Section 46a-86 - Complaint: Determination; orders; dismissal. Treatment of discrimination awards(a) If, upon all the evidence presented at the hearing conducted pursuant to section 46a-84, the presiding officer finds that a respondent has engaged in any discriminatory practice, the presiding officer shall make written findings of fact and file with the commission and serve on the complainant and respondent an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative action as is necessary to achieve the purpose of this chapter.(b) In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer shall (1) issue an order to eliminate the discriminatory employment practice complained of and to make the complainant whole, including restoration to membership in any respondent labor organization, and (2) may (A) determine the amount of damages suffered by the complainant, including the actual costs incurred by the complainant as a result of the discriminatory employment practice, and (B) allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency. Not later than October 1, 2020, and annually thereafter, the executive director of the commission shall report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the judiciary on the commission's award of reasonable attorney's fees and costs under this section. Such report shall include, but not be limited to: (i) The awards of reasonable attorney's fees and a comparison of such awards to awards of damages;(ii) the category of complaint for which damages and attorney's fees are awarded;(iii) the commission's methodology for calculating awards of reasonable attorney's fees and costs, if such methodology may be ascertained;(iv) data on the number of employees employed by respondents who were subject to awards of reasonable attorney's fees and costs; and(v) the percentage of complainants and respondents represented by counsel in matters in which awards of reasonable attorney's fees and costs are made.(c) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-58, 46a-59, 46a-64, 46a-64c, 46a-81b, 46a-81d or 46a-81e, the presiding officer shall determine the damage suffered by the complainant, which damage shall include, but not be limited to, the expense incurred by the complainant for obtaining alternate housing or space, storage of goods and effects, moving costs and other costs actually incurred by the complainant as a result of such discriminatory practice and shall allow reasonable attorney's fees and costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant.(d) In addition to any other action taken under this section, upon a finding of a discriminatory practice prohibited by section 46a-66 or 46a-81f, the presiding officer shall file with the commission and serve on the respondent an order requiring the respondent to pay the complainant the damages resulting from the discriminatory practice.(e) In addition to any other action taken under this section, upon a finding of noncompliance with antidiscrimination statutes or contract provisions required under section 4a-60 or 4a-60a or the provisions of sections 46a-68c to 46a-68f, inclusive, the presiding officer shall file with the commission and serve on the respondent an order with respect to any remedial action imposed pursuant to subsection (c) or (d) of section 46a-56.(f) If, upon all the evidence and after a complete hearing, the presiding officer finds that the respondent has not engaged in any alleged discriminatory practice, the presiding officer shall make written findings of fact and shall file with the commission and serve on the complainant and respondent an order dismissing the complaint.(g) Any payment received by a complainant under this chapter or under any equivalent federal antidiscrimination law, either as a settlement of a claim or as an award made in a judicial or administrative proceeding, shall not be considered as income, resources or assets for the purpose of determining the eligibility of or amount of assistance to be received by such person in the month of receipt or the three months following receipt under the state supplement program, Medicaid or any other medical assistance program, temporary family assistance program, state-administered general assistance program, or the temporary assistance for needy families program. After such time period, any remaining funds shall be subject to state and federal laws governing such programs.Conn. Gen. Stat. § 46a-86
(P.A. 80-422, S. 34; 80-449, S. 4, 6; P.A. 81-81, S. 5; P.A. 85-179; P.A. 88-317, S. 102, 107; P.A. 90-246, S. 11; P.A. 91-58 , S. 30 ; P.A. 93-362 , S. 4 ; P.A. 05-280 , S. 45 ; June Sp. Sess. P.A. 05-3 , S. 80 ; P.A. 07-142 , S. 8 ; P.A. 11-237 , S. 9 ; June Sp. Sess. P.A. 15-5 , S. 78 .)
Amended by P.A. 23-0117, S. 9 of the Connecticut Acts of the 2023 Regular Session, eff. 6/27/2023.Amended by P.A. 19-0093, S. 6 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 19-0016, S. 7 of the Connecticut Acts of the 2019 Regular Session, eff. 10/1/2019.Amended by P.A. 15-0005, S. 78 of the Connecticut Acts of the 2015 Special Session, eff. 10/1/2015.Amended by P.A. 11-0237, S. 9 of the the 2011 Regular Session, eff. 10/1/2011. Cited. 188 Conn. 44 ; 196 Conn. 208 ; 201 Conn. 350 ; 202 C. 609 ; 204 Conn. 287 ; 205 Conn. 324 ; 211 Conn. 464 . Section does not authorize award of damages for emotional distress and attorney's fees for violation of Sec. 46a-60(a)(1) . 232 Conn. 91 . Cited. Id., 117; Id., 181; 236 Conn. 681 ; 237 Conn. 209 ; 238 Conn. 337 . Cited. 3 Conn.App. 464 ; 4 Conn.App. 423 ; 5 Conn.App. 643 ; 15 Conn.App. 569 ; 44 Conn.App. 446 . Subsec. (a): Hearing officer's remedy went far beyond intent of legislature. 39 Conn.Supp. 528 . Subsec. (b): Statute authorizes award of back pay regardless of whether reinstatement is ordered, and since primary purpose of Subsec. is to make whole an employee who has suffered economic harm as a result of workplace discrimination, award of prejudgment and postjudgment interest is also authorized. 265 C. 127 . Subsec. (c): Commission had authority to vindicate African-American senior student's rights against racial discrimination in the public schools; in the event that such discrimination was found contrary to defendant's claim, jurisdiction to adjudicate claim of racial discrimination in a public school is not vested exclusively in State Board of Education pursuant to Secs. 10-4b and 10-15 c; award of compensatory damages for a violation of Sec. 46a-58 authorized. 270 Conn. 665 . The right to litigate fully the reasonableness of attorney's fees entitles opposing party to question under oath billing attorney who has submitted an affidavit in support of the requested fees in order to challenge reasonableness of those fees. 285 C. 208.
See Sec. 17b-93 re claim of the state for repayment of aid.