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Discrimination | Public Accommodations | Connecticut

Connecticut Public Accommodations Q&A

What is a “place of public accommodation?”

A place of public accommodation is “any establishment which caters or offers its services or facilities or goods to the general public” (Conn. Gen. Stat. sec. 46a-63(1)). This definition is intentionally broad and includes hotels, restaurants, rest areas, hospitals, and Connecticut public schools. The Connecticut Commission on Human Rights and Opportunities (CHRO) views public schools and public colleges as public accommodations.

Does Connecticut have an anti-discrimination law protecting LGBT individuals from discrimination in places of public accommodation?

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. 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Do the laws also protect people perceived to be LGBT in places of public accommodation?

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)).

What does the law say about discrimination in places of public accommodation?

Such places may not deny full and equal accommodations or discriminate in any way because of a person’s sexual orientation (Conn. Gen. Stat. sec. 46a-81d), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-64(a) (1) & (2)).

A specific law also forbids discrimination at golf clubs on the basis of race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation (Conn. Gen. Stat. sec. 52-571d (b) & (c)). If you are denied membership or access to a golf club on the basis of any of the above, you may file a complaint in Superior Court to restrain further violations and recover damages of at least $250, plus costs and attorney’s fees (Conn. Gen. Stat. sec. 52-571d (g)).

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

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.

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 the defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once?

Yes. Connecticut’s public accommodations 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, disability, lawful source of income or veteran status (Conn. Gen. Stat. sec. 46a-64).

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. 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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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)).

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.

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending.  Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release.  After issuing the release, the Commission will dismiss the complaint and close the case. 

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.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

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, organized by date and with an explanation of who the various players are (and how to get in touch with them). GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHRO complaint process see:

• How to File a Discrimination Complaint
• Complaint Processing

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Connecticut, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

News & Press Releases

To see news and press releases about Discrimination in Connecticut, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

Discrimination | Credit, Lending & Services | Connecticut

Connecticut Credit, Lending & Services Q&A

Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in credit, lending and services?

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. 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Do the laws also protect people perceived to be LGBTQ+ in credit, lending and services?

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)).

What protections exist under Connecticut anti-discrimination law with regard to credit?

Any person who “regularly extends or arranges for the extension of credit” for which interest or finance charges are imposed—e.g. a bank, credit union, or other financial institution—may not discriminate on the basis of sexual orientation (Conn. Gen. Stat. sec. 46a-81f) or gender identity or expression (Conn. Gen. Stat. sec. 46a-66(a)) in any credit transaction.

Example: GLAD brought and settled a claim against a credit union which refused to allow an effeminate looking man from applying for a loan until he came back looking more masculine. A federal court ruled that this stated a claim of sex discrimination (Rosa v. Park West Bank, 214 F.3d 213 (1st Cir. 2000)).

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

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 banks and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once?

Yes. Connecticut’s credit 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 or veteran status (Conn. Gen. Stat. sec. 46a-66).

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. 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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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 the prevailing party’s 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.

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending. Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release. After issuing the release, the Commission will dismiss the complaint and close the case. 

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.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

• State or Federal Court: 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.
• Connecticut Department of Banking: You can file a complaint with the Department of Banking. For more information see: Online eLicensing Instructions 

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened on the job that you are complaining about. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHRO complaint process see:

• How to File a Discrimination Complaint
• Complaint Processing

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For more information about filing a complaint with the Connecticut Department of Banking, see: Online eLicensing Instructions

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Connecticut, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

News & Press Releases

To see news and press releases about Discrimination in Connecticut, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

Discrimination | Employment | Connecticut

Connecticut Employment Q&A

Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?

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.

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: https://www.glad.org/issues/hivaids/.

Do the laws also protect people perceived to be LGBTQ+ in employment?

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)).

What do the employment provisions say? Who do they apply to?

The non-discrimination law applies to public and private employees. It forbids employers from refusing to hire a person, discharging them, or discriminating against them “in compensation, or in terms, conditions or privileges of employment” because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(1)) or gender identity or expression (Conn. Gen. Stat. sec. 46a-60(a)(1)). This covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment, and different treatment of the employee and similarly situated co-workers.

In addition, employment agencies may not discriminate based on sexual orientation (Conn. Gen. Stat. sec. 46a-81c(2)), gender identity, or gender expression (Conn. Gen. Stat. sec.c. 46a-60(a)(2)), either by refusing to properly classify or refer their customers for employment or in general. Labor organizations (e.g. unions) similarly may not discriminate (Conn. Gen. Stat. sec. 46a-81c(3); Conn. Gen. Stat. sec. 46a-60(a)(3)). The law also forbids all of these entities from advertising in such a way as to restrict employment because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(4)), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-60(a)(6)).

Finally, the State of Connecticut and its agencies are forbidden from discriminating based on sexual orientation (see generally Conn. Gen. Stat. secs. 46a-81g to 46a-81o) and gender identity or expression (see generally Conn. Gen. Stat. secs 46a-70 & 46a-71), both in their own employment practices as well as in their provision of services. The law also imposes an affirmative obligation on state agencies to adopt rules to enforce the non-discrimination provisions and to establish training programs. Contractors and subcontractors who provide services to the state must certify in writing that they will not discriminate when fulfilling the contract terms.

Effective June 7, 2016, Connecticut added sexual orientation and gender identity or expression, as well as religion, sex and national origin, as protected categories under its law banning discrimination in membership, unit formation, promotion or accommodations in “the armed forces of the state” (Conn. Gen. Stat. sec. 27-59).

Does the law apply to every employer in Connecticut?

No. As broad as the law is, there are several exemptions to its application.

• Employers with fewer than 3 employees are not subject to the law (Conn. Gen. Stat. sec. 46a-51(10)).
• Certain religious employers are also exempt. See below on Religious Exemption to the Prohibitions on Sexual Orientation And Gender Identity Discrimination.
• Any employer, agency, or labor organization may defend against a discrimination claim by arguing that it is a “bona fide occupational qualification” of the particular job to have a non-LGBTQ+ employee fill it (Conn. Gen. Stat. secs. 46a-81c; 46a-60 generally). Luckily, although this defense is technically allowed by law, it is strictly applied and rarely successful (see, e.g. The Evening Sentinel et al. v. National Organization for Women, 168 Conn. 26, 36 (1975) (“A BFOQ exists only if no member of the class excluded is physically capable of performing the tasks required by the job”); Conn. Institute for the Blind v. CHRO, 176 Conn. 88 (1978) (“The standard for a BFOQ purposely imposes a heavy burden on an employer whose refusal to hire is prima facie discriminatory”)).
• The ROTC (Reserve Officer Training Corps) program, which is established under federal law to provide officers to the U.S. military, may continue to discriminate in its “conduct and administration” at colleges and universities (Conn. Gen. Stat.  sec. 46a-81q.  It is worth noting that LGBTQ+ individuals are no longer excluded from the military and ROTC programs; and effective 2021 transgender individuals can serve in the military and will be allowed participation in ROTC.

Does Connecticut law forbid sexual harassment on the job?

Yes. Connecticut law defines sexual harassment as:

Unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment (Conn. Gen. Stat. sec. 46a-60(a)(8)).

Can I file a complaint of sexual harassment if I’m LGBTQ+?

Yes. It is just as unlawful to sexually harass an LGBTQ+ individual as it is to harass anyone else. Some harassment is specifically anti-LGBTQ+, and may be more fairly characterized as harassment on the basis of sexual orientation or gender identity. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Both types of harassment can happen to the same person, and both are forbidden.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws on various occasions:

1.  (Compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998) (man can sue for sexual harassment by other men under federal sexual harassment laws);
2.  Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997) (same-sex sexual harassment forbidden under state law)).

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

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. 

GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian 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).

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. 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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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)).

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.

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending. Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release. After issuing the release, the Commission will dismiss the complaint and close the case. 

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. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees. 

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

However, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020, see: 17-1618 Bostock v. Clayton County (06/15/2020)), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on sex-based discrimination. For more information on how the EEOC enforces discrimination against LGBTQ+ employees, see: Sexual Orientation and Gender Identity (SOGI) Discrimination | US Equal Employment Opportunity Commission.

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. 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.

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 (34 United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.)

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

1. 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.
2. 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 for filing a complaint of discrimination?

It is illegal for your employer 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 by filling out the email form at https://www.glad.org/know-your-rights/glad-answers/ or by phone at 800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job, and if they are willing to assume those possible consequences. Even if you have been fired, 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. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

 

Resources

For more information about the CHRO complaint process see:

• https://portal.ct.gov/CHRO/Complaint-Process/Complaint-Process/How-to-File-a-Discrimination-Complaint
• https://portal.ct.gov/CHRO/Complaint-Process/Complaint-Process/Complaint-Processing

 

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For more information about filing an EEOC discrimination complaint see: https://www.eeoc.gov/how-file-charge-employment-discrimination.

 

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Connecticut, go to: https://www.glad.org/our-impact/cases/ and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

 

News & Press Releases

To see news and press releases about Discrimination in Connecticut, go to: https://www.glad.org/news/news-press/ and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

 

Discrimination | Housing | Connecticut

Does Connecticut have an anti-discrimination law protecting LGBT individuals from discrimination in housing?

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. 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Do the laws also protect people perceived to be LGBTQ+ in housing?

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)).

What is prohibited by the housing anti-discrimination law in Connecticut?

The housing laws are intended to prohibit discrimination in transactions related to public and private residential housing, including listing, buying, selling, renting, and financing, whether for profit or not (Conn. Gen. Stat. sec. 46a-64c(a)(1) & (2)). Other practices are forbidden, too, including discriminatory advertising, misrepresenting the availability of a dwelling, denying access to a multiple listing service, or altering the terms of a transaction because of sexual orientation, gender identity, or gender expression (see generally, Conn. Gen. Stat. sec. 46a-64c).

Are any landlords exempt from the housing anti-discrimination law?

Owner-occupied buildings with four units or less are not subject to the sexual orientation portion of the law, and owner-occupied buildings with two units are not subject to the gender identity or expression aspect of the law (Conn. Gen. Stat. sec. 46a-64c (b)(1)(B)).

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 landlords and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once, for example, if I believe I was evicted both because I am a lesbian and Latina?

Yes. Connecticut’s housing 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, disability, lawful source of income, familial status and veteran status (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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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 anti-discrimination 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)).

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).

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending. Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release. After issuing the release, the Commission will dismiss the complaint and close the case. 

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. Persons who identify as LGBTQ and believe they have experienced housing discrimination because of their actual or perceived sexual orientation or gender identity can assert their rights under the Fair Housing Act by filing a complaint with the U.S. Department of Housing and Urban Development (HUD). You can find more detailed information about the protections HUD provides to LGBTQ people here: Housing Discrimination and Persons Identifying as Lesbian, Gay, Bisexual, Transgender, and/or Queer/Questioning (LGBTQ)

There is information about filing a housing discrimination complaint with HUD here: File a Complaint – Main Page | HUD.gov / US Department of Housing and Urban Development (HUD).

The form for submitting a complaint can be found here: https://www.hud.gov/sites/documents/DOC_12150.PDF. 

HUD views LGBTQ discrimination as a form of “sex” discrimination, so if you have a sexual orientation or gender identity complaint, you should indicate “sex” as the discrimination factor.

A HUD complaint must be filed within one year of the last act of discrimination. The statute of limitations for bringing fair housing complaints in federal courts is not later than two years after the occurrence or the termination of an alleged discriminatory housing practice. However, if an administrative case is filed with HUD, the statute of limitations is tolled during the period of time in which HUD is evaluating the complaint. In English, what that means is that the time HUD has the case does not count when calculating the two year statute of limitations.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

State or Federal Court: After filing with the CHRO, HUD, 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. In addition, you may wish to bring a court case to address other claims which are not appropriately handled by discrimination agencies, e.g. if you landlord is not meeting his obligation to provide a safe living space. 

What can I do if my landlord threatens me for filing a complaint of discrimination?

It is illegal for your 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 by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still residing under discriminatory conditions have to evaluate how filing a case will affect their housing, and if they are willing to assume those possible consequences. Even if you have been 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, organized by date and with an explanation of who the various players are (and how to get in touch with them). Bring a copy of your lease, along with any notices and letters you have received from your landlord. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHRO complaint process see:

• How to File a Discrimination Complaint
• Complaint Processing

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For information about the HUD complaint process see:

Learn About the FHEO Complaint and Investigation Process | HUD.gov / US Department of Housing and Urban Development (HUD)

 

Discrimination | Employment | Connecticut

Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in employment?

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.

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: https://www.glad.org/issues/hivaids/.

Do the laws also protect people perceived to be LGBTQ+ in employment?

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)).

What do the employment provisions say? Who do they apply to?

The non-discrimination law applies to public and private employees. It forbids employers from refusing to hire a person, discharging them, or discriminating against them “in compensation, or in terms, conditions or privileges of employment” because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(1)) or gender identity or expression (Conn. Gen. Stat. sec. 46a-60(a)(1)). This covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment, and different treatment of the employee and similarly situated co-workers.

In addition, employment agencies may not discriminate based on sexual orientation (Conn. Gen. Stat. sec. 46a-81c(2)), gender identity, or gender expression (Conn. Gen. Stat. sec.c. 46a-60(a)(2)), either by refusing to properly classify or refer their customers for employment or in general. Labor organizations (e.g. unions) similarly may not discriminate (Conn. Gen. Stat. sec. 46a-81c(3); Conn. Gen. Stat. sec. 46a-60(a)(3)). The law also forbids all of these entities from advertising in such a way as to restrict employment because of sexual orientation (Conn. Gen. Stat. sec. 46a-81c(4)), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-60(a)(6)).

Finally, the State of Connecticut and its agencies are forbidden from discriminating based on sexual orientation (see generally Conn. Gen. Stat. secs. 46a-81g to 46a-81o) and gender identity or expression (see generally Conn. Gen. Stat. secs 46a-70 & 46a-71), both in their own employment practices as well as in their provision of services. The law also imposes an affirmative obligation on state agencies to adopt rules to enforce the non-discrimination provisions and to establish training programs. Contractors and subcontractors who provide services to the state must certify in writing that they will not discriminate when fulfilling the contract terms.

Effective June 7, 2016, Connecticut added sexual orientation and gender identity or expression, as well as religion, sex and national origin, as protected categories under its law banning discrimination in membership, unit formation, promotion or accommodations in “the armed forces of the state” (Conn. Gen. Stat. sec. 27-59).

Does the law apply to every employer in Connecticut?

No. As broad as the law is, there are several exemptions to its application.

• Employers with fewer than 3 employees are not subject to the law (Conn. Gen. Stat. sec. 46a-51(10)).
• Certain religious employers are also exempt. See below on Religious Exemption to the Prohibitions on Sexual Orientation And Gender Identity Discrimination.
• Any employer, agency, or labor organization may defend against a discrimination claim by arguing that it is a “bona fide occupational qualification” of the particular job to have a non-LGBTQ+ employee fill it (Conn. Gen. Stat. secs. 46a-81c; 46a-60 generally). Luckily, although this defense is technically allowed by law, it is strictly applied and rarely successful (see, e.g. The Evening Sentinel et al. v. National Organization for Women, 168 Conn. 26, 36 (1975) (“A BFOQ exists only if no member of the class excluded is physically capable of performing the tasks required by the job”); Conn. Institute for the Blind v. CHRO, 176 Conn. 88 (1978) (“The standard for a BFOQ purposely imposes a heavy burden on an employer whose refusal to hire is prima facie discriminatory”)).
• The ROTC (Reserve Officer Training Corps) program, which is established under federal law to provide officers to the U.S. military, may continue to discriminate in its “conduct and administration” at colleges and universities (Conn. Gen. Stat.  sec. 46a-81q.  It is worth noting that LGBTQ+ individuals are no longer excluded from the military and ROTC programs; and effective 2021 transgender individuals can serve in the military and will be allowed participation in ROTC.

Does Connecticut law forbid sexual harassment on the job?

Yes. Connecticut law defines sexual harassment as:

Unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment (Conn. Gen. Stat. sec. 46a-60(a)(8)).

Can I file a complaint of sexual harassment if I’m LGBTQ+?

Yes. It is just as unlawful to sexually harass an LGBTQ+ individual as it is to harass anyone else. Some harassment is specifically anti-LGBTQ+, and may be more fairly characterized as harassment on the basis of sexual orientation or gender identity. Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.” Both types of harassment can happen to the same person, and both are forbidden.

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws on various occasions:

1.  (Compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998) (man can sue for sexual harassment by other men under federal sexual harassment laws);
2.  Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997) (same-sex sexual harassment forbidden under state law)).

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

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. 

GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian 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).

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. 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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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 anti-discrimination laws (e.g. training programs, posting of notices, etc.) (Conn. Gen. Stat. sec. 46a-86 (a – c)).

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.

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending. Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release. After issuing the release, the Commission will dismiss the complaint and close the case. 

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. Federal employment non-discrimination law, called Title VII, applies to employers with at least 15 employees. 

Someone who brings a claim of discrimination may sometimes pursue protections under both state and federal law. This is true because there may be overlapping provisions of state and federal law. For example, Title VII forbids employment discrimination based on race, sex, age, religion, and disability (which includes HIV status), but does not expressly forbid discrimination based on “sexual orientation” or “gender identity.”

However, in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020, see: 17-1618 Bostock v. Clayton County (06/15/2020)), the Supreme Court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s prohibition on sex-based discrimination. For more information on how the EEOC enforces discrimination against LGBTQ+ employees, see: Sexual Orientation and Gender Identity (SOGI) Discrimination | US Equal Employment Opportunity Commission.

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. 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.

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 (34 United States Code 42 sec. 2000e-5(e)(1)). (People who work for federal agencies are beyond the scope of this publication.)

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

1. 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.
2. 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 for filing a complaint of discrimination?

It is illegal for your employer 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 by filling out the email form at https://www.glad.org/know-your-rights/glad-answers/ or by phone at 800-455-4523 (GLAD) to discuss options.

As a general matter, people who are still working under discriminatory conditions have to evaluate how filing a case will affect their job, and if they are willing to assume those possible consequences. Even if you have been fired, 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. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHRO complaint process see:

• https://portal.ct.gov/CHRO/Complaint-Process/Complaint-Process/How-to-File-a-Discrimination-Complaint
• https://portal.ct.gov/CHRO/Complaint-Process/Complaint-Process/Complaint-Processing

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For more information about filing an EEOC discrimination complaint see: https://www.eeoc.gov/how-file-charge-employment-discrimination.

 

Discrimination | Credit, Lending & Services | Connecticut

Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in credit, lending and services?

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. 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Do the laws also protect people perceived to be LGBTQ+ in credit, lending and services?

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)).

What protections exist under Connecticut anti-discrimination law with regard to credit?

Any person who “regularly extends or arranges for the extension of credit” for which interest or finance charges are imposed—e.g. a bank, credit union, or other financial institution—may not discriminate on the basis of sexual orientation (Conn. Gen. Stat. sec. 46a-81f) or gender identity or expression (Conn. Gen. Stat. sec. 46a-66(a)) in any credit transaction.

Example: GLAD brought and settled a claim against a credit union which refused to allow an effeminate looking man from applying for a loan until he came back looking more masculine. A federal court ruled that this stated a claim of sex discrimination (Rosa v. Park West Bank, 214 F.3d 213 (1st Cir. 2000)).

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

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 banks and other defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once?

Yes. Connecticut’s credit 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 or veteran status (Conn. Gen. Stat. sec. 46a-66).

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. 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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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 the prevailing party’s 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.

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending. Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release. After issuing the release, the Commission will dismiss the complaint and close the case. 

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.

Are there other options for filing a complaint for discrimination?

Possibly yes, depending on the facts of your particular situation.

• State or Federal Court: 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.
• Connecticut Department of Banking: You can file a complaint with the Department of Banking. For more information see: Online eLicensing Instructions 

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 1-800-455-4523 (GLAD) to discuss options.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case. It is always helpful if you bring to your attorney an outline or diary of what happened on the job that you are complaining about. It is best if the information is organized by date and explains who the various players are (and how to get in touch with them), as well as what happened, who said what, and who was present for any important conversations or incidents. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHRO complaint process see:

• How to File a Discrimination Complaint
• Complaint Processing

For information about discrimination protections for people living with HIV, see: https://www.glad.org/issues/hivaids/.

For more information about filing a complaint with the Connecticut Department of Banking, see: Online eLicensing Instructions

 

Discrimination | Public Accommodations | Connecticut

What is a “place of public accommodation?”

A place of public accommodation is “any establishment which caters or offers its services or facilities or goods to the general public” (Conn. Gen. Stat. sec. 46a-63(1)). This definition is intentionally broad and includes hotels, restaurants, rest areas, hospitals, and Connecticut public schools. The Connecticut Commission on Human Rights and Opportunities (CHRO) views public schools and public colleges as public accommodations.

Does Connecticut have an anti-discrimination law protecting LGBTQ+ individuals from discrimination in places of public accommodation?

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. 

These laws also prohibit discrimination against people living with HIV based on disability. For more information, see: HIV/AIDS – Know Your Rights – GLAD.

Do the laws also protect people perceived to be LGBTQ+ in places of public accommodation?

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)).

What does the law say about discrimination in places of public accommodation?

Such places may not deny full and equal accommodations or discriminate in any way because of a person’s sexual orientation (Conn. Gen. Stat. sec. 46a-81d), gender identity, or gender expression (Conn. Gen. Stat. sec. 46a-64(a) (1) & (2)).

A specific law also forbids discrimination at golf clubs on the basis of race, religion, color, national origin, ancestry, sex, gender identity or expression, marital status or sexual orientation (Conn. Gen. Stat. sec. 52-571d (b) & (c)). If you are denied membership or access to a golf club on the basis of any of the above, you may file a complaint in Superior Court to restrain further violations and recover damages of at least $250, plus costs and attorney’s fees (Conn. Gen. Stat. sec. 52-571d (g)).

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

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.

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 the defendants are likely to have legal representation. GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

What are the deadlines for filing a complaint of discrimination?

A complaint must generally be filed with the CHRO within 300 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. Note: Until 2019, complaints needed to be filed within 180 days of the last discrimination act or acts.

Can I file more than one type of discrimination complaint at once?

Yes. Connecticut’s public accommodations 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, disability, lawful source of income or veteran status (Conn. Gen. Stat. sec. 46a-64).

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. 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.

What are the legal remedies the CHRO may award for discrimination if an individual wins their case there?

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)).

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.

Complainants are no longer required to have their cases heard by the Commission. The complainant and the respondent may jointly request a release of jurisdiction at any time after a complaint is filed with the Commission. 

After 180 days from the filing of the complaint, the complainant may request a release of jurisdiction if the complaint is still pending.  Prior to 180 days, the complainant may request that the Commission conduct an expedited case assessment review and issue a release after case assessment is done. The Commission has 10 business days to issue the release.  After issuing the release, the Commission will dismiss the complaint and close the case. 

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.

What can I do to prepare myself before filing a complaint of discrimination?

Contact GLAD Answers by filling out the email form at GLAD Answers or by phone at 800-455-4523 (GLAD) to discuss options.

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, organized by date and with an explanation of who the various players are (and how to get in touch with them). GLAD Answers can provide referrals to attorneys in GLAD’s Lawyer Referral Service.

Resources

For more information about the CHRO complaint process see:

• How to File a Discrimination Complaint
• Complaint Processing

For information about discrimination protections for people living with HIV, see: HIV/AIDS – Know Your Rights – GLAD

Cases & Advocacy

To see Discrimination cases or advocacy which GLAD has been directly involved with in Connecticut, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

News & Press Releases

To see news and press releases about Discrimination in Connecticut, go to: News & Press Releases – GLAD and under “By Issue” click on “Discrimination” and under “By Location” click on “Connecticut.”

Violence & Harassment | Hate Crimes & Harassment | Connecticut

Does Connecticut have a hate crimes law?

Yes. Connecticut has a number of hate crimes statutes that enhance criminal penalties for bias crimes and also allow an injured person to sue for monetary damages. Connecticut’s main hate crimes law sets out sentencing enhancements for hate crimes based on actual or perceived race, religion, ethnicity, disability, sexual orientation, and gender identity and expression depending on their severity (Conn. Gen. Stat. sec. 53a-181i – 181l). In order to track hate crimes, the State Police maintains a reporting system so that incidents are centrally recorded (see Conn. Gen. Stat. sec. 29-7m).

How does the law define what is a hate crime?

Connecticut’s sentencing enhancements for hate crimes apply when a perpetrator commits a crime with the specific intent to harass or intimidate an individual because of their actual or perceived race, religion, ethnicity, disability, sexual orientation, gender identity, or gender expression (Conn. Gen. Stat. sec. 53a-181j(a)). In other words, the perpetrator selects his victim out of bigotry.

If those prerequisites are shown, a sliding scale of sentencing enhancements applies:

1. If the attacker “causes serious physical injury” to a person, the crime is a Class C Felony (Conn. Gen. Stat. sec. 53a-181j(b)).
2. If the attacker either: (1) causes any physical contact with their victim; (2) damages, destroys, or defaces their victim’s property or personal affects; or (3) credibly threatens to do either (1) or (2), the crime is a Class D Felony (Conn. Gen. Stat. sec. 53a-181k).
3. If the attacker is found to act without malice, but nonetheless either: (1) damages, destroys, or defaces their victim’s property or personal affects; (2) credibly threatens to damage, destroy, or deface their victim’s property or personal affects, or encourages another person to do so, the crime is a Class A Misdemeanor (Conn. Gen. Stat. sec. 53a-181l).

Another provision of Connecticut law applies enhanced penalties to perpetrators who repeatedly commit hate crimes (Conn. Gen. Stat. sec. 53a-40a).

There are also specific laws concerning the desecration of religious sites and cross burning which are beyond the scope of this document (see e.g. Conn. Gen. Stat. sec. 46a-58).

How do I know if an attack was a hate crime?

Trust your gut and report to the police all the details of any possible hate crime. If you leave out the details about bias, the police will have no way of knowing that the crime may be a hate crime. Law enforcement officials tend to use the following as guideposts for determining whether or not a crime is a hate crime.

• Did the attacker use anti-LGBT language or slurs?
• Was the victim in an area associated with LGBT people (e.g. outside a gay bar, at a Pride parade location, at a cruising area)?
• Have there been similar crimes in the area?
• Was the victim identified and targeted because of appearance or behavior (e.g., holding hands with a same-sex partner, wearing a Pride flag)
• Did the attack occur regardless of economic motive (i.e., was the victim attacked but not robbed)?

What other options do I have if I think I have been a victim of a hate crime?

If you have been injured or if your property has been damaged, you may file a civil action against your attacker in addition to pursuing your rights in the criminal justice system (Conn. Gen. Stat. sec 52-571c). This action must be filed within three years of the date of the crime. If you prevail in court, the judge will award you triple damages and may also decide to grant equitable relief (such as an injunction ordering the attacker to stay away from you) and attorney’s fees (Id).

In what ways might the federal hate crimes law help to investigate and prosecute hate crimes?

The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (see H.R. 2647 at Text – S.909 – 111th Congress (2009-2010): Matthew Shepard Hate Crimes Prevention Act) was passed by Congress on October 22, 2009 and was signed into law by President Obama on October 28, 2009. It expands the 1969 United States federal hate crime law to include crimes motivated by a victim’s actual or perceived gender, sexual orientation, gender identity or disability.

First, and perhaps foremost, the Act allows local and state law enforcement agencies to apply for the following federal assistance from the U.S. Attorney General:

• investigative, technical, forensic or prosecutorial support for criminal investigations and prosecutions,
• grants for extraordinary expenses associated with the investigation and prosecution of hate crimes, and
• grants to combat hate crimes committed by juveniles.

In providing assistance to local and state authorities, the priorities are hate crimes:

• where the offender(s) has committed crimes in more than one state, or
• that occur in rural areas which do not have the resources needed to prosecute such crimes.

Second, for hate crimes that in some way involve crossing state or national borders, or involve or affect interstate commerce, and where a state does not have jurisdiction or has requested federal assumption of jurisdiction, or where the federal government feels that justice has not been served or that U.S. prosecution is in the public interest, the Act authorizes the federal government to prosecute the case.

The Act also requires the Federal Bureau of Investigation to track statistics on hate crimes on the basis of gender and gender identity (statistics for the other groups are already tracked) and on crimes committed by and against juveniles. This is the first federal law to explicitly extend legal protections to transgender persons.

Does Connecticut have a law to protect public school students from bullying?

Yes. See the topic area “Rights & Protections” in the Issue Area “Youth.”

Resources

U.S. Department of Justice information about Connecticut Hate Crimes: https://www.justice.gov/hatecrimes/state-specific-information/connecticut

The Connecticut Attorney General’s powers have been extended to violations of civil rights, see: Attorney General Tong Applauds Signing of Bill to Strengthen Civil Rights Enforcement in Connecticut

Violence & Harassment | Intimate Partner Violence | Connecticut

What is domestic violence?

Connecticut law defines domestic abuse or “family violence” as: (1) an act that results in physical harm, bodily injury, or assault; or (2) a violent threat that causes fear of imminent physical harm, bodily injury, or assault (Conn. Gen. Stat. sec. 46b-38a(1)). Verbal threats by themselves do not trigger the law’s protections unless there is “a present danger and the likelihood that physical violence will occur.”

Do domestic violence laws apply to people in same-sex relationships?

Yes, depending on how serious you and your partner are or were. Connecticut’s family violence law applies to abuse between “family or household members,” a definition which includes spouses and ex- spouses, people are or were residing in the same household, people who have a child together, and people who are in or have recently been in a dating relationship (Conn. Gen. Stat. sec. 46b-38a(2)).

How do I get a court order protecting me from an abusive partner?

You can get a court order from the Family Court, which will prohibit the abuser from coming near you or your home, or from harassing you any further (Conn. Gen. Stat. sec. 46b-15(b)). It may also include temporary custody or visitation rights, protections for your children, and protections for any animals you may own (Id). An order will only be issued if the court finds you have been subjected to “a continuous threat of present physical pain and injury” (Conn. Gen. Stat. sec. 46b-15). Orders may be granted on an emergency basis.

The process is intended to be simple. You may go to court nearest where you live, or if you have fled your home, in the town where you used to live. You will need to fill out an application alleging “abuse” as defined above, along with an affidavit providing the details. The affidavit is signed under oath, so everything you say must be true. Try to demonstrate in as much detail as possible why you feel threatened.

The defendant/abuser must then be served with (given a copy of) the court order and notified of their right to contest the order in court. You may wish to have an attorney represent you during this part of the process, especially if you think custody or visitation issues may arise in court. You should bring with you any witnesses who can substantiate the abuse, as well as copies of threatening letters, medical records, or any other documents that can show how you have been harmed and why you are afraid. Expect to be asked questions by the judge and the attorney for the abuser/defendant. You have the same right to ask questions.

Once the order is issued, it is effective statewide. Violation of a court order is a criminal offense (see generally, Conn. Gen. Stat. sec. 46b-15 (c)). The court may grant orders of protection for up to 6 months in duration, and those orders may later be extended (Conn. Gen. Stat. sec. 46b-15(d)).

If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed.  If you don’t show up, it is possible the court will think of you as unreliable if you need legal help in the future.

There is another type of order available called a “protective” order. It is issued automatically when an assailant is arrested and requires no contact to occur between the assailant and victim.

There are other laws that prohibit stalking, harassing and trespassing which may apply to you, but are beyond the scope of this document.

What is “Jennifer’s Law”?

A domestic violence bill coined “Jennifer’s Law” in honor of New Canaan mother, Jennifer Dulos, was signed into law in 2021.

The law expands the definition of domestic violence to include “coercive control.” This means that threatening, humiliating, or intimidating acts that harm a person and deprive them of their freedom will now be considered domestic violence.

It will establish a new program to provide legal representation for domestic violence victims who file restraining orders. Those who file restraining orders will also be faced with a more efficient process, with the capability to email marshals the forms needed to serve them.

Victims of domestic violence will also now be allowed to testify remotely in court proceedings for matters such as restraining orders, protective orders, or standard criminal protective orders. The bill requires that a safe place be provided to victims of family violence in all court locations built after July 1, 2021.

For more information, see: Substitute Senate Bill No. 1091 – Public Act No. 21-78.

Where can I go to get help?

In addition to the local police, district attorney, and Superior Court you can contact:

Connecticut Coalition Against Domestic Violence (CCADV)

(860) 282-7899 or Toll-Free (888) 774-2900

www.ctcadv.org

Connecticut Alliance to End Sexual Violence

(888) 999-5545 (English Toll-Free) (888) 568-8332 (Spanish Toll-Free)

There is also a Chat option on its website: Connecticut Alliance to End Sexual Violence

Connecticut Women’s Education and Legal Fund (CWEALF)

(860) 247-6090 or (860) 524-0601

www.cwealf.org 

Domestic Violence Crisis Center

(888) 774-2900 (Toll-Free)

DOMESTIC VIOLENCE CRISIS CENTER

Does domestic violence play a role in custody decisions?

It may, but there is no law saying that it should. It is a factor which affects the best interests of the child.

Resources

Information about Connecticut Domestic Violence Laws, see: https://www.ctcadv.org/information-about-domestic-violence/ct-domestic-violence-laws/.

Connecticut Judicial Branch Domestic Violence FAQ: https://www.jud.ct.gov/faq/Domviolence.htm

Cases & Advocacy

To see Violence & Harassment cases or advocacy which GLAD has been directly involved with in Connecticut, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Connecticut.”

News & Press Releases

To see news and press releases about Violence & Harassment in Connecticut, go to: News & Press Releases – GLAD and under “By Issue” click on “Violence & Harassment” and under “By Location” click on “Connecticut.”

Updated May 2022