On February 16, 2010, we reported that the Connecticut General Assembly was considering legislation that would allow employees to file discrimination and harassment claims directly in state court instead of having to first file their claims with the Commission on Human Rights and Opportunities as is currently required. Yesterday, the House Labor and Public Employees Committee approved the legislation, House Bill 5206 – An Act Providing an Individual an Earlier Release from the Jurisdiction of the Commission on Human Rights and Opportunities to File a Civil Action in Superior Court. The Committee has referred the bill directly to the Judiciary Committee, which has until March 29, 2010 to act on the bill.
The CHRO has opposed the legislation, expressing concerns that it will undermine the power of the CHRO and other administrative agencies to enforce the laws that they are meant to enforce. In addition, the bill has inspired an unusual alliance between labor groups and business organizations. These groups have also criticized the bill, pointing out that the CHRO often can streamline resolution of claims, reducing taxpayer expenditures and litigation costs. Furthermore, AFSCME Local 2663 views the bill as contradictory to the core principal of administrative law that if an adequate administrative remedy exists, it must be exhausted before the courts can take jurisdiction over the matter. The Connecticut Trial Lawyers Association, on the other hand, believes the bill is necessary for more complex cases that the CHRO may not be equipped to resolve effectively.
The House has proposed that the bill take effect on October 1, 2010. Stay tuned for additional updates after the Judiciary Committee’s March 29, 2010 deadline for acting on the bill.