Connecticut General Statutes/Title 46a/Chapter 814c/Section 46a-100

CGS § 46a-100. Discriminatory practice: Cause of action upon release from commission.

Any person who has filed a complaint with the commission in accordance with section 46a-82 and who has obtained a release of jurisdiction in accordance with section 46a-83a or 46a-101, may bring an action in the superior court for the judicial district in which the discriminatory practice is alleged to have occurred, the judicial district in which the respondent transacts business or the judicial district in which the complainant resides, except any action involving a state agency or official may be brought in the superior court for the judicial district of Hartford.

Short History

(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-331, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-245, S. 6, 14; June Sp. Sess. P.A. 15-5, S. 84.)

Long History

History: (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in the general statutes and in the public and special acts of the 1991 session of the general assembly, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-245 deleted phrase “alleging a violation of section 46a-60” and added reference to Sec. 46a-83a, 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; June Sp. Sess. P.A. 15-5 substituted “filed a complaint with the commission” for “timely filed a complaint with the Commission on Human Rights and Opportunities”, substituted “release of jurisdiction” for “release from the commission”, added provision re action being brought in the judicial district in which complainant resides and made technical changes.

Citations

Section represents an unambiguous waiver of sovereign immunity, authorizing actions against the state for alleged discriminatory employment practices in violation of Sec. 46a-60. 291 C. 384.

Cited. 44 CA 446. The provisions of section do not constitute a waiver of the state's immunity. 104 CA 547; judgment reversed, see 291 C. 384. Waiver of sovereign immunity under section does not extend to claims based on corresponding federal statute relating to age discrimination, namely the Age Discrimination in Employment Act of 1967. 153 CA 146.

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