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

 

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