Monthly Newsletter

 EMPLOYMENT AND LABOR NEWS

 Mickey Busca, editor

 September, 2010

CHRO RELEASES ANNUAL REPORT OF DISCRIMINATION COMPLAINTS

     The Connecticut Commission on Human Rights and Opportunities (CHRO) recently released its annual report of the employment discrimination cases it has processed from July 1, 2009 to June 30, 2010.   The CHRO is the state agency charged with investigating complaints of employment and housing discrimination.  Before instituting a lawsuit in state or federal court, it is necessary to process a complaint before this state agency.

     Of the 1971 complaints filed throughout Connecticut, twenty-two (22%) percent were filed in the Eastern Region covering New London County.  Of the total complaints filed, eighty-eight (88%) involved  complaints of employment discrimination.  The three highest categories of employment discrimination involved complaints of race, sexual harassment and age discrimination.  The largest number of complaints concerned employment discharge.

CHRO Human Rights Referee Dismisses Case for Failing To Attend Scheduling Conference

     In a decision released July 23, 2010, a CHRO Human Rights Referee imposed the most harshest of sanctions that is seldom exercised by the courts, except for cases of egregious irresponsibility:  the dismissal of the case.

     In the case CHRO ex. rel Nemeth v. Westport Big & Tall, Inc., the human right referee dismissed the CHRO complaint because the employee's attorney failed to attend a scheduling hearing conference, even though she had notified the referee that she would be in Florida on the specific date and said she could participate by telephone.  In addition, the referee faulted the attorney for failing to copy the CHRO's counsel.

     Even though the human rights referees operate independently from the CHRO as adjudicators, this is yet another example of a government irresponsibility and arrogance that will be associated with the CHRO.  Plaintiff's attorneys already know that if their case survives the Merit Assessment Review process, there is little chance of any meaningful investigation at the CHRO.  The case will languish at the CHRO for the statutory 210 days before the attorney will seek a "Right To Sue" and put the case into suit.   Both employers and employees suffer when the government agencies charged to enforce employment discrimination laws act in such perfunctory manner.