Sec. 46a-86. Complaint: Determination; orders; dismissal. Treatment of discrimination awards.
Sec. 46a-86. Complaint: Determination; orders; dismissal. Treatment of discrimination awards. (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 the presiding officer's
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 under this section, 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 under this section, 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 the complainant as a result of such
discriminatory practice and shall allow reasonable attorney's fees and costs.
(d) In addition to any other action taken under this section, 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) In addition to any other action taken under this section, upon a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f, inclusive, the
presiding officer shall issue and file with the commission and cause to be served on the
respondent an order with respect to any remedial action imposed by the presiding officer
pursuant to subsection (c) or (d) of section 46a-56.
(f) 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 the presiding officer's findings of fact and shall issue and file with the
commission and cause to be served on the respondent an order dismissing the complaint.
(g) Any payment received by a complainant under this chapter or under any equivalent federal antidiscrimination law, either as a settlement of a claim or as an award made
in a judicial or administrative proceeding, shall not be considered as income, resources
or assets for the purpose of determining the eligibility of or amount of assistance to be
received by such person in the month of receipt or the three months following receipt
under the state supplement program, Medicaid or any other medical assistance program,
temporary family assistance program, state-administered general assistance program,
or the temporary assistance for needy families program. After such time period, any
remaining funds shall be subject to state and federal laws governing such programs,
including, but not limited to, provisions concerning individual development accounts,
as defined in section 31-51ww.
(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; P.A. 05-280, S. 45; June Sp. Sess. P.A. 05-3, S. 80; P.A. 07-142, S. 8.)
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"; P.A. 05-280, S. 45 re treatment of discrimination payment awards by Department of Social Services in determining eligibility of or amount of assistance to be received by complainant under chapter was added editorially by the Revisors
as Subsec. (f); June Sp. Sess. P.A. 05-3 changed effective date of P.A. 05-280, S. 45 from October 1, 2005, to July 1, 2005,
effective July 1, 2005; P.A. 07-142 added new Subsec. (e) re order with respect to remedial action imposed pursuant to
Sec. 46a-56(c) or (d), redesignated existing Subsecs. (e) and (f) as Subsecs. (f) and (g) and made technical changes, effective
July 1, 2007.
See Sec. 17b-93 re claim of the state for repayment of aid.
Cited. 188 C. 44. Cited. 196 C. 208. Cited. 202 C. 609. Cited. 204 C. 287. Cited. 211 C. 464. 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. Cited. Id., 117.
Cited. 237 C. 209. Cited. 238 C. 337.
Cited. 3 CA 464. Cited. 4 CA 423. Cited. 5 CA 643. Cited. 44 CA 446.
Subsec. (a):
Cited. 205 C. 324. Cited. 236 C. 681.
Cited. 15 CA 569.
Hearing officer's remedy went far beyond intent of legislature. 39 CS 528.
Subsec. (b):
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. 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. The right to litigate fully the reasonableness of attorney's fees entitles opposing party to
question under oath billing attorney who has submitted an affidavit in support of the requested fees in order to challenge
reasonableness of those fees. 285 C. 208.
Subsec. (d):
Cited. 205 C. 324.
Subsec. (e):
Cited. 205 C. 324. Cited. 232 C. 181.
Cited. 15 CA 569.