Senate Bill No. 446

Public Act No. 15-249
AN ACT CONCERNING DOMESTIC SERVICE AND
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.

THE

Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subdivision (9) of section 46a-51 of the general statutes isrepealed and the following is substituted in lieu thereof (EffectiveJanuary 1, 2016):(9) "Employee" means any person employed by an employer but
shall not include any individual employed by such individual's
parents, spouse or child; [, or in the domestic service of any person;]Sec. 2. Section 46a-83 of the general statutes is repealed and thefollowing is substituted in lieu thereof (Effective October 1, 2015):(a) [Within twenty] Not later than fifteen days after the date of filingof any discriminatory practice complaint pursuant to subsection (a) or(b) of section 46a-82, as amended by this act, or an amendment to suchcomplaint adding an additional respondent, the commission shall[provide] serve the respondent [by first class mail, facsimile machine,
electronic mail or a file transfer protocol site] as provided in section
46a-86a with the complaint and a notice advising of the proceduralrights and obligations of a respondent under this chapter. [Therespondent shall file a written answer to the complaint under oathSenate Bill No. 446

with the commission within thirty days of receipt of the complaint,provided a respondent may request, and the commission may grant,
for good cause shown, one extension of time of fifteen days within
which to file an answer to a complaint. The answer to any complaint
alleging a violation of section 46a-64c or 46a-81e shall be filed withinten days of receipt.] The respondent shall either (1) file a written
answer to the complaint as provided in subsection (b) of this section,or (2) not later than ten days after the date of receipt of the complaint,provide written notice to the complainant and the commission that therespondent has elected to participate in pre-answer conciliation, exceptthat a discriminatory practice complaint alleging a violation of section
46a-64c or 46a-81e shall not be subject to pre-answer conciliation. A
complaint sent by first class mail shall be considered to be received notlater than two days after the date of mailing, unless the respondent
proves otherwise. The commission shall conduct a pre-answer
conciliation conference not later than thirty days after the date ofreceiving the respondent's request for pre-answer conciliation.
(b) Except as provided in this subsection, not later than thirty days
after the date (1) of receipt of the complaint, or (2) on which thecommission determines that the pre-answer conciliation conference
was unsuccessful, the respondent shall file a written answer to thecomplaint, under oath, with the commission. The respondent may
request, and the commission may grant, one extension of time of not
more than fifteen days within which to file a written answer to thecomplaint. An answer to any amendment to a complaint shall be filed
within twenty days of the date of receipt to such amendment. The
answer to any complaint alleging a violation of section 46a-64c or 46a81e shall be filed not later than ten days after the date of receipt of thecomplaint.
[(b) Within ninety] (c) Not later than sixty days after the date of thefiling of the respondent's answer, [to the complaint,] the executive
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director or the executive director's designee shall conduct a [merit]case assessment review to determine whether the complaint should be
retained for further processing or dismissed because (1) it fails to statea claim for relief or is frivolous on its face, (2) the respondent is exempt
from the provisions of this chapter, or (3) there is no reasonable
possibility that investigating the complaint will result in a finding ofreasonable cause. The [merit] case assessment review shall include thecomplaint, the respondent's answer and the responses to thecommission's requests for information, [if any,] and the complainant'scomments, if any, to the respondent's answer and information
responses. [If the executive director or the executive director's designee
determines that the complaint fails to state a claim for relief or is
frivolous on its face, that the respondent is exempt from the provisionsof this chapter or that there is no reasonable possibility thatinvestigating the complaint will result in a finding of reasonable cause,the executive director or the executive director's designee shall dismissthe complaint and send notice of dismissal pursuant to section 46a-86a.
Within fifteen days of the sending of the notice of dismissal, thecomplainant may request a release of jurisdiction allowing thecomplainant to bring a civil action under section 46a-100. If thecomplainant does not request a release of jurisdiction, commission
legal counsel shall conduct a legal review of any complaint dismissed
pursuant to this subsection and shall reinstate or deny reinstatement of
the complaint within sixty days of the sending of the notice ofdismissal. The executive director or the executive director's designee
shall send notice of any action taken pursuant to the merit assessment
review and the legal review conducted pursuant to this subsection inaccordance with section 46a-86a.] The executive director or theexecutive director's designee shall send notice of any action taken
pursuant to the case assessment review in accordance with section 46a86a. For any complaint dismissed pursuant to this subsection, theexecutive director or the executive director's designee shall issue arelease of jurisdiction allowing the complainant to bring a civil action
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under section 46a-100, as amended by this act. This subsection andsubsection (e) of this section shall not apply to any complaint alleging
a violation of section 46a-64c or 46a-81e. The executive director shallreport the results of the [merit] case assessment reviews madepursuant to this subsection to the commission quarterly during eachyear.
[(c) (1) If a complaint is not dismissed after the merit assessment
review pursuant to subsection (b) of this section or if a complaint isreinstated after legal review pursuant to said subsection (b), the](d) Not later than sixty days after the date of sending notice that acomplaint has been retained after a case assessment review, theexecutive director or the executive director's designee shall assign aninvestigator or commission legal counsel to hold a mandatory
mediation conference. [within sixty days of sending notice of action
taken pursuant to the merit assessment review or legal review.] A
mediation conference may but need not be held if the commission has
held a pre-answer conciliation conference. The investigator orcommission legal counsel assigned to conduct the mediation shall not
be assigned to investigate the complaint. The mandatory mediation
conference may not be scheduled for the same time as a fact-finding
conference held pursuant to subsection [(d)] (f) of this section. The
mediator may hold additional mediation conferences to accommodate
settlement discussions.
[(2)] (e) If the complaint is not resolved after the mandatory
mediation conference, the complainant, the respondent or thecommission may at any time after such conference request early legalintervention. If a request for early legal intervention is made, [theexecutive director or the executive director's designee] a commission
legal counsel shall determine [within] not later than ninety days after
the date of the request whether [(A)] the complaint should be (1) heard
pursuant to section 46a-84, as amended by this act, [(B) the complaint
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should be] (2) processed pursuant to subsection [(d)] (f) of this section,or [(C) the complainant should be] (3) released from the jurisdiction of
the commission. In making such determination, [the executive director
or the executive director's designee] commission legal counsel may
hold additional proceedings and may utilize and direct commission
staff. If [the executive director or the executive director's designee] acommission legal counsel determines that the complaint should beprocessed pursuant to subsection [(d)] (f) of this section, [the executivedirector or the executive director's designee] the commission legal
counsel may recommend that the investigator make a finding of noreasonable cause. [If the executive director or the executive director's
designee recommends that the investigator make a finding of noreasonable cause, the] The investigator shall make such a finding
unless the investigator believes [the executive director or the executive
director's designee] the commission legal counsel made a mistake offact. If the investigator intends to make a finding of reasonable cause
after [the executive director or the executive director's designee] thecommission legal counsel recommends otherwise, the investigator
shall consult with [the executive director or the executive director'sdesignee] the commission legal counsel.
[(3) If the complaint is not resolved after the mandatory mediation
conference, the complainant or the respondent may request thecommission to hold additional mediation conferences.
(4) The commission may dismiss the complaint if (A) a complainant,after notice and without good cause, fails to attend a mandatory
mediation conference; or (B) the respondent has eliminated thediscriminatory practice complained of, taken steps to prevent a likeoccurrence in the future and offered full relief to the complainant, eventhough the complainant has refused such relief.
(d) If the complaint is not resolved after the mandatory mediation
conference held pursuant to subsection (c) of this section or thePublic Act No. 15-249

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executive director determines that the complaint should be processedpursuant to this subsection in accordance with subdivision (2) ofsubsection (c) of this section,](f) Not later than fifteen days after the date of a (1) a mandatory
mediation conference that fails to resolve a complaint, or (2) an early
legal intervention decision to investigate a complaint, the executive
director or the executive director's designee shall assign an investigatorto process the complaint. [within fifteen days after the mandatory
mediation conference.] The investigator may [conduct a fact-finding
conference, a complete investigation] process the complaint by any
lawful means of finding facts, including, but not limited to, a factfinding conference, individual witness interviews, requests forvoluntary disclosure of information, subpoenas of witnesses ordocuments, requests for admission of facts, interrogatories, site visits
or any [other lawful means of finding facts, or any combination
thereof] combination of these means for the purpose of determining[if] whether there is reasonable cause for believing that a
discriminatory practice has been or is being committed as alleged in
the complaint. As used in this section and section 46a-84, as amended
by this act, "reasonable cause" means a bona fide belief that thematerial issues of fact are such that a person of ordinary caution,
prudence and judgment could believe the facts alleged in thecomplaint. [The executive director or the executive director's designee
may dismiss the complaint if the complainant, after notice, andwithout good cause, fails to attend a fact-finding conference.][(e)] (g) (1) Before issuing a finding of reasonable cause or noreasonable cause, the investigator shall afford each party and eachparty's representative an opportunity to provide written or oral
comments on all evidence in the commission's file, except as otherwise
provided by federal law or the general statutes. The investigator shallconsider such comments before making a finding. The investigator
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shall make a finding of reasonable cause or no reasonable cause inwriting and shall list the factual findings on which it is based not later
than one hundred ninety days from the date of the [merit] caseassessment review, except that for good cause shown, the executive
director or the executive director's designee may grant no more than
two extensions of the investigation of three months each.
(2) If the investigator makes a finding that there is reasonable cause
to believe that a violation of section 46a-64c has occurred, thecomplainant and the respondent shall have twenty days from sendingof the reasonable cause finding to elect a civil action in lieu of anadministrative hearing pursuant to section 46a-84, as amended by thisact. If either the complainant or the respondent requests a civil action,
the commission, through the Attorney General or a commission legal
counsel, shall commence an action pursuant to subsection (b) of section
46a-89, [within] as amended by this act, not later than ninety days after
the date of receipt of the notice of election. If the Attorney General or acommission legal counsel believes that injunctive relief, punitive
damages or a civil penalty would be appropriate, such relief, damages
or penalty may also be sought. The jurisdiction of the Superior Courtin an action brought under this subdivision shall be limited to suchclaims, counterclaims, defenses or the like that could be presented at
an administrative hearing before the commission, had the complaintremained with the commission for disposition. A complainant mayintervene as a matter of right in a civil action without permission of thecourt or the parties. If the Attorney General or commission legal
counsel, as the case may be, determines that the interests of the state
will not be adversely affected, the complainant or attorney for thecomplainant shall present all or part of the case in support of thecomplaint. If the Attorney General or a commission legal counsel
determines that a material mistake of law or fact has been made in thefinding of reasonable cause, the Attorney General or a commission
legal counsel may decline to bring a civil action and shall remand thePublic Act No. 15-249

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file to the investigator for further action. The investigator shallcomplete any such action not later than ninety days after receipt ofsuch file.
[(f)] (h) If the investigator issues a finding of no reasonable cause orif the complaint is dismissed pursuant to subsection [(d)] (m) of thissection, the complainant may file a written request for reconsideration
with the executive director or the executive director's designee, notlater than fifteen days from the sending of such finding or dismissal. A
request for reconsideration shall state specifically the reasons whyreconsideration should be granted. [The executive director or the
executive director's designee] A commission legal counsel shall grantor reject reconsideration [within] not later than ninety days after thedate of the sending of such finding or dismissal. [The executivedirector or the executive director's designee] A commission legal
counsel shall conduct such additional proceedings as may be necessary
to render a decision on the request.
[(g)] (i) After finding that there is reasonable cause to believe that a
discriminatory practice has been or is being committed as alleged in
the complaint, an investigator shall attempt to eliminate the practicecomplained of by conference, conciliation and persuasion [within] notlater than fifty days after the date of the finding. The refusal to accept asettlement shall not be grounds for dismissal of any complaint.
[(h)] (j) No commissioner or employee of the commission may
disclose, except to the parties or their representatives, what hasoccurred in the course of [such endeavors] the commission'sprocessing of a complaint, provided the commission may publish thefacts in the case and any complaint [which] that has been dismissed
and the terms of conciliation when a complaint has been adjusted.
Each party and his or her representative shall have the right to inspect
and copy documents, statements of witnesses and other evidence
pertaining to the complaint, except as otherwise provided by federal
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law or the general statutes.
[(i)] (k) In the investigation of any complaint filed pursuant to thischapter, [the] commission legal counsel may issue subpoenas requiring
the production of records and other documents or compelling theattendance of witnesses.
[(j)] (l) The executive director or the executive director's designee
may enter an order of default against a respondent who (1) after
notice, fails to answer a complaint in accordance with subsection (a) of
this section or within such extension of time as may have been granted;(2) fails to answer interrogatories issued pursuant to subdivision (11)of section 46a-54 or fails to respond to a subpoena issued pursuant tosubsection [(i)] (k) of this section or subdivision (9) of section 46a-54,
provided the executive director or the executive director's designee
shall consider any timely filed objection; (3) after notice and without
good cause, fails to attend a fact-finding conference; or (4) after notice
and without good cause, fails to attend a mandatory mediation
conference. The respondent may make application to the executive
director to vacate the default. Upon entry of an order of default or
upon the decision of the executive director not to vacate the default,
the executive director or the executive director's designee shall appointa presiding officer to enter, after notice and hearing, an ordereliminating the discriminatory practice complained of and making thecomplainant whole. The commission or the complainant may petition
the Superior Court for enforcement of any order for relief pursuant tosection 46a-95.
(m) The executive director or the executive director's designee may
enter an order of dismissal against a complainant who (1) after notice
and without good cause, fails to attend a fact-finding conference; (2)after notice and without good cause, fails to attend a mandatory
mediation conference; or (3) refuses to accept an offer of settlement
where the respondent has eliminated the discriminatory practice
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complained of, taken steps to prevent a like occurrence in the futureand offered full relief to the complainant.
Approved June 30, 2015

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