Public Training 11-237 Power Point

8/3/2019 Public Training 11-237 Power Point

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COMMISSION ON HUMANCOMMISSION ON HUMAN

RIGHTS AND OPPORTUNITIESRIGHTS AND OPPORTUNITIES

EXPEDITED CASEEXPEDITED CASE

PROCESSINGPROCESSING

PURSUANT TOPURSUANT TOPUBLIC ACT 11PUBLIC ACT 11--

237237


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Goals of this trainingGoals of this training

To informTo inform

constituents aboutconstituents abouthow CHRO processeshow CHRO processes

complaints and tocomplaints and to

highlight changes inhighlight changes inthe processing as athe processing as a

result of Public Actresult of Public Act

1111--237237


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Public Act 11Public Act 11--237 Themes237 Themes

Expedite case processingExpedite case processing

Focus on early mediation of casesFocus on early mediation of cases

Make the best use of limitedMake the best use of limitedCHRO resourcesCHRO resources

Clear our backlogClear our backlog


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Themes of the Legislation, contThemes of the Legislation, contdd

Increase uniformity among theIncrease uniformity among the

regional officesregional offices

Involve legal department withInvolve legal department with

case processingcase processing

Increase use of technologyIncrease use of technology


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180 day Statute of Limitations180 day Statute of Limitations

Complaints must generally be filedComplaints must generally be filed

within 180 days of the date of thewithin 180 days of the date of thealleged act of discrimination, or withinalleged act of discrimination, or within

180 days of the date that180 days of the date thatcomplainant became aware of thecomplainant became aware of the

act.act.


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Where to File a CHRO ComplaintWhere to File a CHRO Complaint

in Connecticutin Connecticut

To file an employment discrimination complaint, go to theTo file an employment discrimination complaint, go to the

contacting uscontacting us link atlink at

http://http://www.state.ct.us/chro/HowTo.htmwww.state.ct.us/chro/HowTo.htmto find the town in which the alleged discriminatory actto find the town in which the alleged discriminatory act

took place, and the phone number of the Regional Officetook place, and the phone number of the Regional Office

that serves that town.that serves that town.
http://www.state.ct.us/chro/metapages/Contact.htm?#CHRO%20has#CHRO%20hashttp://www.state.ct.us/chro/metapages/Contact.htm?#CHRO%20has#CHRO%20hashttp://www.state.ct.us/chro/HowTo.htmhttp://www.state.ct.us/chro/HowTo.htmhttp://www.state.ct.us/chro/HowTo.htmhttp://www.state.ct.us/chro/HowTo.htmhttp://www.state.ct.us/chro/HowTo.htmhttp://www.state.ct.us/chro/HowTo.htmhttp://www.state.ct.us/chro/metapages/Contact.htm?#CHRO%20has#CHRO%20has


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CHRO Complaint ProcessCHRO Complaint Process

Complainant files aComplainant files a

complaintcomplaint

Respondent files anRespondent files an

answer and responsesanswer and responsestotoSchedule ASchedule A

Complainant may fileComplainant may file

rebuttalrebuttal

Answer andResponses to

DocumentRequests

Rebuttal

Complaint


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MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEW

The CHRO will then review the complaint, answer (and relateddocuments) and rebuttal and conduct a Merit Assessment Review

(MAR) to determine whether the complaint should be retained for afull investigation, or dismissed.

STANDARD 1STANDARD 1Does the complaint fail to state a claim forDoes the complaint fail to state a claim for

relief?relief? STANDARD 2STANDARD 2Is the complaint frivolous on its face?Is the complaint frivolous on its face?

STANDARD 3STANDARD 3Is the respondent exempt from the provisions ofIs the respondent exempt from the provisions of

Chapter 814c of Connecticut General Statutes?Chapter 814c of Connecticut General Statutes? STANDARD 4STANDARD 4Is there no reasonable possibility thatIs there no reasonable possibility that

investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonablelecause?cause?


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What happens after MAR if theWhat happens after MAR if the

case is dismissed?case is dismissed? The Complainant has 15The Complainant has 15

days to ask for a Releasedays to ask for a Release

of Jurisdiction.of Jurisdiction.

If there is no request forIf there is no request for

a Release of Jurisdictiona Release of Jurisdiction

the legal department willthe legal department will

do ado aLegal ReviewLegal Reviewofof

the case to determine if itthe case to determine if itshould be reinstated.should be reinstated.


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Reasons a case would beReasons a case would be

reinstated after a Legal Reviewreinstated after a Legal Review Relevant comparativeRelevant comparative

data not provideddata not provided Credibility issues mustCredibility issues must

be resolvedbe resolved

Witnesses need to beWitnesses need to beinterviewedinterviewed

Documents need toDocuments need to

be soughtbe sought Response insufficientResponse insufficient

to support dismissalto support dismissal

Disputed issues ofDisputed issues of

fact that need to befact that need to beresolvedresolved

Information sought inInformation sought in

the Schedule Athe Schedule Arequest was notrequest was notprovidedprovided

DeterminationDeterminationregarding lack ofregarding lack ofjurisdiction flawedjurisdiction flawed


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POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated, a letter willIf the complaint is reinstated, a letter will

be sent to the parties.be sent to the parties.

After legal review denying reinstatement,After legal review denying reinstatement,a letter will be sent to the parties with thea letter will be sent to the parties with the

ROJ.ROJ.


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What happens after MAR ?What happens after MAR ?


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NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation willMediation will

take placetake placeshortly aftershortly after

each case iseach case isretained orretained or

reinstatedreinstated


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Mandatory MediationMandatory Mediation

The mediator will determineThe mediator will determinethe method of mediation.the method of mediation.

Mediation may take placeMediation may take placein person, via email or onin person, via email or onthe telephone.the telephone.


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Who will mediate?Who will mediate?

Legal StaffLegal Staff

InvestigatorsInvestigators Regional ManagersRegional Managers

Other CHRO staffOther CHRO staff Interns and legal clinicsInterns and legal clinics

We may seek volunteer attorneys to helpWe may seek volunteer attorneys to help


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What else is new in caseWhat else is new in case

processing?processing?


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An Investigator Will Be Assigned toAn Investigator Will Be Assigned to

Your CaseYour Case If your case is notIf your case is not

successfully mediated itsuccessfully mediated it

will quickly be assigned towill quickly be assigned to

an investigatoran investigator

Cases should no longerCases should no longer

sit in file drawerssit in file drawers


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Anything Else New?Anything Else New?

Early LegalEarly Legal

InterventionIntervention


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EARLY LEGAL INTERVENTIONEARLY LEGAL INTERVENTION

What is it?What is it?

The parties or Commission can request an EarlyThe parties or Commission can request an Early

Legal intervention. The legal department willLegal intervention. The legal department willreview the case and make one of the followingreview the case and make one of the followingdecisions:decisions:

There is enough evidence for the case to goThere is enough evidence for the case to godirectly to public hearingdirectly to public hearing

The Complainant should be given an ROJThe Complainant should be given an ROJ

There should be some specific furtherThere should be some specific furtherinvestigation doneinvestigation done


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InvestigationsInvestigations

FACT FINDING OR FULLFACT FINDING OR FULL

CONFERENCE INVESTIGATIONCONFERENCE INVESTIGATION

OR A COMBINATION OF BOTHOR A COMBINATION OF BOTH


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THE INVESTIGATOR WILL DECIDE THE BESTTHE INVESTIGATOR WILL DECIDE THE BEST

WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE In most cases the investigatorIn most cases the investigator

will schedule a Factwill schedule a Fact--findingfindingconference where the partiesconference where the parties

have a day at the CHRO tohave a day at the CHRO toprove and defend their cases.prove and defend their cases.

The investigator may ask theThe investigator may ask the

parties to bring certainparties to bring certainwitnesses and documents towitnesses and documents tothe conference.the conference.

After the factAfter the fact--findingfinding

conference is over, theconference is over, theinvestigator will send out ainvestigator will send out adecision without much furtherdecision without much furtherinvestigation.investigation.

A full investigation may or mayA full investigation may or maynot include a factnot include a fact--findingfinding

conferenceconference

Investigative techniques suchInvestigative techniques suchas document requests, witnessas document requests, witness

interviews and interrogatoriesinterviews and interrogatoriesare available to theare available to theinvestigator.investigator.


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DeterminationsDeterminations

After the investigator completes theAfter the investigator completes theinvestigation, s/he prepares a draft finding ofinvestigation, s/he prepares a draft finding of

Reasonable Cause or No Reasonable Cause toReasonable Cause or No Reasonable Cause toshare with the parties.share with the parties.

The parties then haveThe parties then have 15 days15 daysto comment onto comment onthe draft.the draft.

The investigator will review the partiesThe investigator will review the partiescomments with his/her manager and determinecomments with his/her manager and determineif further inquiry is necessary. If not, theif further inquiry is necessary. If not, theinvestigator issues her/his findings.investigator issues her/his findings.


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Other Changes . . .Other Changes . . .


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Many documents will be eMany documents will be e--mailedmailed

to partiesto parties The Public Act allows usThe Public Act allows us

to send parties manyto send parties many

documents throughdocuments through

email.email.

Parties will be asked toParties will be asked to

supply an email addresssupply an email addressto the agency.to the agency.

Please make sure toPlease make sure to

regularly check yourregularly check youremail for correspondence.email for correspondence.


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The time to get an ROJ hasThe time to get an ROJ has

changedchanged Complainants can nowComplainants can now

ask for an Release ofask for an Release of

Jurisdiction after 180Jurisdiction after 180days (rather than 210)days (rather than 210)

Complainants can alsoComplainants can also

ask for an expedited MARask for an expedited MARif they want an ROJ priorif they want an ROJ priorto 180 daysto 180 days

If both sides agree,If both sides agree,

parties can get an ROJparties can get an ROJimmediately after theimmediately after thecomplaint is filed (notcomplaint is filed (not

new)new)


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Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant canThe Complainant can

intervene as a matterintervene as a matterof right in a housingof right in a housing

election caseelection case

CHROCHROss legislativelegislativeresponse toresponse to CHROCHRO

v. Litchfield Housingv. Litchfield Housing

AuthorityAuthority

Att F N t C ti tAtt F N t C ti t


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Attorney Fees are Not Contingent onAttorney Fees are Not Contingent on

Damages Requested or Awarded to theDamages Requested or Awarded to the

ComplainantComplainant CHROCHROss legislativelegislative

response to Stateresponse to State

Appellate courtAppellate courts decisions decisioninin CHRO v.CHRO v. BrookstoneBrookstoneCourtCourt

Affects fees awarded atAffects fees awarded at

public hearing or in courtpublic hearing or in court amends C.G.S.amends C.G.S. 46a46a--86, 10486, 104

Amends C.G.S.Amends C.G.S. 46a46a--9595

award of attorney feesaward of attorney feesand costs forand costs forenforcement toenforcement toCommission orCommission or

ComplainantComplainant


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Questions ????Questions ????