Any person who has filed a complaint with the commission in accordance with section 46a-82 and who has obtained a release of jurisdiction in accordance with section 46a-83a or 46a-101, may bring an action in the superior court for the judicial district in which the discriminatory practice is alleged to have occurred, the judicial district in which the respondent transacts business or the judicial district in which the complainant resides, except any action involving a state agency or official may be brought in the superior court for the judicial district of Hartford.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-331, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-245, S. 6, 14; June Sp. Sess. P.A. 15-5, S. 84.)
History: (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in the general statutes and in the public and special acts of the 1991 session of the general assembly, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-245 deleted phrase “alleging a violation of section 46a-60” and added reference to Sec. 46a-83a, effective July 1, 1998, and applicable to all cases pending with the commission or in the courts and cases filed on or after said date; June Sp. Sess. P.A. 15-5 substituted “filed a complaint with the commission” for “timely filed a complaint with the Commission on Human Rights and Opportunities”, substituted “release of jurisdiction” for “release from the commission”, added provision re action being brought in the judicial district in which complainant resides and made technical changes.
Section represents an unambiguous waiver of sovereign immunity, authorizing actions against the state for alleged discriminatory employment practices in violation of Sec. 46a-60. 291 C. 384.
Cited. 44 CA 446. The provisions of section do not constitute a waiver of the state's immunity. 104 CA 547; judgment reversed, see 291 C. 384. Waiver of sovereign immunity under section does not extend to claims based on corresponding federal statute relating to age discrimination, namely the Age Discrimination in Employment Act of 1967. 153 CA 146.
Structure Connecticut General Statutes
Chapter 814c - Human Rights and Opportunities
Section 46a-51. (Formerly Sec. 31-122). - Definitions.
Section 46a-51. (Formerly Sec. 31-122). *(See end of section for - Definitions.
Section 46a-53. (Formerly Sec. 4-61b). - Executive Committee on Human Rights and Opportunities.
Section 46a-54. (Formerly Sec. 31-125). - Commission powers.
Section 46a-55. (Formerly Sec. 31-125a). - Commission legal counsel.
Section 46a-56. - Commission duties.
Section 46a-60. (Formerly Sec. 31-126). - Discriminatory employment practices prohibited.
Section 46a-61. - Discriminatory employment practices: Mental disorder exception.
Section 46a-63. - Discriminatory public accommodation practices: Definitions.
Section 46a-64a. (Formerly Sec. 47a-2a). - Discrimination against families with children prohibited.
Section 46a-64b. - Discriminatory housing practices: Definitions.
Section 46a-64c. - Discriminatory housing practices prohibited. Disposition of complaints. Penalty.
Section 46a-65. (Formerly Sec. 36-436). - Discriminatory credit practices: Definitions.
Section 46a-66. (Formerly Sec. 36-437). - Discriminatory credit practices prohibited.
Section 46a-68a. - Certificate of noncompliance. Hiring freeze; exceptions.
Section 46a-68b. - Definitions.
Section 46a-68e. - Contractors and subcontractors required to file compliance reports.
Section 46a-68f. - Compliance reports to include labor union practices.
Section 46a-68h. - Hearing re noncompliance.
Section 46a-68i. - Right of appeal.
Section 46a-68j. - Regulations.
Section 46a-69. - Discriminatory practices by state.
Section 46a-70. (Formerly Sec. 4-61c). - Guarantee of equal employment in state agencies.
Section 46a-71. (Formerly Sec. 4-61d). - Discriminatory practices by state agencies prohibited.
Section 46a-76. (Formerly Sec. 4-61i). - Discrimination in allocation of state benefits prohibited.
Section 46a-78. (Formerly Sec. 4-61k). - Annual agency reports to Governor. Review by commission.
Section 46a-79. (Formerly Sec. 4-61n). - State policy re employment of criminal offenders.
Section 46a-80c. - Discrimination on basis of erased criminal history record information: Housing.
Section 46a-81. (Formerly Sec. 4-61r). - Statutes controlling law enforcement agencies excepted.
Section 46a-81a. - Sexual orientation discrimination: Definitions.
Section 46a-81aa. - Gender identity or expression discrimination: Religious organizations.
Section 46a-81b. - Sexual orientation discrimination: Associations of licensed persons.
Section 46a-81c. - Sexual orientation discrimination: Employment.
Section 46a-81d. - Sexual orientation discrimination: Public accommodations.
Section 46a-81e. - Sexual orientation discrimination: Housing.
Section 46a-81f. - Sexual orientation discrimination: Credit practices.
Section 46a-81g. - Sexual orientation discrimination: State practices.
Section 46a-81h. - Sexual orientation discrimination: Equal employment in state agencies.
Section 46a-81i. - Sexual orientation discrimination: Services of state agencies.
Section 46a-81k. - Sexual orientation discrimination: Licensing practices of state agencies.
Section 46a-81n. - Sexual orientation discrimination: Allocation of state benefits.
Section 46a-81o. - Sexual orientation discrimination: Reports to Governor by state agencies.
Section 46a-81p. - Sexual orientation discrimination: Religious organizations.
Section 46a-81q. - Sexual orientation discrimination: ROTC programs.
Section 46a-81r. - Sexual orientation discrimination: Construction of statutes.
Section 46a-82. (Formerly Sec. 31-127). - Complaint: Filing.
Section 46a-82a. - Resolution for complaints pending on January 1, 1990.
Section 46a-85. - Complaint: Effect of arbitration proceeding.
Section 46a-86. - Complaint: Determination; orders; dismissal. Treatment of discrimination awards.
Section 46a-86a. - Notice of any action or proceeding concerning complaint.
Section 46a-87. - Enforcement of subpoena.
Section 46a-88. - Enforcement of interrogatories.
Section 46a-94a. - Appeal to Superior Court from order of presiding officer. Reopening of matters.
Section 46a-96. - Hearings take precedence.
Section 46a-99. (Formerly Sec. 4-61l). - Discriminatory state practice: Cause of action; relief.
Section 46a-100. - Discriminatory practice: Cause of action upon release from commission.
Section 46a-102. - Civil action for discriminatory practice: Statute of limitations.
Section 46a-104. - Civil action for discriminatory practice: Relief.