US Laws, Codes, Statutes & Cases

      Sec. 46a-86. Complaint: Determination; orders; dismissal. (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 state his findings of fact and shall issue and file with the commission and cause to be served on the respondent an order requiring the respondent to cease and desist from the discriminatory practice and further requiring the respondent to take such affirmative action as in the judgment of the presiding officer will effectuate the purpose of this chapter.

      (b) In addition to any other action taken hereunder, upon a finding of a discriminatory employment practice, the presiding officer may order the hiring or reinstatement of employees, with or without back pay, or restoration to membership in any respondent labor organization, provided, liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint and, provided further, 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 such 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.

      (c) In addition to any other action taken hereunder, 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 him as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs.

      (d) In addition to any other action taken hereunder, upon a finding of a discriminatory practice prohibited by section 46a-66 or 46a-81f, the presiding officer shall issue and file with the commission and cause to be served on the respondent an order requiring the respondent to pay the complainant the damages resulting from the discriminatory practice.

      (e) 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 state his findings of fact and shall issue and file with the commission and cause to be served on the respondent an order dismissing the complaint.

      (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.)

      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".

      Cited. 188 C. 44, 51, 60. Cited. 196 C. 208, 216, 217. Cited. 202 C. 609, 614. Cited. 204 C. 287, 294. Cited. 211 C. 464, 478. 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, 92, 97, 98, 100, 102, 107, 109, 112. Cited. Id., 117. Cited. 237 C. 209, 230. Cited. 238 C. 337.

      Cited. 3 CA 464, 465, 467. Cited. 4 CA 423, 425. Cited. 5 CA 643, 647. Cited. 44 CA 446.

      Subsec. (a):

      Cited. 188 C. 44, 66. Cited. 205 C. 324, 331. Cited. 211 C. 464, 481. Cited. 232 C. 91, 96, 98, 100, 101, 108, 109, 111- 113, 116, 117. Cited. Id., 117, 118, 122. Cited. 236 C. 681, 699. Cited. 237 C. 209, 220.

      Cited. 15 CA 569, 570.

      Hearing officer's remedy went far beyond intent of legislature. 39 CS 528, 531, 532.

      Subsec. (b):

      Cited. 188 C. 44, 66. Cited. 232 C. 91, 100, 101, 114, 116. Cited. 237 C. 209, 228. Cited. 238 C. 337. Statute authorizes award of back pay regardless of whether reinstatement is ordered, and since primary purpose of subsection 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):

      Cited. 201 C. 350, 365, 366. Cited. 232 C. 91, 100, 101, 103, 106, 109, 112-114, 116. Cited. 237 C. 209, 228. Cited. 238 C. 337. Commission on Human Rights and Opportunities 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. 270 C. 665. Award of compensatory damages for a violation of Sec. 46a-58 authorized. Id.

      Subsec. (d):

      Cited. 205 C. 324, 331. Cited. 232 C. 91, 100, 101, 104, 106, 113. Cited. 237 C. 209, 228.

      Subsec. (e):

      Cited. 205 C. 324, 331. Cited. 232 C. 181, 186, 191, 192.

      Cited. 15 CA 569, 570.