Bill Text: CT HB07303 | 2017 | General Assembly | Introduced
Bill Title: An Act Concerning The Administration Of The Commission On Human Rights And Opportunities And The Resolution Of Complaints Filed With Said Commission.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-25 - File Number 706 [HB07303 Detail]
Download: Connecticut-2017-HB07303-Introduced.html
General Assembly |
Raised Bill No. 7303 | ||
January Session, 2017 |
LCO No. 5687 | ||
*05687_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING THE ADMINISTRATION OF THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES AND THE RESOLUTION OF COMPLAINTS FILED WITH SAID COMMISSION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
The commission shall have the following powers and duties:
(1) To establish and maintain such offices as the commission may deem necessary;
(2) To organize the commission into a division of affirmative action monitoring and contract compliance, a division of discriminatory practice complaints and such other divisions, bureaus or units as may be necessary for the efficient conduct of business of the commission;
(3) To employ legal staff and commission legal counsel as necessary to perform the duties and responsibilities under section 46a-55, as amended by this act. One commission legal counsel shall serve as supervising attorney. Each commission legal counsel shall be admitted to practice law in this state;
(4) To appoint such investigators and other employees and agents as it deems necessary, fix their compensation within the limitations provided by law and prescribe their duties;
(5) To adopt [,] and publish [, amend and rescind] regulations consistent with and to effectuate the provisions of this chapter;
(6) To establish rules of practice to govern, expedite and effectuate the procedures set forth in this chapter;
(7) To recommend policies and make recommendations to agencies and officers of the state and local subdivisions of government to effectuate the policies of this chapter;
(8) To receive, initiate as provided in section 46a-82, investigate and mediate discriminatory practice complaints;
(9) By itself or with or by hearing officers or human rights referees, to hold hearings, subpoena witnesses and compel their attendance, administer oaths, take the testimony of any person under oath and require the production for examination of any books and papers relating to any matter under investigation or in question;
[(10) To make rules as to the procedure for the issuance of subpoenas by individual commissioners, hearing officers and human rights referees;]
[(11)] (10) To require written answers to interrogatories under oath relating to any complaint under investigation pursuant to this chapter alleging any discriminatory practice as defined in subdivision (8) of section 46a-51; [, and to adopt regulations, in accordance with the provisions of chapter 54, for the procedure for the issuance of interrogatories and compliance with interrogatory requests;]
[(12)] (11) To utilize such voluntary and uncompensated services of private individuals, agencies and organizations as may from time to time be offered and needed and with the cooperation of such agencies, (A) to study the problems of discrimination in all or specific fields of human relationships, and (B) to foster through education and community effort or otherwise good will among the groups and elements of the population of the state;
[(13)] (12) To require the posting by an employer, employment agency or labor organization of such notices regarding statutory provisions as the commission shall provide;
[(14)] (13) To require the posting, by any respondent or other person subject to the requirements of section 46a-64, 46a-64c, 46a-81d or 46a-81e, of such notices of statutory provisions as it deems desirable;
[(15)] (14) (A) To require an employer having three or more employees to post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment; and (B) to require an employer having fifty or more employees to provide two hours of training and education to all supervisory employees within one year of October 1, 1992, and to all new supervisory employees within six months of their assumption of a supervisory position, provided any employer who has provided such training and education to any such employees after October 1, 1991, shall not be required to provide such training and education a second time. Such training and education shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. As used in this subdivision, "sexual harassment" has the same meaning as provided in subdivision (8) of subsection (a) of section 46a-60, and "employer" includes the General Assembly;
[(16)] (15) To require each state agency that employs one or more employees to (A) provide a minimum of three hours of diversity training and education (i) to all supervisory and nonsupervisory employees, not later than July 1, 2002, with priority for such training to supervisory employees, and (ii) to all newly hired supervisory and nonsupervisory employees, not later than six months after their assumption of a position with a state agency, with priority for such training to supervisory employees. Such training and education shall include information concerning the federal and state statutory provisions concerning discrimination and hate crimes directed at protected classes and remedies available to victims of discrimination and hate crimes, standards for working with and serving persons from diverse populations and strategies for addressing differences that may arise from diverse work environments; and (B) submit an annual report to the Commission on Human Rights and Opportunities concerning the status of the diversity training and education required under subparagraph (A) of this subdivision. The information in such annual reports shall be reviewed by the commission for the purpose of submitting an annual summary report to the General Assembly. Notwithstanding the provisions of this section, if a state agency has provided such diversity training and education to any of its employees prior to October 1, 1999, such state agency shall not be required to provide such training and education a second time to such employees. The requirements of this subdivision shall be accomplished within available appropriations. As used in this subdivision, "employee" shall include any part-time employee who works more than twenty hours per week;
[(17)] (16) To require each agency to submit information demonstrating its compliance with subdivision (16) of this section as part of its affirmative action plan and to receive and investigate complaints concerning the failure of a state agency to comply with the requirements of subdivision (16) of this section; and
[(18)] (17) To enter into contracts for and accept grants of [private or] federal funds and to accept [gifts, donations or bequests, including] donations of service by attorneys.
Sec. 2. Section 46a-55 of the general statutes is amended by adding subsections (c) and (d) as follows (Effective October 1, 2017):
(NEW) (c) The executive director, through the supervising attorney, may assign a commission legal counsel to represent the interests of the state in any suit or other proceeding in which civil or human rights are at issue. Commission legal counsel may intervene as a matter of right in any such suit or proceeding without permission of the parties, the presiding officer or the court.
(NEW) (d) The executive director, through the supervising attorney, may, within available appropriations, assign a commission legal counsel to bring a civil action, in accordance with this subsection, in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act, when the executive director determines that a civil action is in the public interest. The commission legal counsel shall bring a civil action in the Superior Court not later than ninety days following the date the commission legal counsel notifies the parties of the executive director's determination. Such civil action may be served by certified mail and is not subject to the provisions of section 46a-100, 46a-101 or 46a-102. The jurisdiction of the Superior Court in an action brought under this subsection shall be limited to such claims, counterclaims, defenses or the like that could be presented at an administrative hearing before the commission, had the complaint remained with the commission for disposition. A complainant may intervene as a matter of right without permission of the court or the parties. The civil action shall be tried to the court without a jury. If the commission legal counsel determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint. The court may grant any relief available under section 46a-104, as amended by this act. Where the Superior Court finds that a respondent has committed a discriminatory practice, the court shall grant the commission its fees and costs and award the commission a civil penalty, not exceeding ten thousand dollars, which shall be payable to the commission and used by the commission to advance the public interest in eliminating discrimination.
Sec. 3. Section 46a-68c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
In addition to the provisions of section 4a-60, each contractor with fifty or more employees awarded a public works contract, municipal public works contract or contract for a quasi-public agency project in excess of fifty thousand dollars in any fiscal year, but not subject to the provisions of section 46a-68d, shall develop and file with the Commission on Human Rights and Opportunities an affirmative action plan which shall comply with regulations adopted by the commission. Failure to develop an approved affirmative action plan pursuant to this section shall act as a bar to bidding on or the award of future contracts until such requirement has been met. The executive director or the executive director's designee shall review and formally approve, conditionally approve or disapprove the content of the affirmative action plan not later than ninety days following the date of the submission of the plan to the commission. If the executive director or the executive director's designee fails to approve, conditionally approve or disapprove a plan within such ninety-day period, the plan shall be deemed to be approved. When the [commission] executive director or the executive director's designee approves an affirmative action plan pursuant to this section, [it] the executive director or the executive director's designee shall issue a certificate of compliance to the contractor. [This] Such certificate shall be prima facie proof of the contractor's eligibility to bid or be awarded contracts for a period of two years from the date of the certificate. Such certificate shall not excuse the contractor from monitoring by the commission or from the reporting and record-keeping requirements of sections 46a-68e and 46a-68f. The [commission] executive director or the executive director's designee may revoke the certificate of a contractor if the contractor does not implement its affirmative action plan in compliance with this section and sections 4a-60, 4a-60g, 4a-62, 46a-56, 46a-68b, 46a-68d, and 46a-68e to 46a-68k, inclusive.
Sec. 4. (NEW) (Effective July 1, 2017) (a) Notwithstanding any provision of the general statutes, the appropriations recommended for the Commission on Human Rights and Opportunities shall be the estimates of expenditure requirements transmitted to the Secretary of the Office of Policy and Management by the executive director of the commission and the recommended adjustments and revisions of such estimates shall be the recommended adjustments and revisions, if any, transmitted by said executive director to the Office of Policy and Management.
(b) Notwithstanding any provision of the general statutes, the Governor shall not reduce allotment requisitions or allotments in force concerning the Commission on Human Rights and Opportunities.
Sec. 5. Section 46a-83 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Not later than fifteen days after the date of filing of any discriminatory practice complaint pursuant to subsection (a) or (b) of section 46a-82, or an amendment to such complaint adding an additional respondent, the commission shall serve the respondent as provided in section 46a-86a with the complaint and a notice advising of the procedural rights and obligations of a respondent under this chapter. The respondent shall either (1) file a written answer to the complaint as provided in subsection (b) of this section, or (2) not later than ten days after the date of receipt of the complaint, provide written notice to the complainant and the commission that the respondent has elected to participate in pre-answer conciliation, except that a discriminatory practice complaint alleging a violation of section 46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A complaint sent by first class mail shall be considered to be received not later than two days after the date of mailing, unless the respondent proves otherwise. The commission shall conduct a pre-answer conciliation conference not later than thirty days after the date of receiving the respondent's request for pre-answer conciliation.
(b) Except as provided in this subsection, not later than thirty days after the date (1) of receipt of the complaint, or (2) on which the commission determines that the pre-answer conciliation conference was unsuccessful, the respondent shall file a written answer to the complaint [, under oath,] with the commission. The respondent may request, and the commission may grant, one extension of time of not more than fifteen days within which to file a written answer to the complaint. An answer to any amendment to a complaint shall be filed within twenty days of the date of receipt to such amendment. The answer to any complaint alleging a violation of section 46a-64c or 46a-81e shall be filed not later than [ten] twenty days after the date of receipt of the complaint.
(c) Not later than sixty days after the date of the filing of the respondent's answer, the executive director or the executive director's designee shall conduct a case assessment review to determine whether the complaint should be retained for further processing or dismissed because (1) it fails to state a claim for relief or is frivolous on its face, (2) the respondent is exempt from the provisions of this chapter, or (3) there is no reasonable possibility that investigating the complaint will result in a finding of reasonable cause. The case assessment review shall include the complaint, the respondent's answer and the responses to the commission's requests for information, if any, and the complainant's comments, if any, to the respondent's answer and information responses. The executive director or the executive director's designee shall send notice of any action taken pursuant to the case assessment review in accordance with section 46a-86a. For any complaint dismissed pursuant to this subsection, the executive director or the executive director's designee shall issue a release of jurisdiction allowing the complainant to bring a civil action under section 46a-100. This subsection and subsection (e) of this section shall not apply to any complaint alleging a violation of section 46a-64c or 46a-81e. The executive director shall report the results of the case assessment reviews made pursuant to this subsection to the commission quarterly during each year.
(d) Not later than sixty days after the date of sending notice that a complaint has been retained after a case assessment review, the [executive director or the executive director's designee shall assign an investigator or commission legal counsel to hold] parties shall attend a mandatory mediation conference that shall be conducted by an independent mediator, who is not an employee of the commission, and in conformity with the American Bar Association's Model Standard of Conduct for Mediators. The complainant and the commission shall equally be responsible for the fees charged by the mediator conducting the mandatory mediation conference. A mediation conference may but need not be held if the commission has held a pre-answer conciliation conference. [The investigator or commission legal counsel assigned to conduct the mediation shall not be assigned to investigate the complaint.] The mandatory mediation conference may not be scheduled for the same time as a fact-finding conference held pursuant to subsection (f) of this section. The mediator may hold additional mediation conferences to accommodate settlement discussions.
(e) If the complaint is not resolved after the mandatory mediation conference, the complainant, the respondent or the commission may at any time after such conference request early legal intervention. If a request for early legal intervention is made, a commission legal counsel shall determine not later than ninety days after the date of the request whether the complaint should be (1) heard pursuant to section 46a-84, as amended by this act, (2) processed pursuant to subsection (f) of this section, or (3) released from the jurisdiction of the commission. In making such determination, commission legal counsel may hold additional proceedings and may utilize and direct commission staff. If a commission legal counsel determines that the complaint should be processed pursuant to subsection (f) of this section, the commission legal counsel may recommend that the investigator make a finding of no reasonable cause. The investigator shall make such a finding unless the investigator believes the commission legal counsel made a mistake of fact. If the investigator intends to make a finding of reasonable cause after the commission legal counsel recommends otherwise, the investigator shall consult with the commission legal counsel.
(f) Not later than fifteen days after the date of (1) a mandatory mediation conference that fails to resolve a complaint, or (2) an early legal intervention decision to investigate a complaint, the executive director or the executive director's designee shall assign an investigator to process the complaint. The investigator may process the complaint by any lawful means of finding facts, including, but not limited to, a fact-finding conference, individual witness interviews, requests for voluntary disclosure of information, subpoenas of witnesses or documents, [requests for admission of facts, interrogatories,] site visits or any combination of these means for the purpose of determining whether there is reasonable cause for believing that a discriminatory practice has been or is being committed as alleged in the complaint. The complainant may have his or her witnesses in attendance when the respondent, and any of the respondent's witnesses, are questioned at a fact-finding conference and the respondent shall be permitted to have his or her witnesses in attendance when the complainant, and any of the complainant's witnesses, are questioned at a fact-finding conference. As used in this section and section 46a-84, as amended by this act, "reasonable cause" means a bona fide belief that the material issues of fact are such that a person of ordinary caution, prudence and judgment could believe the facts alleged in the complaint.
(g) (1) Before issuing a finding of reasonable cause or no reasonable cause, the investigator shall afford each party and each party's representative an opportunity to provide written or oral comments on all evidence in the commission's file, except as otherwise provided by federal law or the general statutes. The investigator shall consider such comments before making a finding. The investigator shall make a finding of reasonable cause or no reasonable cause in writing and shall list the factual findings on which it is based not later than one hundred ninety days from the date of the case assessment review, except that for good cause shown, the executive director or the executive director's designee may grant no more than two extensions of the investigation of three months each.
(2) If the investigator makes a finding that there is reasonable cause to believe that a violation of section 46a-64c has occurred, the complainant and the respondent shall have twenty days from sending of the reasonable cause finding to elect a civil action in lieu of an administrative hearing pursuant to section 46a-84, as amended by this act. If either the complainant or the respondent requests a civil action, the commission, through the Attorney General or a commission legal counsel, shall commence an action pursuant to subsection (b) of section 46a-89, not later than ninety days after the date of receipt of the notice of election. If the Attorney General or a commission legal counsel believes that injunctive relief, punitive damages or a civil penalty would be appropriate, such relief, damages or penalty may also be sought. The jurisdiction of the Superior Court in an action brought under this subdivision shall be limited to such claims, counterclaims, defenses or the like that could be presented at an administrative hearing before the commission, had the complaint remained with the commission for disposition. A complainant may intervene as a matter of right in a civil action without permission of the court or the parties. If the Attorney General or commission legal counsel, as the case may be, determines that the interests of the state will not be adversely affected, the complainant or attorney for the complainant shall present all or part of the case in support of the complaint. If the Attorney General or a commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause, the Attorney General or a commission legal counsel may decline to bring a civil action and shall remand the file to the investigator for further action. The investigator shall complete any such action not later than ninety days after receipt of such file.
(h) If the investigator issues a finding of no reasonable cause or if the complaint is dismissed pursuant to subsection (m) of this section, the complainant may file a written request for reconsideration with the executive director or the executive director's designee, not later than fifteen days [from the] after the date of sending of such finding or dismissal. A request for reconsideration shall state specifically the reasons why reconsideration should be granted. A commission legal counsel shall grant or reject reconsideration not later than ninety days after the date of the sending of such finding or dismissal. A commission legal counsel shall conduct such additional proceedings as may be necessary to render a decision on the request.
(i) After finding that there is reasonable cause to believe that a discriminatory practice has been or is being committed as alleged in the complaint, an investigator shall attempt to eliminate the practice complained of by conference, conciliation and persuasion not later than fifty days after the date of the finding. The refusal to accept a settlement shall not be grounds for dismissal of any complaint. The respondent may file a written request for reconsideration with the executive director or the executive director's designee, not later than fifteen days after the date of sending the finding that reasonable cause exists to believe that a discriminatory practice has been or is being committed as alleged in the complaint. A request for reconsideration shall specifically state the reasons why reconsideration should be granted. A commission legal counsel shall grant or reject a request for reconsideration not later than ninety days after the date of sending such finding. A commission legal counsel shall conduct such additional proceedings as may be necessary to render a decision on the request for reconsideration.
(j) No commissioner or employee of the commission may disclose, except to the parties or their representatives, what has occurred in the course of the commission's processing of a complaint, provided the commission may publish the facts in the case and any complaint that has been dismissed and the terms of conciliation when a complaint has been adjusted. Each party and his or her representative shall have the right to inspect and copy documents, statements of witnesses and other evidence pertaining to the complaint, except as otherwise provided by federal law or the general statutes.
(k) In the investigation of any complaint filed pursuant to this chapter, commission legal counsel may issue subpoenas requiring the production of records and other documents or compelling the attendance of witnesses.
(l) The executive director or the executive director's designee may enter an order of default against a respondent who (1) after notice, fails to answer a complaint in accordance with subsection (a) of this section or within such extension of time as may have been granted; [(2) fails to answer interrogatories issued pursuant to subdivision (11) of section 46a-54 or fails to respond to a subpoena issued pursuant to subsection (k) of this section or subdivision (9) of section 46a-54, provided the executive director or the executive director's designee shall consider any timely filed objection; (3)] (2) after notice and without good cause, fails to attend a fact-finding conference; or [(4)] (3) after notice and without good cause, fails to attend a mandatory mediation conference. The respondent may make application to the executive director to vacate the default. Upon entry of an order of default or upon the decision of the executive director not to vacate the default, the executive director or the executive director's designee shall appoint a presiding officer to enter, after notice and hearing, an order eliminating the discriminatory practice complained of and making the complainant whole. The commission or the complainant may petition the Superior Court for enforcement of any order for relief pursuant to section 46a-95.
(m) The executive director or the executive director's designee may enter an order of dismissal against a complainant who (1) after notice and without good cause, fails to attend a fact-finding conference; (2) after notice and without good cause, fails to attend a mandatory mediation conference; or (3) refuses to accept an offer of settlement where the respondent has eliminated the discriminatory practice complained of, taken steps to prevent a like occurrence in the future and offered full relief to the complainant.
Sec. 6. Section 46a-83a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
If a complaint is dismissed for failure to accept full relief pursuant to subsection (m) of section 46a-83, as amended by this act, and the complainant does not request reconsideration of such dismissal as provided in subsection (h) of section 46a-83, as amended by this act, the executive director shall issue a release of jurisdiction and the complainant may, within [ninety] thirty days of receipt of the release from the commission, bring an action in accordance with sections 46a-100 and 46a-102 to 46a-104, inclusive, as amended by this act.
Sec. 7. Section 46a-84 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) If the investigator fails to eliminate a discriminatory practice complained of pursuant to subsection (a) or (b) of section 46a-82 within fifty days of a finding of reasonable cause, the investigator shall, within ten days, certify the complaint and the results of the investigation to the executive director of the commission and to the Attorney General. The investigator's conclusion that conciliation has failed shall be conclusive on the issue.
(b) [Upon] Except as provided in subsection (j) of this section, (1) certification of a complaint filed pursuant to subsection (a) or (b) of section 46a-82, (2) the filing of a complaint pursuant to subsection (c) of said section, or (3) a decision to hear a complaint, which is made pursuant to subsection (e) of section 46a-83, as amended by this act, the Chief Human Rights Referee shall appoint a human rights referee to act as a presiding officer to hear the complaint. The chief referee shall also appoint an individual authorized by subsection (e) of this section or a referee, other than the referee appointed to hear the complaint, to conduct settlement negotiations. The chief referee shall serve in the name of the commission a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint, together with a written notice requiring the respondent to appear at a hearing or settlement conference at a date and time specified in the notice. A hearing on a complaint filed pursuant to subsection (a) or (b) of section 46a-82 shall be commenced by convening a hearing conference not later than forty-five days after the certification of the complaint. Such hearing shall be a de novo hearing on the merits of the complaint and not an appeal of the commission's processing of the complaint prior to its certification. A hearing on a complaint filed pursuant to subsection (c) of section 46a-82 shall be commenced by convening a hearing conference not later than [twenty] thirty days after the date of notice of such complaint. [Hearings shall proceed with reasonable dispatch and be concluded in accordance with the provisions of section 4-180.]
(c) The place of any hearing, hearing conference or settlement conference shall be the commission's administrative office in Hartford, unless all parties mutually agree to an alternate location.
(d) The case in support of the complaint shall be presented at the hearing by the Attorney General, who shall be counsel for the commission, or by a commission legal counsel as provided in section 46a-55. If the Attorney General or the commission legal counsel determines that a material mistake of law or fact has been made in the finding of reasonable cause on a complaint filed pursuant to subsection (a) or (b) of section 46a-82, or the commission legal counsel determines that a complaint to be heard pursuant to subsection (e) of section 46a-83, as amended by this act, should be further investigated, the Attorney General or the commission legal counsel may withdraw the certification of the complaint or the decision to hear the complaint and remand the file to the investigator for further action. The investigator shall complete any required action not later than ninety days after receipt of such file. The complainant may be represented by an attorney of the complainant's own choice. If the Attorney General or the commission legal counsel determines that the interests of the state will not be adversely affected, the complainant or the attorney for the complainant shall present all or part of the case in support of the complaint. No commissioner may participate in the deliberations of the presiding officer in the case.
(e) A human rights referee or attorney who volunteers service pursuant to subdivision [(18)] (17) of section 46a-54, as amended by this act, may supervise settlement endeavors. [In employment discrimination cases only, the] The complainant and respondent, with the permission of the chief referee, may engage in alternate dispute resolution endeavors for not more than three months. The cost of such alternate dispute resolution endeavors shall be borne by the complainant or the respondent, or both, and not by the commission. Any endeavors or negotiations for conciliation, settlement or alternate dispute resolution shall not be received in evidence.
(f) The respondent shall file a written answer to the complaint under oath and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. If the respondent fails to file a written answer not later than [fifteen] twenty days after the date of service of the complaint, or fails to appear at the hearing, hearing conference or settlement conference after notice in accordance with section 4-177, the presiding officer or a referee or an attorney who volunteers services pursuant to subsection (e) of this section may enter an order of default and order such relief as is necessary to eliminate the discriminatory practice and make the complainant whole, except that if the default was entered by an attorney who volunteers services pursuant to subsection (e) of this section, the chief referee shall appoint a referee to act as a presiding officer to award relief. The commission or the complainant may petition the Superior Court for enforcement of any such order for relief pursuant to section 46a-95.
(g) The presiding officer conducting any hearing shall permit reasonable amendment to any complaint or answer and the testimony taken at the hearing shall be under oath and be transcribed at the request of any party.
(h) Each party shall be afforded the opportunity to inspect and copy relevant and material records, papers and documents not in the possession of the party, except as otherwise provided by applicable state or federal law. The presiding officer may order a party to produce such records, papers and documents, and if a party fails to comply with such order within thirty days of the date of such order, the presiding officer may issue a nonmonetary order deemed just and appropriate, including, but not limited to, an order (1) finding that the matters that are the subject of the order are established in accordance with the claim of the party requesting such order, (2) prohibiting the party who has failed to comply with such order from introducing designated matters into evidence, (3) limiting the participation of the noncomplying party with regard to issues or facts relating to the order, and (4) drawing an adverse inference against the noncomplying party.
(i) Hearings shall proceed with all reasonable speed and be concluded in accordance with the provisions of this subsection and section 4-180. The presiding officer shall issue a final decision not later than eighteen months after the date (1) the complaint is certified pursuant to subsection (a) of this section, or (2) the decision is made pursuant to subsection (e) of section 46a-83, as amended by this act, to hear the complaint, as applicable. The commission, the complainant or the respondent may apply to the superior court for the judicial district of Hartford for an order requiring the presiding officer to comply with the provisions of this subsection and section 4-180. The court, after hearing, shall issue an appropriate order. Not later than January 1, 2018, and annually thereafter, the Chief Human Rights Referee shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on: (A) The number of final decisions in the previous fiscal year that exceeded the time frame and the reasons for the failure to comply; and (B) the number of complaints pending final decision in the previous fiscal year that have exceeded the time frame and the reasons for the failure to comply.
(j) The Chief Court Administrator shall designate judge trial referees who shall be available to the Commission on Human Rights and Opportunities to act as presiding officers at any hearing or proceeding of the commission conducted pursuant to this section, subsection (l) of section 46a-83, as amended by this act, or subsection (c) or (d) of section 46a-56. Any judge trial referee so designated and presiding shall have the same powers and duties as a human rights referee appointed pursuant to section 46a-57. Any judge trial referee so designated and presiding shall be compensated in accordance with the provisions of section 52-434 from such funds as may be available to the commission. A judge trial referee may also hear complaints filed under subsection (e) of section 4-61dd. Whenever the total number of complaints at public hearings that have not been resolved by final decision pursuant to section 46a-86, as amended by this act, exceeds one hundred, or subsection (e) of section 4-61dd exceeds one hundred, the executive director of the commission, within available appropriations, may appoint a judge trial referee designated by the Chief Court Administrator to preside at a settlement conference or to hear and issue a final decision on a complaint. The executive director shall make the appointment of a judge trial referee not later than fifteen days following the date of (1) the certification of the complaint, or (2) the decision made pursuant to subsection (e) of section 46a-83, as amended by this act, to hear the complaint, as applicable. In lieu of appointing a judge trial referee to conduct a settlement conference, the executive director may appoint an individual authorized by subsection (e) of this section to conduct settlement negotiations. If the executive director fails to appoint a judge trial referee to preside at a settlement conference or an individual authorized by subsection (e) of this subsection to conduct settlement negotiations, the chief human rights referee, as provided in subsection (b) of this section, shall appoint a human rights referee to hear the complaint, or a human rights referee or an individual authorized by subsection (e) of this section to conduct a settlement conference.
Sec. 8. Subsection (f) of section 46a-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(f) If, upon all the evidence and after a complete hearing, the presiding officer finds that the respondent has not engaged in any alleged discriminatory practice, the presiding officer shall make written findings of fact and shall file with the commission and serve on the complainant and respondent an order dismissing the complaint. Upon a finding that the respondent has not engaged in the alleged discriminatory practice prohibited by section 46a-58, 46a-59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-81e, the presiding officer shall determine the amount of damages suffered by the respondent, which damages shall include, but not be limited to, actual damages incurred by the respondent for any order issued under subdivision (2) or (3) of subsection (b) of section 46a-89, reasonable attorney's fees and costs. The amount of attorney's fees awarded shall not be contingent upon the amount of damages requested by or awarded to the respondent.
Sec. 9. Section 46a-94a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) The commission, any respondent or any complainant, aggrieved by a final order of a presiding officer, may appeal to the Superior Court in accordance with section 4-183. Any complainant may appeal to the Superior Court in accordance with section 4-183 if the complainant is aggrieved by (1) the dismissal of his or her complaint by the commission for failure to attend a mandatory mediation session as provided in subsection (m) of section 46a-83, as amended by this act, (2) a finding of no reasonable cause as provided in subsection (g) of section 46a-83, as amended by this act, or (3) rejection of reconsideration as provided in subsection (h) of section 46a-83, as amended by this act.
(b) Notwithstanding the provisions of subsection (a) of this section, a complainant may not appeal the dismissal of his or her complaint if he or she has been granted a release pursuant to section 46a-101.
(c) [The commission on its own motion may, whenever justice so requires,] Upon a motion by the commission or upon a letter of request by the complainant or respondent to the commission, the commission may reopen any matter previously closed, provided such matter has not been appealed to the Superior Court pursuant to subsection (a) of this section. Notice of such reopening shall be given to all parties. [A complainant or respondent may, for good cause shown, in the interest of justice, apply in writing for the reopening of a previously closed proceeding, provided such application is filed with the executive director of the commission within two years of the commission's final decision and the complainant has (1) not been issued a release of jurisdiction pursuant to section 46a-83a and filed a civil action, or (2) requested and received a release of jurisdiction from the commission pursuant to section 46a-101.]
(d) The standards for reopening a matter may include, but are not limited to: (1) A material mistake of fact or law has occurred; (2) the finding is arbitrary or capricious; (3) the finding is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; [and] (4) new evidence has been discovered which materially affects the merits of the case and which, for good reasons, was not presented during the investigation; and (5) fraud, misrepresentation or other misconduct by an adverse party. A motion or letter requesting that a matter be reopened for any of the reasons set forth in subdivisions (1) to (4), inclusive, of this subsection shall be filed not more than one year after the date on which the commission's final decision was entered.
Sec. 10. Section 46a-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
[The court may grant a complainant in] In an action brought in accordance with section 46a-100, the court may grant (1) a complainant such legal and equitable relief which it deems appropriate including, but not limited to, temporary or permanent injunctive relief, attorney's fees and court costs; (2) a respondent such legal and equitable relief which it deems appropriate, including, attorney's fees and court costs; or (3) relief under subdivisions (1) and (2) of this section. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.
Sec. 11. Subsection (a) of section 46a-88 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Upon failure of any person to answer interrogatories issued pursuant to subsection [(11)] (10) of section 46a-54, as amended by this act, the commission may file a petition with the interrogatories attached with the Superior Court of the judicial district in which the violation is alleged to have occurred or where such person resides or transacts business, requesting the court to order that an answer be filed.
Sec. 12. Section 46a-97 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(a) Any employer, employment agency or labor organization which fails to post such notices of statutory provisions as the commission may require pursuant to subsection [(13)] (12) of section 46a-54, as amended by this act, shall be subject to a fine of not more than two hundred fifty dollars.
(b) Any person who fails to post such notices of statutory provisions as the commission may require pursuant to subsection [(14)] (13) of section 46a-54, as amended by this act, shall be fined not more than two hundred fifty dollars.
Sec. 13. Subsection (b) of section 51-164n of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):
(b) Notwithstanding any provision of the general statutes, any person who is alleged to have committed (1) a violation under the provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 14-50a or 14-58, subsection (b) of section 14-66, section 14-66a, 14-66b or 14-67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-153 or 14-163b, a first violation as specified in subsection (f) of section 14-164i, section 14-219 as specified in subsection (e) of said section, subdivision (1) of section 14-223a, section 14-240, 14-249, 14-250 or 14-253a, subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section 14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-33, subdivision (1) of section 15-97, subsection (a) of section 15-115, section 16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17a-642, 17b-124, 17b-131, 17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 20-249, 20-257, 20-265, 20-324e, 20-341l, 20-366, 20-597, 20-608, 20-610, 21-1, 21-30, 21-38, 21-39, 21-43, 21-47, 21-48, 21-63 or 21-76a, subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection (b) of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of subsection (a) of section 21a-159, subsection (a) of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 22-39e, 22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-320h, 22-324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-256h, section 22a-363 or 22a-381d, subsections (c) and (d) of section 22a-381e, section 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, subsection (a) or subdivision (1) of subsection (c) of section 23-65, section 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 25-135, 26-16, 26-18, 26-19, 26-21, 26-31, 26-31c, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-55, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-61, section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 26-131, 26-132, 26-138 or 26-141, subdivision (2) of subsection (j) of section 26-142a, subdivision (1) of subsection (b) of section 26-157b, subdivision (1) of section 26-186, section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of section 26-226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 29-143z or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-161y or 29-161z, subdivision (1) of section 29-198, section 29-210, 29-243 or 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 31-51, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection (i) of section 31-273, section 31-288, subdivision (1) of section 35-20, section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, subdivision [(13) or (14)] (12) or (13) of section 46a-54, as amended by this act, section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-331 or 53-344, subsection (c) of section 53-344b, or section 53-450, or (2) a violation under the provisions of chapter 268, or (3) a violation of any regulation adopted in accordance with the provisions of section 12-484, 12-487 or 13b-410, or (4) a violation of any ordinance, regulation or bylaw of any town, city or borough, except violations of building codes and the health code, for which the penalty exceeds ninety dollars but does not exceed two hundred fifty dollars, unless such town, city or borough has established a payment and hearing procedure for such violation pursuant to section 7-152c, shall follow the procedures set forth in this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2017 |
46a-54 |
Sec. 2 |
October 1, 2017 |
46a-55 |
Sec. 3 |
October 1, 2017 |
46a-68c |
Sec. 4 |
July 1, 2017 |
New section |
Sec. 5 |
October 1, 2017 |
46a-83 |
Sec. 6 |
October 1, 2017 |
46a-83a |
Sec. 7 |
October 1, 2017 |
46a-84 |
Sec. 8 |
October 1, 2017 |
46a-86(f) |
Sec. 9 |
October 1, 2017 |
46a-94a |
Sec. 10 |
October 1, 2017 |
46a-104 |
Sec. 11 |
October 1, 2017 |
46a-88(a) |
Sec. 12 |
October 1, 2017 |
46a-97 |
Sec. 13 |
October 1, 2017 |
51-164n(b) |
Statement of Purpose:
To make various revisions relating to the administration of the Commission on Human Rights and Opportunities to the processes utilized by said Commission when handling complaints that allege the commission of a discriminatory practice.
[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.]