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§ 8-109 Complaint. (a) Any person aggrieved by an unlawful
discriminatory practice or an act of discriminatory harassment or
violence as set forth in chapter six of this title may, by himself or
herself or such person's attorney, make, sign and file with the
commission a verified complaint in writing which shall: (i) state the
name of the person alleged to have committed the unlawful discriminatory
practice or act of discriminatory harassment or violence complained of,
and the address of such person if known; (ii) set forth the particulars
of the alleged unlawful discriminatory practice or act of discriminatory
harassment or violence; and (iii) contain such other information as may
be required by the commission. The commission shall acknowledge the
filing of the complaint and advise the complainant of the time limits
set forth in this chapter.
(b) Any employer whose employee or agent refuses or threatens to
refuse to cooperate with the provisions of this chapter may file with
the commission a verified complaint asking for assistance by
conciliation or other remedial action.
(c) Commission-initiated complaints. The commission may itself make,
sign and file a verified complaint alleging that a person has committed
an unlawful discriminatory practice or an act of discriminatory
harassment or violence as set forth in chapter six of this title.
(d) The commission shall serve a copy of the complaint upon the
respondent and all persons it deems to be necessary parties and shall
advise the respondent of his or her procedural rights and obligations as
set forth herein.
(e) The commission shall not have jurisdiction over any complaint that
has been filed more than one year after the alleged unlawful
discriminatory practice or act of discriminatory harassment or violence
as set forth in chapter six of this title occurred.
(f) The commission shall not have jurisdiction to entertain a
complaint if:
(i) the complainant has previously initiated a civil action in a court
of competent jurisdiction alleging an unlawful discriminatory practice
as defined by this chapter or an act of discriminatory harassment or
violence as set forth in chapter six of this title with respect to the
same grievance which is the subject of the complaint under this chapter,
unless such civil action has been dismissed without prejudice or
withdrawn without prejudice; or
(ii) the complainant has previously filed and has an action or
proceeding before any administrative agency under any other law of the
state alleging an unlawful discriminatory practice as defined by this
chapter or an act of discriminatory harassment or violence as set forth
in chapter six of this title with respect to the same grievance which is
the subject of the complaint under this chapter; or
(iii) the complainant has previously filed a complaint with the state
division of human rights alleging an unlawful discriminatory practice as
defined by this chapter or an act of discriminatory harassment or
violence as set forth in chapter six of this title with respect to the
same grievance which is the subject of the complaint under this chapter
and a final determination has been made thereon.
(g) In relation to complaints filed on or after September first,
nineteen hundred ninety-one, the commission shall commence proceedings
with respect to the complaint, complete a thorough investigation of the
allegations of the complaint and make a final disposition of the
complaint promptly and within the time periods to be prescribed by rule
of the commission. If the commission is unable to comply with the time
periods specified for completing its investigation and for final
disposition of the complaint, it shall notify the complainant,
respondent, and any necessary party in writing of the reasons for not
doing so.
(h) Any complaint filed pursuant to this section may be amended
pursuant to procedures prescribed by rule of the commission by filing
such amended complaint with the commission and serving a copy thereof
upon all parties to the proceeding.
(i) Whenever a complaint is filed pursuant to paragraph (d) of
subdivision five of section 8-107 of this chapter, no member of the
commission nor any member of the commission staff shall make public in
any manner whatsoever the name of any borrower or identify by a specific
description the collateral for any loan to such borrower except when
ordered to do so by a court of competent jurisdiction or where express
permission has been first obtained in writing from the lender and the
borrower to such publication; provided, however, that the name of any
borrower and a specific description of the collateral for any loan to
such borrower may, if otherwise relevant, be introduced in evidence in
any hearing before the commission or any review by a court of competent
jurisdiction of any order or decision by the commission.