Discrimination | Transgender Rights | Connecticut
Does Connecticut have an anti-discrimination law protecting transgender individuals from discrimination?
Yes. Since 1991, Connecticut has prohibited discrimination based on sexual orientation in public and private employment, housing, public accommodations, and credit (Conn. Gen. Stat. sec. 46a-81c to 46a-81q). In July 2011, these laws were extended to protect transgender people when Governor Malloy signed Public Act 11-55, An Act Concerning Discrimination, into law. The act, which went into effect on October 1, 2011, added “gender identity or expression” to Connecticut’s list of protected classes. For more detailed information see GLAD’s and the Connecticut Women’s Education and Legal Fund’s (CWEALF) publication, Connecticut: Legal Protections for Transgender People, at: Connecticut: Legal Protections for Transgender People
Do the laws also protect people perceived to be transgender?
Yes. Connecticut non-discrimination law defines “sexual orientation” as either “having a preference for heterosexuality, homosexuality or bisexuality, having a history of such preference or being identified with such preference…” (Conn. Gen. Stat. sec. 46a-81a (emphasis added)). This language includes discrimination based on perception. For example, if a person is fired because they are perceived to be gay, they may invoke the protection of the anti-discrimination law regardless of their actual orientation.
Similarly, the law defines “gender identity or expression” as:
[A] person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth… (Conn. Gen. Stat. sec. 46a-51(21) (emphasis added)).
How do I file a complaint of discrimination?
If you wish to file a complaint, you should contact an intake officer at one of the regional offices of the Connecticut Commission on Human Rights and Opportunities (CHRO). The intake officer will discuss your concerns, explain the complaint process, and advise you about what help CHRO may be able to provide to you. If CHRO has jurisdiction, you will be given an appointment to come to a regional office to file a complaint. The contact information for CHRO’s administrative headquarters and four regional offices is below:
ADMINISTRATIVE HEADQUARTERS 25 Sigourney Street Hartford, CT 06106 PHONE: (860) 541-3400 OR (800) 477-5737 FAX: (860) 246-5068
CAPITOL REGION OFFICE 450 Columbus Boulevard Hartford, CT 06103-1835 PHONE: (860) 566-7710 FAX: (860) 566-1997
EASTERN REGION OFFICE 100 Broadway Norwich, CT 06360 PHONE: (860) 886-5703 FAX: (860) 886-2550
WEST CENTRAL REGION OFFICE Rowland State Government Center 55 West Main Street, Suite 210 Waterbury, CT 06702-2004 PHONE: (203) 805-6530 FAX: (203) 805-6559
SOUTHWEST REGION OFFICE 350 Fairfield Avenue, 6th Floor Bridgeport, CT 06604 PHONE: (203) 579-6246 FAX: (203) 579-6950
For housing complaints, contact the Housing Discrimination Unit at (800) 477-5737 ext. 3403 or (860) 541- 3403.
The complaint must be in writing and under oath, and it must state the name and address of the individual making the complaint (“the complainant”) as well as the entity he or she is complaining against (“the respondent”). The complaint must set out the particulars of the alleged unlawful acts and (preferably) the times they occurred (Conn. Gen. Stat. sec. 46a-82). There is no charge to file a complaint.
If you are a state employee, you may file your case directly in court. State employees can skip over the CHRO process entirely.
Do I need a lawyer?
No. The process is designed to allow people to represent themselves. However, GLAD strongly encourages people to find lawyers to represent them throughout the process. Not only are there many legal rules governing the CHRO process, but employers and other defendants are likely to have legal representation.
What are the deadlines for filing a complaint of discrimination?
A complaint must generally be filed with the CHRO within 180 days of the last discriminatory act or acts (Conn. Gen. Stat. sec. 46a-82(e)). There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.
Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am transgender and Latina?
Yes. Connecticut’s employment non-discrimination laws forbid discriminating against someone because of sexual orientation or gender identity or expression as well as race, color, religious creed, age, sex, marital status, national origin, ancestry, and present or past history of mental, intellectual, learning, or physical disability (Conn. Gen. Stat. sec. 46a-60). In housing and public accommodations, the criteria are expanded to include “lawful source of income” (Conn. Gen. Stat. secs. 46a-64c; 46a-64). Housing also adds “familial status” to the list (Conn. Gen. Stat. sec. 46a-64c).
What happens after a complaint is filed with the CHRO?
When you file a complaint with the CHRO, you will be given a packet of information explaining the CHRO procedures and deadlines. Please review these and follow the deadlines.
The complaint will be served on your respondent, who must answer the complaint under oath within 30 days (10 days for a housing case). If you wish to respond or comment on your respondent’s answer, you have 15 days to do so.
Within 60 days of receiving the respondent’s answer, the CHRO will review the complaint and determine if any further investigation is necessary. This is called a merit assessment review (MAR). It is based solely on your original complaint, the answer, and any additional comments you make regarding the answer. Since many cases are dismissed at this stage of the proceedings, GLAD recommends that you reply to the respondent’s answer.
If the case is dismissed, you will be given 15 days to request the right to move your complaint from CHRO into the courts. If you do not request to remove your complaint, the CHRO will review your case and decide whether to uphold the dismissal or reinstate your complaint.
If the case is not dismissed, an investigator will be assigned and a mandatory mediation conference will be held within 60 days. If negotiations fail to produce a settlement agreeable to all parties, either party or the CHRO can request early legal intervention. The CHRO has 90 days to decide whether to grant this request. If granted, a Hearing Officer will be appointed to decide the merits of the case in a trial-type hearing
If there is no request for early legal intervention, then the investigator will continue to collect evidence and will make a determination of “reasonable cause” or “no reasonable cause.” If a finding of “reasonable cause” is made, you can request either to have the case heard at the CHRO or to move it to Superior Court. If a finding of “no reasonable cause” is made, you have 15 days to request reconsideration.
Note that in housing discrimination cases, the CHRO must complete its investigation within 100 days of filing and the final disposition within one year, unless it is impracticable to do so (For sexual orientation Conn. Gen. Stat. sec 46a-81(e) and for gender identity or expression Conn. Gen. Stat. sec. 46a-64c(f)).
What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?
Employment: hiring, reinstatement, or upgrading; back pay; restoration in a labor organization; cease and desist orders; and other relief that would fulfill the purposes of the antidiscrimination laws (e.g. training programs, posting of notices, etc.) (Conn. Gen. Stat. sec. 46a-86 (a – c)).
Housing: damages—i.e., expenses actually incurred because of unlawful action related to moving, storage, or obtaining alternate housing; cease and desist orders; reasonable attorney’s fees and costs; and other relief that would fulfill the purposes of the antidiscrimination laws (Conn. Gen. Stat. sec. 46a-86 (a, c)). The CHRO may also order civil fines to be paid to the state (Conn. Gen. Stat. sec. 46a-81e(f)).
Public Accommodations: cease and desist orders and other relief that would fulfill the purposes of the anti-discrimination laws. The CHRO may also order civil fines to be paid to the state (Conn. Gen. Stat. sec. 46a-86 (a); sec. 46a-64 (c)).
Credit: cease and desist orders and other relief that would fulfill the purposes of the anti-discrimination laws (e.g. allowing person to apply for credit on non-discriminatory terms) (Conn. Gen. Stat. sec. 46a-86 (a); sec. 46a-98 (outlining additional damages available for cases filed in Superior Court within one year of discriminatory act)).
Note that when cases are filed in court, emotional distress damages and attorneys’ fees are also available to a successful complainant. These are not available from the CHRO (See Bridgeport Hospital v. CHRO, 232 Conn. 91 (1995); Delvecchio v. Griggs & Browne Co., Inc., 2000 Conn. Super. LEXIS 1149 (April 17, 2000)(“The CHRO is without authority to award a prevailing party attorneys’ fees, punitive or compensatory damages or damages for emotional distress.”)).
Should I take my case away from the CHRO and file in court? How do I do so?
This is a decision you should make with your lawyer. Greater damages are available to you in state court than at the CHRO, including emotional distress damages and attorney’s fees.
To sue an entity in state court as opposed to the CHRO, you must follow several steps and meet various deadlines (Conn. Gen. Stat. sec. 46a-101 to 46a-102).
- Your complaint must have been filed on time at the CHRO (i.e., within 180 days of the last act of discrimination);
- Your complaint must have been pending with the CHRO more than 180 days (although if you and your employer agree to request the case’s removal to court, you may do so before the 180 days elapse) or the merit assessment review must have been completed;
- You must request a release of your complaint from the CHRO for the purpose of filing a court action, which the CHRO must grant except when the case is scheduled for public hearing, or they believe the complaint can be resolved within 30 days;
- You must file your court action within 2 years of the date of filing your complaint with the CHRO; and
- You must file your court action within 90 days after you receive a release from the CHRO to file your case in court.
Can I also file a discrimination complaint with a federal agency?
Yes, in many cases. Since federal law and state law contain overlapping provisions, someone bringing a discrimination claim may sometimes pursue protections under both. For example, the federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees and forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status).
While Title VII does not expressly forbid discrimination based on sexual orientation or gender identity, a growing number of courts and government agencies have taken the position that its proscription against sex discrimination encompasses both (See, e.g., United States & Dr. Rachel Tudor v. Southeastern Oklahoma State University, 2015 U.S. Dist. LEXIS 89547 (2015) (denying motion to dismiss professor’s Title VII complaint that school had subjected her to a hostile work environment based on her gender identity)). In two separate decisions in 2012 and 2016, the EEOC itself concluded that sexual orientation discrimination, gender identity discrimination, and sex discrimination are one and the same, since the latter two are based on preferences, assumptions, expectations, stereotypes, and norms associated with masculinity and femininity (See Macy v. Holder, EEOC Appeal No. 0120120821 (Apr. 20, 2012); Baldwin v. Foxx, EEOC Appeal No. 0120133080 (July 15, 2015)). Although the EEOC’s decisions are not binding on the courts, many have used similar reasoning in affirming Title VII’s applicability to discrimination based on gender identity and sexual orientation (See, e.g., Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004) (holding that Title VII prohibits discrimination against transgender people based on gender stereotyping); Videckis v. Pepperdine Univ., 150 F. Supp. 3d 1151, 1160 (C.D. Cal. 2015) (holding “sexual orientation discrimination is a form of sex or gender discrimination”)).
LGBT people who are discriminated against in housing may also be able to file a complaint with the federal Department of Housing and Urban Development (HUD) in addition to CHRO. For more information go to: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing _equal_opp/LGBT_Housing_Discrimination.
Should I file a complaint with a federal agency?
GLAD recommends that, where there may be overlapping state and federal jurisdiction, you explore filing with CHRO first but keep in mind the possibility of pursuing a federal claim as well. Federal complaints must be filed within 180 days of the discriminatory act with the Equal Employment Opportunity Commission (EEOC). However, if you initially institute your complaint with CHRO and indicate that you wish to have the complaint cross-filed with the EEOC, then the time limit is extended to the earlier of 300 days or 30 days after CHRO has terminated the case (United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.)
If you have a sexual orientation or gender identity complaint, you should check off “sex” as well as “sexual orientation” or “gender identity” as the bases for your claim and request that CHRO cross-file your complaint with the EEOC.
Are there other options for filing a complaint for discrimination?
Possibly yes, depending on the facts of your particular situation.
Union: If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge, or other job-related actions. If you obtain relief under your contract, you may even decide not to pursue other remedies. Get and read a copy of your contract and contact a union steward about filing a complaint. Deadlines in contracts are strict. Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of duty of fair representation.
State or Federal Court: After filing with the CHRO, EEOC, or both, you may decide to remove your discrimination case from those agencies and file in court. There are rules about when and how this must be done as discussed above.
In addition, you may wish to bring a court case to address other claims which are not appropriately handled by discrimination agencies. For example, if you are fired in violation of a contract, fired without the progressive discipline promised in a handbook, or fired for doing something your employer doesn’t like but which the law requires, these matters are beyond the scope of what the agencies can investigate and the matter should be pursued in court. Similarly, if your claim involves a violation of constitutional rights—for instance, if you are a teacher or governmental employee who believes his or her free speech or equal protection rights were violated—then those matters must also be heard in court.
What can I do if my employer fires me or my landlord threatens me for filing a complaint of discrimination?
It is illegal for your employer or landlord to retaliate or punish you because you filed a complaint. If they do so, you can file an additional complaint against them for retaliation. “Retaliation” protections cover those who have filed complaints, testified or assisted in the complaint process, or opposed any discriminatory employment practice (Conn. Gen. Stat. secs. 46a-60 (4); 46a-64c(a)(9)).
What can I do to prepare myself before filing a complaint of discrimination?
Contact GLAD Answers at www.GLADAnswers.org or by phone at 1-800-455-4523 (GLAD) any weekday to discuss options.
As a general matter, people who are still working with or residing under discriminatory conditions have to evaluate how filing a case will affect their job or housing, and if they are willing to assume those possible consequences. Even if you have been fired or evicted, you may decide it is not worth it to pursue a discrimination claim. This is an individual choice which should be made after gathering enough information to make an informed decision. Some people prefer to meet with an attorney to evaluate the strength of their claims. It is always helpful to bring the attorney an outline of what happened on the job that you are complaining about, organized by date and with an explanation of who the various players are (and how to get in touch with them). Try to have on hand copies of your employee handbooks or personnel manuals, as well as any contracts, job evaluations, memos, discharge letters and the like. If you are concerned about a housing matter, bring a copy of your lease, along with any notices and letters you have received from your landlord.
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