§ 46a-86 — Complaint: Determination; orders; dismissal. Treatment of discrimination awards.

Connecticut § 46a-86

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

Text

(a) If, upon all the evidence presented at the hearing conducted pursuant to section 46a-84, the presiding officer finds that a respondent has engaged in any discriminatory practice, the presiding officer shall make written findings of fact and file with the commission and serve on the complainant and respondent an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as is necessary to achieve the purpose of this chapter. (b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer shall (1) issue an order to eliminate the discriminatory employment practice complained of and to make the complainant whole, including restoration to membership in any respondent labor organization, and (2) may (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory employment practice, and (B) allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency. Not later than October 1, 2020, and annually thereafter, the executive director of the commission shall 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 the commission's award of reasonable attorney's fees and costs under this section. Such report shall include, but not be limited to: (i) The awards of reasonable attorney's fees and a comparison of such awards to awards of damages; (ii) the category of complaint for which damages and attorney's fees are awarded; (iii) the commission's methodology for calculating awards of reasonable attorney's fees and costs, if such methodology may be ascertained; (iv) data on the number of employees employed by respondents who were subject to awards of reasonable attorney's fees and costs; and (v) the percentage of complainants and respondents represented by counsel in matters in which awards of reasonable attorney's fees and costs are made. (c) In addition to any other action taken under this section, upon a finding of a 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 damage suffered by the complainant, which damage shall include, but not be limited to, the expense incurred by the complainant for obtaining alternate housing or space, storage of goods and effects, moving costs and other costs actually incurred by the complainant as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant. (d) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-66 or 46a-81f , the presiding officer shall file with the commission and serve on the respondent an order requiring the respondent to pay the complainant the damages resulting from the discriminatory practice. (e) In addition to any other action taken under this section, upon a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f , inclusive, the presiding officer shall file with the commission and serve on the respondent an order with respect to any remedial action imposed pursuant to subsection (c) or (d) of section 46a-56 . (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. (g) Any payment received by a complainant under this chapter or under any equivalent federal antidiscrimination law, either as a settlement of a claim or as an award made in a judicial or administrative proceeding, shall not be considered as income, resources or assets for the purpose of determining the eligibility of or amount of assistance to be received by such person in the month of receipt or the three months following receipt under the state supplement program, Medicaid or any other medical assistance program, temporary family assistance program, state-administered general assistance program, or the temporary assistance for needy families program. After such time period, any remaining funds shall be subject to state and federal laws governing such programs. See Sec. 17b-93 re claim of the state for repayment of aid.

Legislative History

(P.A. 80-422, S. 34; 80-449, S. 4, 6; P.A. 81-81, S. 5; P.A. 85-179; P.A. 88-317, S. 102, 107; P.A. 90-246, S. 11; P.A. 91-58, S. 30; P.A. 93-362, S. 4; P.A. 05-280, S. 45; June Sp. Sess. P.A. 05-3, S. 80; P.A. 07-142, S. 8; P.A. 11-237, S. 9; June Sp. Sess. P.A. 15-5, S. 78; P.A. 19-16, S. 7; 19-93, S. 6; P.A. 23-117, S. 9.) History: P.A. 80-449 made technical changes in Subsec. (c); P.A. 81-81 amended Subsec. (c) by adding reference to Sec. “47a-2a” which was subsequently transferred and redesignated Sec. 46a-64a; P.A. 85-179 amended Subsec. (b) by adding provision requiring the respondent to pay the amount of any deduction for interim unemployment compensation or welfare assistance to the commission for transfer to the appropriate agency; P.A. 88-317 substituted “presiding officer” for “hearing officer” throughout the section, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-246 amended Subsec. (c) by deleting reference to Sec. 46a-64a and adding reference to Sec. 46a-64c and changing provision that damage shall include attorney's fees actually incurred to allowing reasonable attorney's fees and costs; P.A. 91-58 amended Subsec. (c) to add reference to Secs. 46a-81b, 46a-81d and 46a-81e and amended Subsec. (d) to add reference to Sec. 46a-81f; P.A. 93-362 amended Subsec. (e) by adding “and after a complete hearing” after “evidence”; P.A. 05-280, S. 45, re treatment of discrimination payment awards by Department of Social Services in determining eligibility of or amount of assistance to be received by complainant under chapter was added editorially by the Revisors as Subsec. (f); June Sp. Sess. P.A. 05-3 changed effective date of P.A. 05-280, S. 45, from October 1, 2005, to July 1, 2005, effective July 1, 2005; P.A. 07-142 added new Subsec. (e) re order with respect to remedial action imposed pursuant to Sec. 46a-56(c) or (d), redesignated existing Subsecs. (e) and (f) as Subsecs. (f) and (g) and made technical changes, effective July 1, 2007; P.A. 11-237 amended Subsec. (c) by adding provision re amount of attorney's fees allowed; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by substantially revising provisions re duties of presiding officer upon finding that respondent has engaged in discriminatory practice, amended Subsec. (b) by substituting “any individual” for “employees” and making technical changes, amended Subsecs. (d) and (e) by deleting “issue and” and making technical changes, amended Subsec. (f) by adding provisions re presiding officer to make written findings of fact and to serve order dismissing complaint on complainant, and amended Subsec. (g) by making technical changes; P.A. 19-16 amended Subsec. (b) by deleting provision re ordering the hiring or reinstatement of any individual, with or without back pay, adding Subsec. (b)(1) re issuing order to eliminate discriminatory employment practice and make complainant whole and adding Subsec. (b)(2) re determining the amount of damages suffered by complainant and allowing reasonable attorney's fees and costs; P.A. 19-93 amended Subsec. (b)(2) by adding “may” re Subparas. (A) and (B) and further amended Subsec. (b) by adding provision re report on commission's award of reasonable attorney's fees and costs; P.A. 23-117 amended Subsec. (g) by deleting reference to provisions concerning an individual development account, effective June 27, 2023. Cited. 188 C. 44; 196 C. 208; 201 C. 350; 202 C. 609; 204 C. 287; 205 C. 324; 211 C. 464. Section does not authorize award of damages for emotional distress and attorney's fees for violation of Sec. 46a-60(a)(1). 232 C. 91. Cited. Id., 117; Id., 181; 236 C. 681; 237 C. 209; 238 C. 337. Cited. 3 CA 464; 4 CA 423; 5 CA 643; 15 CA 569; 44 CA 446. Subsec. (a): The state has not waived its sovereign immunity with respect to prejudgment and postjudgment interest under Subsec., either expressly or by necessary implication. 343 C. 90. Hearing officer's remedy went far beyond intent of legislature. 39 CS 528. Subsec. (b): Statute authorizes award of back pay regardless of whether reinstatement is ordered, and since primary purpose of Subsec. is to make whole an employee who has suffered economic harm as a result of workplace discrimination, award of prejudgment and postjudgment interest is also authorized. 265 C. 127. Subsec. (c): Commission had authority to vindicate African-American senior student's rights against racial discrimination in the public schools; in the event that such discrimination was found contrary to defendant's claim, jurisdiction to adjudicate claim of racial discrimination in a public school is not vested exclusively in State Board of Education pursuant to Secs. 10-4b and 10-15c; award of compensatory damages for a violation of Sec. 46a-58 authorized. 270 C. 665. The right to litigate fully the reasonableness of attorney's fees entitles opposing party to question under oath billing attorney who has submitted an affidavit in support of the requested fees in order to challenge reasonableness of those fees. 285 C. 208. The statutory scheme plainly envisions that the Commission on Human Rights and Opportunities is competent to determine whether federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, as amended, that come within the scope of Sec. 46a-58(a) have been violated and is authorized to award damages and attorney's fees for those violations. 343 C. 90.