Connecticut Commission on Human Rights & Opportunities (CHRO)

1. THE CONNECTICUT COMMISSION ON HUMAN RIGHTS & OPPORTUNITIES

2. CHRO IS THE FIRST GOVERNMENTAL CIVIL RIGHTS AGENCY IN THE NATION

3. 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.

4. CONNECTICUT LAW PROHIBITS DISCRIMINATION • EMPLOYMENT • HOUSING • PLACES OF PUBLIC ACCOMMODATION • CREDIT TRANSACTIONS

5. CHRO POWERS • RECEIVE COMPLAINTS OF DISCRIMINATION • INITIATE COMPLAINTS OF DISCRIMINATION • INVESTIGATE COMPLAINTS • MEDIATE COMPLAINTS OF DISCRIMINATION • LITIGATE COMPLAINTS OF DISCRIMINATION • ADJUDICATE COMPLAINTS OF DISCRIMINATION

6. Across the state of CT Discrimination complaints are being filed with the CHRO

7. Connecticut Towns

8. 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

9. 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.

10. DEPRIVATION OF RIGHTS. DESECRATION OF PROPERTY. CROSS BURNING. PENALTY C.G.S. 46a-58

11. 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.

12. C.G.S. 46a-58 Protected Classes • Alienage • Blindness • Color • Gender Identity or Gender Expression • National origin • Physical Disability • Race • Religion • Sex • Sexual Orientation

13. DISCRIMINATORY EMPLOYMENT PRACTICE PROHIBITED • 46a-60

14. 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 Employment Classes Protected Under the Law

15. Connecticut 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. . ..”

16. 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

17. 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 anti-discrimination policy • Supervisors need to be trained on the anti-discrimination policy

18. 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

19. 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

20. A report of discrimination should be taken seriously, i.e. • Investigation • Evidence gathering • documentation • An employer should take action of violations of the company’s policy immediately

21. BEST PRACTICES-DISCIPLINE

22. 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

23. 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

24. BEST PRACTICES-FMLA EXHAUSTED • An Employee may be entitled to a reasonable accommodation after the employee has exhausted FMLA

25. BEST PRACTICES-Advertisement • Advertise as an equal opportunity employer • Be an equal opportunity employer • Reap the benefits of treating employees fairly CHRO

26. SexualHarassment Protections • Employees/volunteers/interns are protected from harassment by managers staff, and all othersin the workplace setting • Coverage extends to anywork location

27. Social Media, the internet, cellphones and e-mail Changing the world of sexual harassment claims

28. What is the Employer/Administrator Responsibility for Harassment by co-workers? Use reasonable care to prevent harassment from occurring * 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

29. 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

30. Sexual Harassment Not Limited to Male/Female Patino v. Birken Mfg. Co. – CT Supreme Court finds Employers Liable For Anti-Gay Harassment

31. 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

32. FOUR REGIONAL OFFICES HARTFORD WATERBURY NORWICH BRIDGEPORT

33. CHRO’S COMPLAINT PROCESS

34. 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

35. 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

37. CHRO