FEPA Discrimination Charge and Right-to-Sue Procedure — Connecticut

FEPA Discrimination Charge and Right-to-Sue Procedure (CONNECTICUT)

Quick-Reference Summary

Part A — Pre-Filing Eligibility Memo

TO: [CLIENT NAME]
FROM: [ATTORNEY NAME], [FIRM]
DATE: [__/__/____]
RE: Eligibility assessment — Connecticut Fair Employment Practices Act / CHRO / EEOC charge

1. Employer Coverage (Conn. Gen. Stat. § 46a-51(10))

2. Protected Class & Adverse Action

Adverse Action(s): ☐ Termination ☐ Demotion ☐ Failure to hire/promote ☐ Discipline ☐ Pay disparity ☐ Hostile work environment ☐ Constructive discharge ☐ Failure to accommodate ☐ Retaliation ☐ Other: [____________]

Date of last discriminatory act: [__/__/____]

3. Timeliness Analysis

4. Strategy

• ☐ File at CHRO (mandatory for non-state-employee plaintiffs)
• ☐ Cross-file with EEOC
• ☐ Request joint Release of Jurisdiction immediately if Respondent agrees (§ 46a-101(b))
• ☐ Request unilateral Release after 180 days (§ 46a-101(b))
• ☐ State employee: file directly under § 46a-100 (no CHRO)
• ☐ Federal forum analysis (broader remedies vs. capped compensatory)

5. Damages Assessment

6. Recommendation

[____________]

Part B — Charge of Discrimination (FEPA Filing)

STATE OF CONNECTICUT
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
COMPLAINT OF DISCRIMINATION (verified, under oath)
(Dual-filed with the U.S. Equal Employment Opportunity Commission pursuant to CHRO/EEOC Worksharing Agreement)

CHRO Case No.: [_______________] (assigned by Commission)
EEOC Charge No.: [_______________] (assigned by EEOC)

1. Complainant

2. Respondent (Employer)

3. Basis of Discrimination

☐ Race (incl. hair texture/style — CROWN Act, PA 21-2) ☐ Color ☐ Religious creed ☐ Age ☐ Sex (incl. pregnancy / childbirth / lactation) ☐ Gender identity or expression ☐ Sexual orientation ☐ Marital status ☐ National origin ☐ Ancestry ☐ Mental disability ☐ Intellectual disability ☐ Learning disability ☐ Physical disability ☐ Genetic information ☐ Veteran status ☐ Domestic-violence victim status ☐ Erased criminal history ☐ Retaliation ☐ Sexual harassment ☐ Other: [____________]

4. Date(s) of Discrimination

• Earliest: [__/__/____]
• Most recent: [__/__/____]
• ☐ Continuing course of conduct

5. Particulars (Statement of Facts)

I. EMPLOYMENT BACKGROUND

1. I, [NAME], was employed by Respondent as a [TITLE] from [__/__/____] to [__/__/____] at Respondent's [LOCATION] in Connecticut.

2. My performance met or exceeded expectations. [____________].

II. PROTECTED-CLASS STATUS

3. I am a member of protected classes under Conn. Gen. Stat. § 46a-60(b), specifically [____________].

III. ADVERSE EMPLOYMENT ACTION

4. On [__/__/____], Respondent [adverse action]. The decisionmaker was [NAME, TITLE].

5. Respondent's stated reason was [____________], which I dispute as pretextual because [____________].

IV. EVIDENCE OF DISCRIMINATORY MOTIVE

6. Direct evidence: [____________].
7. Comparator evidence: [____________].
8. Pattern / statistical evidence: [____________].

V. RETALIATION / SEXUAL HARASSMENT (if applicable)

9. On [__/__/____] I engaged in protected activity by [____________]. Respondent retaliated in violation of § 46a-60(b)(4) by [____________].

10. (If sexual harassment): Respondent failed to provide training required by Public Act 19-16 (Time's Up Act) and failed to take immediate, appropriate corrective action after notice.

VI. STATUTORY BASIS

11. I believe Respondent has violated Conn. Gen. Stat. § 46a-60 by discriminating against me because of [BASIS], and corresponding federal statutes [Title VII / ADEA / ADA / GINA / PDA].

6. Verification

STATE OF CONNECTICUT )
COUNTY OF [____________] ) ss.

I, [NAME], being duly sworn, depose and say that I have read the foregoing complaint, and that the matters set forth therein are true to the best of my knowledge, information, and belief.

Complainant Signature: [____________________________]
Date: [__/__/____]

Subscribed and sworn to before me this [____] day of [____________], 20[__].

Notary Public / Commissioner of the Superior Court: [____________________________]
My Commission Expires: [__/__/____]

7. Filing Instructions

Part C — Right-to-Sue Demand Letter

Option 1 — Request for Release of Jurisdiction (Conn. Gen. Stat. § 46a-101)

[FIRM LETTERHEAD]

Date: [__/__/____]
Via Email, Certified Mail, and CHRO Portal

Commission on Human Rights and Opportunities
Office of the Executive Director
25 Sigourney Street
Hartford, CT 06106

Re: Request for Release of Jurisdiction — CHRO Case No. [____________]; Complainant: [NAME]; Respondent: [EMPLOYER]

Dear Executive Director:

This firm represents [COMPLAINANT NAME], the Complainant in the above-referenced complaint of discrimination filed with the Commission on [__/__/____]. Pursuant to Conn. Gen. Stat. § 46a-101(b), Complainant hereby requests issuance of a Release of Jurisdiction.

☐ More than 180 days have elapsed since the filing of the complaint (filing date [__/__/____]; 180 days + filing = [__/__/____]); OR
☐ A Case Assessment Review under § 46a-83(c) has been completed; OR
☐ This is a joint request by Complainant and Respondent (see attached respondent signature) pursuant to § 46a-101(b).

Complainant acknowledges that the Executive Director must grant the Release within ten (10) business days of receipt (§ 46a-101(c)) unless the case is scheduled for public hearing, and that any civil action under § 46a-100 must be filed within ninety (90) days of receipt of the Release (§ 46a-101(e)).

Please confirm issuance by email to the undersigned and provide the original Release for service on Respondent.

Sincerely,

[ATTORNEY NAME], Juris No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]

cc: [Complainant]
[Respondent / Respondent's counsel]

Option 2 — Request to EEOC for Federal Notice of Right to Sue

[FIRM LETTERHEAD]

Date: [__/__/____]
Via EEOC Public Portal

U.S. Equal Employment Opportunity Commission
Boston Area Office (Connecticut coverage)
John F. Kennedy Federal Building, Room 475
15 New Sudbury Street
Boston, MA 02203

Re: Request for Notice of Right to Sue — EEOC Charge No. [____________]

Pursuant to 29 C.F.R. § 1601.28(a), Complainant requests issuance of the Notice of Right to Sue. More than 180 days have elapsed since the filing of the charge on [__/__/____]. Complainant intends to file suit within 90 days of receipt.

Sincerely,

[ATTORNEY NAME]

Part D — Pre-Suit Civil Complaint (Template)

SUPERIOR COURT
STATE OF CONNECTICUT
JUDICIAL DISTRICT OF [____________]

Docket No.: [____________]
Return Date: [__/__/____]

COMPLAINT (Conn. Gen. Stat. § 46a-100) — JURY TRIAL CLAIMED

COUNT ONE — Discrimination on the Basis of [PROTECTED CLASS] (Conn. Gen. Stat. § 46a-60(b)(1))

1. Plaintiff [NAME] is an adult resident of [TOWN], Connecticut.

2. Defendant [EMPLOYER] is a [STATE] [entity type] authorized to do business in Connecticut, with its principal Connecticut place of business at [ADDRESS]. Defendant employed three (3) or more persons and is an "employer" under Conn. Gen. Stat. § 46a-51(10).

3. Plaintiff timely filed a complaint with the Commission on Human Rights and Opportunities (CHRO Case No. [____________]) on [__/__/____], within 300 days of the unlawful practice as required by Conn. Gen. Stat. § 46a-82(e).

4. CHRO issued a Release of Jurisdiction pursuant to Conn. Gen. Stat. § 46a-101 on [__/__/____], received by Plaintiff on [__/__/____]. This action is commenced within 90 days of receipt as required by § 46a-101(e).

5. Plaintiff is a member of a protected class under § 46a-60(b), specifically [____________].

6. Plaintiff was employed by Defendant as [TITLE] from [__/__/____] to [__/__/____]. Plaintiff's performance was satisfactory.

7. [Detailed factual allegations] [____________].

8. On [__/__/____], Defendant subjected Plaintiff to [adverse action] because of [BASIS].

9. Defendant's articulated reason for the adverse action was pretextual. [____________].

10. Defendant's conduct constituted unlawful discrimination in violation of Conn. Gen. Stat. § 46a-60(b)(1).

11. As a direct and proximate result, Plaintiff has suffered lost wages, lost benefits, emotional distress, humiliation, mental anguish, anxiety, and loss of professional reputation.

COUNT TWO — Retaliation (Conn. Gen. Stat. § 46a-60(b)(4))

12. Plaintiff incorporates paragraphs 1–11.

13. Plaintiff engaged in protected activity by [____________]. Defendant retaliated by [____________].

COUNT THREE — Hostile Work Environment / Sexual Harassment (Conn. Gen. Stat. § 46a-60(b)(8)) [if applicable]

14. Plaintiff incorporates the foregoing.

15. Plaintiff was subjected to severe and pervasive unwelcome [sexual / racial / etc.] conduct that altered the terms and conditions of employment.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant for:

a. Compensatory damages, including back pay, front pay, lost benefits, emotional distress, humiliation, and mental anguish, in an amount to be determined at trial;
b. Punitive damages pursuant to Conn. Gen. Stat. § 46a-104 (Tomick v. UPS, 324 Conn. 470 (2016));
c. Injunctive and equitable relief, including reinstatement, expungement, and policy changes;
d. Reasonable attorney's fees and costs pursuant to Conn. Gen. Stat. § 46a-104;
e. Pre- and post-judgment interest;
f. Trial by jury; and
g. Such other relief as the Court deems just.

JURY TRIAL CLAIMED

DATED: [__/__/____]

[ATTORNEY NAME], Juris No. [____________]
[FIRM]
[ADDRESS]
[PHONE] / [EMAIL]
Plaintiff's Attorney

Part E — Pre-Filing Checklist

Eligibility & Coverage

☐ Confirmed 3+ employees under § 46a-51(10)
☐ Protected-class basis identified under § 46a-60(b)
☐ Adverse action(s) documented
☐ State-employee analysis (direct § 46a-100 suit eligibility)
☐ CROWN Act (race incl. hair) considered if applicable

Deadlines (CRITICAL)

☐ CHRO 300-day deadline calendared: [__/__/____]
☐ EEOC 300-day deadline calendared: [__/__/____]
☐ 180-day Release-eligibility date calendared: [__/__/____]
☐ 90-day post-Release SOL calendared: [__/__/____]
☐ Federal 90-day post-RTSL SOL calendared: [__/__/____]
☐ Sexual-assault 30-year SOL noted (if applicable): [__/__/____]

Strategy

☐ Forum decision (CHRO/EEOC; Superior Court vs. federal)
☐ Joint Release of Jurisdiction explored with Respondent
☐ Mandatory mediation strategy prepared
☐ Damages comparison (state uncapped vs. federal capped)
☐ Punitive damages claim drafted per Tomick

Evidence

☐ Personnel file requested under Conn. Gen. Stat. § 31-128b (employer must provide within 7 business days)
☐ Pay records, W-2s collected
☐ Performance evaluations collected
☐ Discriminatory communications preserved
☐ Comparator evidence identified
☐ Witness list prepared
☐ Sexual-harassment training records demanded
☐ Litigation hold letter sent

Filing

☐ CHRO Inquiry Form submitted
☐ Verified complaint sworn before notary or Commissioner of Superior Court
☐ Dual filing with EEOC confirmed
☐ Service on Respondent confirmed
☐ Respondent's Answer / 30-day Position Statement calendared
☐ Merit Assessment Review preparation
☐ Mandatory mediation preparation

Civil Action (§ 46a-100)

☐ Complaint drafted (Part D)
☐ Return date set (Connecticut practice — second Tuesday rule)
☐ All counts plead
☐ Punitive damages plead
☐ Jury demand included
☐ Service via state marshal arranged

Client Communications

☐ Engagement letter executed
☐ CHRO exhaustion explained
☐ Release of Jurisdiction process explained
☐ 90-day post-Release deadline explained
☐ Damages range disclosed (uncapped state vs. capped federal)
☐ Fee structure / § 46a-104 fee-shifting explained
☐ Settlement authority obtained

Sources and References

• CHRO — Connecticut Commission on Human Rights and Opportunities: https://portal.ct.gov/chro
• CHRO — Discrimination Complaint Information: https://portal.ct.gov/CHRO/Discrimination-Information/Discrimination-Information
• Conn. Gen. Stat. Chapter 814c (full text): https://www.cga.ct.gov/current/pub/chap_814c.htm
• Conn. Gen. Stat. § 46a-60 — Discriminatory employment practices: https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-60
• Conn. Gen. Stat. § 46a-82 — Complaint filing: https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-82
• Conn. Gen. Stat. § 46a-100 — Civil action: https://law.justia.com/codes/connecticut/title-46a/chapter-814c/section-46a-100/
• Conn. Gen. Stat. § 46a-101 — Release of jurisdiction (FindLaw): https://codes.findlaw.com/ct/title-46a-human-rights/ct-gen-st-sect-46a-101/
• Conn. Gen. Stat. § 46a-104 — Damages and remedies in civil action: https://www.cga.ct.gov/current/pub/chap_814c.htm#sec_46a-104
• Conn. Gen. Stat. § 31-128b — Personnel file access: https://www.cga.ct.gov/current/pub/chap_563a.htm
• Public Act 19-16 (Time's Up Act): https://www.cga.ct.gov/2019/act/Pa/pdf/2019PA-00016-R00SB-00003-PA.PDF
• Public Act 21-2 (CROWN Act): https://www.cga.ct.gov/2021/ACT/PA/PDF/2021PA-00002-R00HB-06515-PA.PDF
• Public Act 22-82 (CHRO expansions): https://www.cga.ct.gov/2022/ACT/PA/PDF/2022PA-00082-R00SB-00224-PA.PDF
• Tomick v. United Parcel Service, 324 Conn. 470 (2016) (punitive damages availability)
• EEOC Boston Area Office (Connecticut coverage): https://www.eeoc.gov/field-office/boston/location
• EEOC — Filing a Charge of Discrimination: https://www.eeoc.gov/filing-charge-discrimination