Connecticut General Statutes/Title 46a/Chapter 814c/Section 46a-82

CGS § 46a-82. (Formerly Sec. 31-127). Complaint: Filing.

(a) Any person claiming to be aggrieved by an alleged discriminatory practice, except for an alleged violation of section 4a-60g or 46a-68 or the provisions of sections 46a-68c to 46a-68f, inclusive, may, by himself or herself or by such person's attorney, file with the commission a complaint in writing under oath, except that a complaint that alleges a violation of section 46a-64c need not be notarized. The complaint shall state the name and address of the person alleged to have committed the discriminatory practice, provide a short and plain statement of the allegations upon which the claim is based and contain such other information as may be required by the commission. The commission whenever it has reason to believe that a person who is named as party to a discriminatory practice complaint has engaged or is engaged in conduct that constitutes a violation of part VI, of chapter 952, may refer such matter to the Office of the Chief State's Attorney and said office shall conduct a further investigation as deemed necessary. After the filing of a complaint, the commission shall provide the complainant with a notice that: (1) Acknowledges receipt of the complaint; and (2) advises of the time frames and choice of forums available under this chapter.

(b) The commission, whenever it has reason to believe that any person has been engaged or is engaged in a discriminatory practice, may issue a complaint, except for a violation of subsection (a) of section 46a-80.

(c) The commission, whenever it has reason to believe that any contractor or subcontractor is not complying with antidiscrimination statutes or contract provisions required under section 4a-60, 4a-60a or 4a-60g or the provisions of sections 46a-68c to 46a-68f, inclusive, may issue a complaint.

(d) The commission may issue a complaint if: (1) An affirmative action plan filed pursuant to section 46a-68 is in violation of any of the provisions of section 4-61u or 4-61w, sections 46a-54 to 46a-64, inclusive, section 46a-64c or sections 46a-70 to 46a-78, inclusive; or (2) an agency, department, board or commission fails to submit an affirmative action plan required under section 46a-68.

(e) Any employer whose employees, or any of them, refuse or threaten to refuse to comply with the provisions of section 46a-60 or 46a-81c may file with the commission a written complaint under oath asking for assistance by conciliation or other remedial action.

(f) (1) Any complaint filed pursuant to this section for an alleged act of discrimination that occurred prior to October 1, 2021, shall be filed within one hundred and eighty days after the date of the alleged act of discrimination, except that any complaint by a person (A) claiming to be aggrieved by a violation of subsection (a) of section 46a-80 that occurred before October 1, 2019, shall be filed within thirty days of the date of the alleged act of discrimination, and (B) claiming to be aggrieved by a violation of section 46a-60, sections 46a-70 to 46a-78, inclusive, or section 46a-80 or 46a-81c, that occurred on or after October 1, 2019, and prior to October 1, 2021, shall be filed not later than three hundred days after the date of the alleged act of discrimination.

(2) Any complaint filed pursuant to this section for an alleged act of discrimination that occurred on or after October 1, 2021, shall be filed within three hundred days after the date of the alleged act of discrimination.

Short History

(1949 Rev., S. 7406; 1959, P.A. 334; February, 1965, P.A. 576; 1967, P.A. 715, S. 3; 1971, P.A. 547, S. 1; P.A. 74-54; P.A. 75-27; 75-214, S. 1, 2; P.A. 76-141, S. 1, 2; P.A. 80-422, S. 30; P.A. 83-569, S. 13, 17; P.A. 90-246, S. 9; P.A. 91-58, S. 28; P.A. 07-142, S. 5; June Sp. Sess. P.A. 15-5, S. 74; P.A. 19-16, S. 6; P.A. 21-40, S. 48; 21-109, S. 5; P.A. 23-205, S. 193.)

Long History

History: 1959 act authorized the ordering of affirmative action and shortened period for filing complaint; 1965 act authorized commission to issue subpoenas requiring production of employment records related to complaint under investigation; 1967 act authorized commission counsel to present case supporting complaint at hearing; 1971 act changed composition of hearing tribunal from three commission members or a panel of hearing examiners to one commission member or one hearing examiner; P.A. 74-54 changed deadline for filing complaint from ninety to 180 days after alleged discriminatory act; P.A. 75-27 added provisos re liability for back pay and effect of interim earnings on award of back pay; P.A. 75-214 added provisions re effect of submission of claim to arbitration on filing of complaint and re use of arbitration decision as evidence; P.A. 76-141 deleted references to “preliminary” investigations; P.A. 80-422 substituted “discriminatory” for “unfair employment” practice where occurring, deleted detailed provisions re investigation and hearing procedures and orders made on basis of findings, designated remaining provisions as Subsecs. (a), (b), (d) and (e), inserted new Subsec. (c) re plans which fail to meet criteria or state agencies, etc. which fail to file plans, added exception re Sec. 4-61o(a) in Subsecs. (b) and (e) and substituted reference to Sec. 31-126 for “this chapter” in Subsec. (d); Sec. 31-127 transferred to Sec. 46a-82 in 1981 and internal section references changed as necessary to reflect their transfer; P.A. 83-569 amended Subsec. (c) to include references to violations of Secs. 4-61u and 4-61w; P.A. 90-246 amended Subsec. (a) by adding requirement that commission serve upon aggrieved person notice acknowledging receipt of complaint and advising of time frames and choice of forums available, and amended Subsec. (c) by adding reference to Sec. 46a-64c; P.A. 91-58 amended Subsec. (d) to add reference to Sec. 46a-81c; P.A. 07-142 amended Subsec. (a) by adding reference to Sec. 4a-60g and Secs. 46a-68c to 46a-68f, inclusive, added new Subsec. (c) re issuance of complaint whenever contractor or subcontractor is not complying with antidiscrimination statutes, required contract provisions or Secs. 46a-68c to 46a-68f, inclusive, redesignated existing Subsecs. (c), (d) and (e) as Subsecs. (d), (e) and (f) and made technical changes, effective July 1, 2007; June Sp. Sess. P.A. 15-5 amended Subsec. (a) by deleting “make, sign and” re filing of discriminatory practice complaint, adding provision re complaint that alleges violation of Sec. 46a-64c need not be notarized, substituting “provide a short and plain statement of the allegations upon which the claim is based” for “and which shall set forth the particulars thereof”, substituting “provide the complainant with” for “serve upon the person claiming to be aggrieved” re commission responsibility to provide notice acknowledging receipt of the complaint, and making technical changes; P.A. 19-16 amended Subsec. (f) by redesignating existing provisions re person claiming to be aggrieved by violation of Sec. 46a-80(a) as Subdiv. (1) and amending same by adding “that occurred on or before October 1, 2019”, adding Subdiv. (2) re persons claiming to be aggrieved by violation of Secs. 46a-60, 46a-70 to 46a-78, 46a-80 or 46a-81c that occurred on or after October 1, 2019 to file complaint not later than 300 days after date of alleged act of discrimination, and replaced “must” with “shall”; P.A. 21-40 amended Subsec. (f) to make a technical change; P.A. 21-109 amended Subsec. (f) to designate existing provisions as Subdiv. (1), redesignate Subdivs. (1) and (2) as Subparas. (A) and (B), add provisions re existing provisions being applicable to acts that occurred prior to October 1, 2021, add new Subdiv. (2) re filing complaints for acts that occurred on or after October 1, 2021, and make technical changes; P.A. 23-205 amended Subsec. (a) by adding provision re commission's responsibility to refer a matter to the Office of the Chief State's Attorney when commission has reasonable belief that a party to a discriminatory practice case has engaged in conduct that constitutes a violation of part VI of Ch. 952, effective July 1, 2023.

Citations

Annotations to former section 31-127:

Former limitation period of 6 months did not begin to run until expiration of period within which it could reasonably be expected that application would be acted upon. 140 C. 537. Where nothing in the record indicated consideration of commission's complaint by commission members, complaint did not contain the date of the alleged unfair practice as required by regulation and nowhere in the statement of facts, finding or conclusion of the hearing tribunal did it appear when plaintiff was alleged to have committed the act charged, held the complaint and findings were defective and plaintiff's appeal from cease and desist order of commission's hearing tribunal should be sustained. 153 C. 174. Cited. Id., 652; 163 C. 327; 165 C. 318; 170 C. 327; 176 C. 291; 178 C. 700; 198 C. 479; 211 C. 464.

Order must be limited to unfair practice found to exist and should leave applicant free to determine whether or not he still seeks that employment; it should not be an affirmative order to employ the applicant. 17 CS 93. Former 6-month period of limitation cannot begin until the discrimination is established. 18 CS 131. Legislative intent was to impose mere administrative duty on chairman to appoint hearing tribunal after certification of complaint; no discretion involved; only hearing tribunal can determine whether unfair employment practice exists; Attorney General has no authority to overrule investigator's certification. 27 CS 147. Cited. 28 CS 344. Statute contemplates no determination of probable cause until after an investigation has been completed. 35 CS 565.

Annotations to present section:

Cited. 195 C. 226; Id., 543; 198 C. 479; 202 C. 601; Id., 609; 211 C. 464; 232 C. 91; 236 C. 250.

Cited. 3 CA 464; 44 CA 446.

Subsec. (a):

Statute does not require that specific statutory reference be stated in complaint. 46 CS 153.

Subsec. (e):

Filing requirement is not pure statute of limitations which may be raised only by a party as a special defense; commission has standing to raise time limit issue due to its institutional responsibilities in the petition process, which are different from those of a court; filing requirement is not subject matter jurisdictional; it is mandatory and subject to consent, waiver or equitable tolling. 257 C. 258.

Subsec. is a mandatory time limitation and is jurisdictional. 54 CA 251. Filing period commences upon actual cessation of employment, rather than notice thereof. 103 CA 188.

Subsec. (f):

Statute of limitations began to run on the last day the plaintiff worked, not on the date of notice thereof. 289 C. 57.

Town's failure to further investigate plaintiff's allegations, absent other allegations, does not constitute a discriminatory act from which the statute of limitations would run. 136 CA 278. Because allegations in the amended complaint present a different set of operative facts from those presented in the initial complaint, the relation back doctrine is inapplicable, and therefore allegations of retaliatory acts occurring more than 180 days prior to filing of amended complaint are time barred. 138 CA 141.

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