
accordance with requirements of the UAPA.
Law Revision Commission, with
a 13-member advisory committee, to study and recommend a revision of the CHRO
complaint process to the General Assembly by January 15, 1997.
P.A. 96-241
1997
An authorized trainer working with a guide dog for a blind person or for a
deaf or mobility-impaired person is permitted to bring the dog on public
transportation or into public accommodation.
Denying access to them in any place of public accommodation, or
amusement is a discriminatory practice. The penalty is a fine of between $25
and $100, imprisonment for up to 30 days, or both.
P.A. 97-141
It is a discriminatory
practice for a place of public accommodation, resort, or amusement to restrict
or limit the right of a mother to breast feed her child.
P.A. 97-210
1998
Employment discrimination based on genetic information is prohibited.
Employers are prohibited from requiring employees or people seeking
employment to provide genetic information.
By law, CHRO is authorized to investigate employment complaints of this
nature. P.A. 98-180
CHRO will monitor Affirmative
Action Plans of state agencies for hiring and retention of persons with
disabilities. P.A. 98-205
A licensed first- and second-mortgage broker or lender to notify the banking commissioner by written affidavit if, he reasonably believes the lending practices of a financial institution or federal bank violate any anti-discrimination statute. The commissioner to notify CHRO when he finds there is a reasonable basis for doing so and inform CHRO of the action he plans to take. The commissioner is permitted to suspend, revoke, or refuse to renew the license of any broker or lender who violates these requirements. P.A. 98-221
CHRO’s panel of at least 25
part-time hearing officers replaced with seven full-time human rights referees
appointed by the governor. The
full-time referees have the powers and duties granted to hearing officers and
presiding officers under the Uniform Administrative Procedures Act (UAPA).
Part-time hearing officers serving on October 1, 1998, continue to
serve until all their cases are complete.
CHRO is granted jurisdiction
to investigate and resolve discrimination complaints even though it fails to
meet deadlines for conducting and completing investigations and initiating
administrative hearings. CHRO is
required to report annually to the governor and the Judiciary Committee on the
number of cases for which statutory time frames for investigating complaints
are not met and the reasons for it.
The right to file a
discrimination lawsuit is expanded. CHRO
must issue authorization for the complainant to sue if the complainant and
respondent jointly request it. Complainants
whose cases are dismissed by CHRO based on a merit assessment review or for
failure to accept full relief from a respondent are given the right to sue the
respondent in court within 90 days of the dismissal.
If complainants ask for reconsideration and it is denied, their only
remedy is an appeal. Further,
complainants who charge discrimination based on sexual orientation can receive
a release to sue if the complaint is not resolved within 210 days.
The time CHRO has to serve a
copy of the complaint on a respondent is increased from 10 to within 20 days
after the complaint is filed. CHRO,
for good cause, may grant a respondent a 15-day extension beyond the 30-day
period within which they must file an answer to the complaint with CHRO.
CHRO must administratively review a case file within 90 days after it
receives the answer, instead of within 90 days after it receives the
complaint. Thus, CHRO is given up
to an additional 65 days to conduct its merit assessment review.
The time for investigating
complaints is reduced from within 12 months of the filing date to within 190
days after the merit assessment review. The
CHRO executive director may grant the investigator two three-month extensions
for good cause.
A CHRO investigator who finds reasonable cause to believe that discrimination did occur must attempt to eliminate it by conference, conciliation, or persuasion within 50 instead of 60 days after the finding. The complaint must be certified within 10 days of the end of the 50-day period if the investigator fails to eliminate the discriminatory practice. An administrative hearing conference must be held within 45 days after the investigator certifies the complaint rather than within 90 days after a reasonable cause finding.
The executive director,
rather than the commissioners, determines reconsiderations of agency
decisions. The executive director
works at the pleasure of the nine commissioners and will receive annual
reviews. P.A. 98-245
1999 CHRO must require state agencies, within available appropriations, to give their existing employees at least three hours of diversity training and education by January 1, 2001 and to give new employees such training within six months of their hiring. Agencies must give priority to training existing and new supervisory employees. An agency only has to train new employees if it trained its existing employees before October 1, 1999. CHRO must assist the Department of Administrative Services commissioner in developing a diversity training program for state agency use. CHRO is authorized to investigate complaints about agencies not complying with the mandated training and must provide annual reports on the status of state agency diversity training programs to the General Assembly. P.A. 99-180