§ 46a-101 — Release of pending complaint alleging discriminatory practice. Expedited case assessment review. Time period for bringing action after release.

Connecticut § 46a-101

• Jurisdiction: Connecticut
• Title 46a: Human Rights
• Ch. 814c: Human Rights and Opportunities

Text

(a) No action may be brought in accordance with section 46a-100 unless the complainant has received a release from the commission in accordance with the provisions of this section. (b) The complainant and the respondent, by themselves or their attorneys, may jointly request that the complainant receive a release from the commission at any time from the date of filing the complaint. The complainant or the complainant's attorney may request a release from the commission if the complaint is still pending after the expiration of one hundred eighty days from the date of its filing or after a case assessment review in accordance with subsection (c) of section 46a-83 , whichever is earlier. The executive director or the executive director's designee shall conduct an expedited case assessment review in accordance with subsection (c) of section 46a-83 if the commission receives a request for a release of jurisdiction from the complainant prior to one hundred eighty days from the date a complaint is filed. (c) The executive director of the commission shall grant a release, allowing the complainant to bring a civil action, not later than ten business days after the date of receipt of the request for the release, except that if a case is scheduled for public hearing, the executive director may decline to issue a release. The commission may defer acting on a request for a release for thirty days if the executive director of the commission, or the executive director's designee, certifies that there is reason to believe that the complaint may be resolved within that period. (d) Upon granting a release, the commission shall dismiss or otherwise administratively dispose of the discriminatory practice complaint pending with the commission without cost or penalty assessed to any party. (e) Any action brought by the complainant in accordance with section 46a-100 shall be brought not later than ninety days after the date of the receipt of the release from the commission.

Legislative History

(P.A. 91-331, S. 2; P.A. 98-245, S. 7, 14; P.A. 11-237, S. 14; June Sp. Sess. P.A. 15-5, S. 85.) History: P.A. 98-245 amended Subsec. (b) by adding provision that complainant and respondent may jointly request that the complainant receive a release at any time from date of filing the complaint until 210 days from the date of filing the complaint, effective July 1, 1998, and applicable to all cases pending with the commission or in the courts and cases filed on or after said date; P.A. 11-237 amended Subsec. (b) by making technical changes, deleting provision re expiration of 210 days from filing complaint, replacing provisions re requesting release of pending complaint after expiration of 210 days with provisions allowing such request by earlier of 180 days of its filing or after merit assessment review, and adding provision re expedited merit assessment review; June Sp. Sess. P.A. 15-5 amended Subsec. (b) by substituting “case assessment” for “merit assessment”, replacing reference to Sec. 46a-83(b) with reference to Sec. 46a-83(c) and deleting reference to “the complainant's attorney”, and amended Subsecs. (c) and (e) by making technical changes (Revisor's note: In Subsec. (b), an additional reference to Sec. 46a-83(b) was replaced editorially by the Revisors with reference to Sec. 46a-83(c) for accuracy, in accordance with Sec. 2-56f). Cited. 231 C. 328; 236 C. 681. Cited. 44 CA 446. Subsec. (e): Ninety-day time limitation for commencing action in Superior Court is mandatory, subject to waiver and equitable tolling, and not subject matter jurisdictional. 213 CA 128.