THE CONNECTICUT COMMISSION
ON HUMAN RIGHTS &
OPPORTUNITIES
7/29/2017
CHRO IS THE
FIRST
GOVERNMENTAL
CIVIL RIGHTS
AGENCY IN THE
NATION
THE MISSION OF THE CHRO

Eliminate
discrimination through
civil and human rights
law enforcement and
to establish equal
opportunity and
justice for all persons
within the state
through advocacy and
education.
CONNECTICUT LAW
PROHIBITS DISCRIMINATION
 EMPLOYMENT
 HOUSING
 PLACES
OF PUBLIC
ACCOMMODATION
 CREDIT TRANSACTIONS
CHRO POWERS
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RECEIVE COMPLAINTS OF DISCRIMINATION
INITIATE COMPLAINTS OF DISCRIMINATION
INVESTIGATE COMPLAINTS
MEDIATE COMPLAINTS OF DISCRIMINATION
LITIGATE COMPLAINTS OF DISCRIMINATION
ADJUDICATE COMPLAINTS OF
DISCRIMINATION
Across the state of CT
Discrimination complaints are
being filed with the CHRO
Connecticut Towns
Statutory Responsibilities of the
CHRO
 Eliminate
illegal discrimination in
employment, housing, public
accommodations and credit
transactions through civil & human
rights law enforcement
 Monitor compliance with state
contract compliance laws and small
contractor set-aside provision by state
agencies, contractors and
subcontractors
Statutory Responsibilities of the
CHRO
 Review,
approve and monitor state
agency affirmative action plans for
compliance with laws requiring
affirmative action & equal opportunity
in state government
 Establish equal opportunity and
justice for all persons in Connecticut
through education and outreach
activities.
DEPRIVATION OF
RIGHTS. DESECRATION
OF PROPERTY. CROSS
BURNING. PENALTY
C.G.S. 46a-58
C.G.S. 46a-58 (Umbrella Statute)
 It
shall be a discriminatory practice in
violation of Sec. 46a-58 for any person to
subject, or cause to be subjected, any
other person to the deprivation of any
rights, privileges or immunities, secured or
protected by the Constitution or laws of CT
or of the U.S.
C.G.S. 46a-58 Protected Classes
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Alienage
Blindness
Color
Gender Identity or Gender Expression
National origin
Physical Disability
Race
Religion
Sex
Sexual Orientation
DISCRIMINATORY
EMPLOYMENT PRACTICE
PROHIBITED
46a-60
Employment
Classes Protected Under the Law
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Age
Ancestry
Color
Gender Identity/Gender
Expression
Genetic History
Learning Disability
Marital Status
Mental Retardation
National Origin

Past or Present History of
Mental Disability
 Pregnancy
 Physical Disability
 Prior Conviction of a
Crime
 Race
 Religious Creed
 Sex
 Sexual Harassment
 Sexual Orientation
General Statutes § 46a-60
(a), “It shall be a discriminatory practice in
violation of this section: (1) For an
employer, by the employer or the
employer’s agent, except in the case of a
bona fide occupational qualification or
need ... to discriminate against such
individual in compensation or in terms,
conditions or privileges of employment
because of the individual’s race, color,
religious creed, age, sex, marital status,
national origin, ancestry. . ..”
 Connecticut
CIVIL RIGHTS IS GOOD FOR
BUSINESS
 Diversity
fosters a more creative and
innovative workforce
 Consumers are usually diverse
 Diversity allows businesses to capture a
greater share of the consumer market
BEST PRACTICES
 Companies,
Contractors, Sub-Contractors,
Private and Public Employers should have
an anti-discrimination policy that is
enforced by managers at all levels
 TRAINING, TRAINING, TRAINING
Managers need to be trained on the antidiscrimination policy
 Supervisors need to be trained on the antidiscrimination policy
BEST PRACTICES
 The
anti-discrimination policy should be
posted
 The anti-discrimination policy should be
given to ALL employees
 Management and Staff should value the
anti-discrimination policy and take it
seriously
BEST PRACTICES-Reporting
procedure
 The
company should have a clearly
outlined reporting procedure
 Employees need clear steps to report
incidents
 Carefully select the individuals to whom
incidents of discrimination should be
reported
A
report of discrimination should be taken
seriously, i.e.

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
Investigation
Evidence gathering
documentation
 An
employer should take action of
violations of the company’s policy
immediately
BEST PRACTICES-DISCIPLINE
BEST PRACTICES -Discipline
 Have
a clear progressive discipline policy
 Follow the progressive discipline policy
 Apply the progressive discipline policy
consistently
 Document the progressive discipline
 Make sure the tone of any
correspondence to an employee regarding
performance issues is professional and
factual
BEST PRACTICES – DISABILITY
 If
an employee requests a reasonable
accommodation engage in the interactive
process with the employee
 Be open and creative in exploring
reasonable accommodations
 Maintain clear, specific and consistent
communications with an employee who
has requested an accommodation
BEST PRACTICES-FMLA
EXHAUSTED
 An
Employee may be entitled to a
reasonable accommodation after the
employee has exhausted FMLA
BEST PRACTICES-Advertisement
 Advertise
as an equal opportunity
employer
 Be an equal opportunity employer
 Reap the benefits of treating employees
fairly
Sexual Harassment
Protections
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Employees/volunteers/interns are protected from
harassment by managers staff,
and all others in the workplace setting
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Coverage extends to any work location
Social Media, the internet,
cellphones and e-mail
Changing
the world of
sexual
harassment
claims
What is the
Employer/Administrator
Responsibility for Harassment by
co-workers?
Use reasonable care to prevent harassment
from occurring
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Sexual harassment policy in place
Systematic sexual harassment training
Take prompt remedial action to correct harassment
* Take steps to end harassment
* Prompt and neutral investigation
* Disciplinary policy
Use preventative and corrective opportunities
1981 - Bundy v. Jackson - US Court of Appeals for the Second
District ruled for the first time that Title VII liability can exist for
sexual insults.
1986 - Meritor Savings Bank, FSB v. Vinson – The Supreme
Court first recognized “sexual harassment” as a violation of Title
VII and established the standards for analyzing whether the
conduct was welcome and levels of employer liability.
1993 - Harris v. Forklift Systems, Inc – plaintiff may bring
sexual harassment claim without necessarily showing
psychological harm. In addition to Meritor, the factors when
analyzing whether sexual harassment occurred include:
o Frequency
o Severity
o Whether the conduct is physically threatening or humiliating
o Or is a mere offensive utterance
o Whether the conduct unreasonably interferes with employees
work
performance
o Totality of the Circumstances Test
Sexual Harassment Not Limited
to Male/Female
Patino v. Birken Mfg. Co. – CT
Supreme Court finds Employers
Liable For Anti-Gay Harassment
LEGAL UPDATES
Tomick v. UPS – CHRO has filed an amicus
brief in this case, currently awaiting argument
before the CT Supreme Court, which will decide
whether punitive damages may be awarded
under Conn. Gen. Stat. § 46a-104, the statute
governing remedies in private discrimination
suits
 CCJEF v. Rell litigation – CHRO has filed an
amicus brief in this case, currently at trial in the
Hartford Superior Court, which aims to address
funding disparities between schools in urban,
rural, and suburban areas of the state
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FOUR REGIONAL OFFICES
CHRO’S COMPLAINT PROCESS
CHRO’S COMPLAINT PROCESS
 Complaint
filed within 180 days of incident
 Complaint served
 Answer filed and schedule As answered
 Rebuttal by the Complainant
 Merit Assessment review (complaint
retained or dismissed)
 Full investigation (reasonable cause or no
reasonable cause
 Public Hearing
CAR IS THE NEW MAR
 The
process has not changed
 We renamed the process so that inflated
expectations would not be given to the
complaining party
 A review of the complaint, answer, rebuttal
and schedule A responses