Understanding the CHRO Complaint Process
This article explains the usual process for employment and public accommodations discrimination complaints filed with CHRO. It is meant to give general information about what happens during a case and the time frames set by law.
The process begins when a complaint is filed. The person filing the complaint is called the Complainant. The person, business, employer, or organization the complaint is filed against is called the Respondent.
During the mediation and investigation stages, CHRO's role is neutral with respect to the parties. CHRO's job is to gather information and determine whether there is enough evidence to believe discrimination may have happened. If there is enough evidence for a finding of reasonable cause after the investigation, a CHRO attorney will then be assigned to prosecute the case before the Office of Public Hearings. Learn more about the CHRO's process, from start to finish, here.
Filing the Complaint
Discrimination complaints must be filed within 300 days of the alleged discriminatory act. You can prepare and file your complaint directly with one of CHRO’s regional offices. If you need help drafting your complaint, you can file an inquiry to meet with a CHRO representative who will help you prepare one to file.
After the Complaint is Filed
Once the Complainant’s complaint is filed with CHRO, CHRO will serve it on the Respondent. The Respondent then may choose one of two options:
- file a written Answer to the complaint, or
- ask for a pre-answer conciliation conference within 10 days of receiving the complaint
Pre-Answer Conciliation
A pre-answer conciliation conference is an early settlement discussion. The goal is to see whether the parties can resolve the case quickly before the formal investigation process begins.
If pre-answer conciliation is requested, CHRO generally must hold the conference within 30 days.
The Respondent’s Answer
If the case does not settle early, the Respondent usually has 30 days to file an Answer to the complaint from the date CHRO serves it on the Respondent. The Answer is the Respondent’s written response to the allegations. It is filed under oath.
The Respondent may request one extension of up to 15 additional days.
After the Answer is filed, the Complainant may submit a rebuttal or comments responding to the Answer and any documents provided by the Respondent.
Case Assessment Review
Within 60 days after the Answer is filed, CHRO conducts a case assessment review.
At this stage, CHRO reviews:
- the complaint,
- the Respondent’s Answer,
- documents and information provided by the parties, and
- the Complainant’s rebuttal or comments.
CHRO may dismiss a case at this stage if:
- the complaint does not legally state a discrimination claim,
- the Respondent is legally exempt, or
- there is no reasonable possibility that an investigation would result in a reasonable cause finding.
If the case is not dismissed, it moves forward to mandatory mediation. If it is dismissed at case assessment review, the Complainant will be issued a Release of Jurisdiction, allowing them to file in state court.
Release of Jurisdiction
If CHRO dismisses a case at case assessment review, it will provide the Complainant with a release of jurisdiction from CHRO. A release of jurisdiction allows the Complainant to file a lawsuit in state court instead.
Complainants may also request a release of jurisdiction if the case has been pending with CHRO for more than 180 days.
A release of jurisdiction does not mean the Complainant has won or lost the case. It only changes where the case may continue. A Complainant who receives a release of jurisdiction must still comply with any court filing deadlines that apply to the case.
Mandatory Mediation
If the complaint is retained after case assessment review, CHRO schedules a mandatory mediation conference within 60 days.
Mediation is a settlement discussion. A neutral CHRO mediator works with both parties to see whether the case can be resolved voluntarily. The mediator does not decide who is right or wrong.
Possible outcomes at mediation may include:
- financial settlements,
- training,
- reinstatement,
- accommodations, or
- other agreed-upon terms.
Many CHRO cases resolve during mandatory mediation. If the case does not settle at this stage, it moves further into the process.
Early Legal Intervention
If mediation does not resolve the case, either party or CHRO may request early legal intervention.
A CHRO attorney then reviews the case. The attorney will decide within 90 days whether the complaint should:
- move to a public hearing before the Office of Public Hearings,
- continue to a CHRO investigation, or
- be released from CHRO’s jurisdiction.
The CHRO attorney may review documents, request additional information, or hold additional proceedings during this process.
Investigation
If the case does not settle at mediation, CHRO assigns an investigator to gather facts and determine whether there is reasonable cause to believe discrimination happened.
The investigator may investigate by any lawful means, including, but not limited to:
- interviewing witnesses,
- requesting records and documents,
- holding fact-finding conferences,
- requesting written responses,
- visiting locations connected to the complaint, and
- gathering other evidence.
The parties may be asked to provide:
- emails,
- text messages,
- policies,
- personnel records,
- medical information,
- witness names,
- timelines, or
- other evidence related to the complaint.
Once the investigation is completed, the investigator will issue a draft finding. The Complainant and Respondent then have 15 days to provide comments to the draft finding. After the 15 day comment period is complete, the investigator will review everything that is submitted and issue a final finding.
Reasonable Cause and No Reasonable Cause Findings
A reasonable cause finding means there is enough evidence to convince a reasonable person that discrimination may have occurred, and that the case should move forward to a public hearing before a Human Rights Referee at the Office of Public Hearings. It does not mean the Complainant has won the case.
A no reasonable cause finding means CHRO did not find enough evidence to move the case forward. If CHRO issues a no reasonable cause finding, the Complainant may request reconsideration within 15 days.
Post-Cause Conciliation
If CHRO finds reasonable cause, the agency attempts to settle the case through a “post-cause conciliation” within 50 days of the reasonable cause finding.
Certification to the Office of Public Hearings
If the case does not settle after a reasonable cause finding, the case may be certified to the Office of Public Hearings (OPH).
OPH is an administrative law tribunal that is similar to a court. It holds “public hearings” that are similar to trials in state court.
At that stage:
- witnesses may testify,
- documents and other evidence may be introduced, and
- a Human Rights Referee will decide the case.
A CHRO attorney will be assigned to prosecute the matter on behalf of the State of Connecticut. The attorney does not represent the Complainant personally.
Participating in the Process
Both parties are expected to participate in the process and respond to CHRO requests.
Failing to attend conferences, mediation sessions, or other required proceedings may result in:
- dismissal of the complaint, or
- default against the Respondent.
Keeping records, responding on time, and participating in good faith can help the process move more smoothly.
Final Note
This article provides general information about the CHRO complaint process for employment and public accommodations cases. It is not legal advice.
