labor lawAdivision of labor law center

You are afforded protection from harassment or discrimination in the workplace if you work in Connecticut. Especially if you are a disabled individual you have the right to seek gainful employment and to be employed and treated fairly as any other individual. State and Federal law protects individuals from being discriminated against on the basis of race, color, sex, religion, age, national origin, disability, political affiliation or beliefs. Citizenship status as a lawfully admitted immigrant authorized to work in the United States or participation in any Workforce Investment Act Title I financially assisted program shall also not be used as a basis for employment.

Connecticut (CT) job discrimination law in the workplace and the federal Americans with Disabilities Act or ADA protects citizens and employees from harassment or discrimination due to their disability. Any employer, and that includes private business, state and local government, employment agencies and labor unions with 15 or more workers has been covered under the ADA since July 26, 1994. The ADA does not require an employer to hire anyone who is not qualified to perform the essential functions of a particular job. Employers, whenever possible, should make reasonable accommodations for those who are disabled. Reasonable accommodations are adjustments or modifications, which range from making the physical work environment accessible, providing a flexible work schedule or providing equipment for assistance to those who are disabled. For example a TTY machine for those with hearing impairments or a computer that enlarges print for individuals with vision impairments.

The ADA and Connecticut job discrimination law do not limit their protections to only those who are currently or visibly disabled. Someone who once had a disability would still be protected. Those who have a hidden disability such as learning disabilities or HIV are offered the same protections as are those who are not disabled themselves but may be related or associated with a disabled person.

You can find basic guidelines for discrimination in Connecticut workplaces without much trouble. The state refers to the Workforce Investment Act (WIA) and State Employment Security Agency services when discussing equal opportunity and nondiscrimination.

The labor commissioner appointed a State Equal Opportunity Officer as directed by the WIA and as a way to deal with employment, training, and job placement issues, the federal law passed in 1998. I found that Connecticut Department of Labor information refers to the Worker Adjustment and Retraining Act (WARN), another federal law that applies to businesses that employ more than 100 people. This law deals specifically with closing a business or major layoffs.

In 1988, the state was involved in a case that dealt with the “mandatory retirement” of an employee. The worker involved, through his union and other groups filed a complaint against the City of Stamford, Connecticut, charging that the City forced his retirement in retaliation for his union activity. The decision of the state Board of Labor Relations was that the mandatory retirement was not in retaliation for the worker’s union activity. Therefore, the board stated that the City did not fill the position after retiring the worker at age 70.

You’ll find in the guidelines for work in Connecticut that an employer should make a decision for each individual employee based on that person’s health, physical condition, and experience, among other things. In addition to the state’s labor regulations, you will also learn about specific guidelines for offering work to a person, based on availability of public transportation and the person’s physical condition. If the administrator finds risk exists because of the physical condition of the worker, work can be refused.

As is the case in most states, Connecticut refers to federal law for general guidelines on equal opportunity employment. I found that the state directs you to the U.S. Department of Labor Civil Rights office, especially if you feel you have a complaint with a program that receives federal funding. Connecticut offers a speakers’ bureau that is meant to help workers and employers understand state and federal laws. Potential topics include employment law, wage and workplace standards, workforce assistance, and business services.

It is the law that employers in Connecticut must hang Connecticut state discrimination posters that outline a worker’s right not to be discriminated against in the workplace. These Connecticut state discrimination posters must be hung in a place where employees gather such as a break room or lunchroom. Connecticut follows and enforces all laws that are against discrimination in the workplace including the necessity for employers to display the appropriate posters.

No person in Connecticut shall be discriminated against because of race, religion, sex, color, national origin, age, disability, beliefs, or political affiliation. The Connecticut Department of labor is committed to developing programs that will ensure that all discriminatory practices are eliminated from the workplace and they are also committed to identifying and dealing with any and all discriminatory acts. Connecticut has an official, the State Equal Opportunity Officer, who oversees all programs to eliminate discrimination and serves as a liaison for the Labor Department and all civil rights groups.

A person who feels that he/she has been a victim of discrimination has 180 days from the time of the incident to file an official complaint. The alleged victim may file the complaint with the recipient’s Equal Opportunity Officer or the Director of the Civil Rights Center at the Connecticut Department of Labor. The person filing the complaint is protected from any type of discrimination resulting from filing the complaint.

If an employer fails to hang the Connecticut state discrimination posters informing employees of their rights, that employer can be punished by the law. It is the employer’s responsibility to make sure the poster is hung, that it is hung in a place where it is easily visible, and that the poster includes all the necessary information. If the Connecticut state discrimination posters doesn’t include all the information that workers have a right to know, the employer is in violation of the law.

When I saw Connecticut’s laws concerning workplace discrimination, I was very surprised. Of course, that’s simply because I had the thought, “little state, little laws.” This thought was way off base. Connecticut’s anti-discrimination statutes are very broad and powerful. They not only protect against discriminatory acts concerning age, ancestry, color, learning disability, marital status, mental retardation, national origin, physical disability, race, religious creed, sex and sexual orientation, but they also give further protection than federal law in the cases of age discrimination and physical disability.

Federal law covers people over 40 in age discrimination and defines physical disability as a condition which has a substantial limitation on a major life activity. State law protects people under 40 from age discrimination and defines physical disability as a chronic impairment.

Claims filed in Connecticut must be done through the Connecticut Commission on Human Rights and Opportunities (CHRO); in turn, this agency will work with the federal agency, the Equal Employment Opportunity Commission (EEOC) to process filed claims that have been cross-filed. In order for both agencies to work on the claim, the injured party must request that the CHRO cross-file their claim with the EEOC. Businesses with 3-14 employees are only covered under state law and claims against them cannot be cross-filed with the federal agency. To file a claim injured parties need to contact the CHRO at one of four offices:

* Hartford: 860-566-7710 or TDD: 860-566-7710

* Norwich: 860-886-5703 or TDD: 860-886-5707

* Bridgeport: 203-579-6246 or TDD: 203-579-6246

* Waterbury: 203-805-6530 or TDD: 203-805-6579

To file a claim, you have to contact the CHRO office nearest you within 180 days of the discriminatory act. Once you have contacted them and filed, you have an additional 120 days to cross-file your case with the EEOC. Because of the legalities in filing, it is recommended that filing be done early to avoid mistakes that push the claim past the deadlines and that a attorney be retained. Hiring an attorney is not necessary, but can make it much easier on the injured party.

In order to take a claim to federal court, the injured party has to file a claim with the CHRO, have it referred to the EEOC, and be dismissed by the EEOC. If the FCHR and/or EEOC do not resolve the case, they will issue one of 2 documents: “Dismissal and Notice of Rights” or “Notice of Right to Sue.” Once either of these forms is received the injured party has only 90 days to file a federal court case if they choose to further pursue the issue. To take a claim to state court, you must have the CHRO’s release or dismissal first. Like federal court, you have only 90 days to file a court case after receiving either of these from the CHRO. However, if CHRO has your case pending for at least 210 days, you may request a release so that you can file a state court case based on the claim.

Connecticut does not limit damages due to emotional pain and suffering. Because of this, the plaintiff’s attorney may choose to file in a federal court under both state and federal law.

Connecticut has many restrictions on proper filing of discrimination claims, but by having everyone file through the state agency (who, in turn cross-files the claim through the EEOC), the process is somewhat streamlined for those who file claims. It would be interesting to see the number of mistakes in cross-filing in Connecticut versus those on states which have a system where people can make claims in either office and request cross-filing. It seems that Connecticut’s system would take much of the confusion out and result in less cases being doubly filed because the injured party filed in both offices and requested cross-filing as well.