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Recently, in Angelsea Productions Inc. v. Commission on Human Rights & Opportunities, the Connecticut Supreme Court unanimously held that the Connecticut Commission on Human Rights and Opportunities (the “Commission”) loses jurisdiction over an employment discrimination complaint when it fails to comply with the statutory deadlines governing the investigation of complaints and the holding of public hearings. At the time of the Court’s decision, the statute provided that the Commission “shall” complete its investigation of a complaint within nine months, with a three-month extension of time for good cause, and “shall” hold a hearing within 90 days of a reasonable cause finding.

The Angelsea decision represented a victory for employers in its holding that the statutory deadlines are mandatory, not simply suggestive as the Commission had argued. As a result of the decision, nearly 1,000 employment discrimination complaints pending at the Commission suddenly were subject to dismissal. The Commission acted quickly, however, to prevent this from happening.

Within two weeks of the Angelsea decision, on the last day of the recent legislative session, the Connecticut General Assembly passed a bill that gives the Commission a reprieve. The new law extends jurisdiction over pending complaints that failed to comply with the statutory time requirements and extends the investigation and public hearing time requirements for future complaints. The Act, however, leaves intact the underlying holding of Angelsea – that the Commission’s failure to meet the statutory investigation and public hearing deadlines deprives it of jurisdiction over the complaint.

Jurisdiction Continues Over Pending Complaints
The new legislation provides that the Commission shall continue to have jurisdiction over pending complaints filed on or before January 1, 1996, in which the Commission failed to adhere to the statutory investigation or public hearing time requirements. The Commission will have until January 1, 1997 to complete its investigation and render a finding on these complaints. If the Commission fails to complete its investigation by January 1, 1997, the Commission can proceed no further, but must issue a release permitting the complainant instead to file a superior court action within 90 days if he or she wishes to pursue the matter further.

Typically, superior court actions must also be filed within two years of the date that the complaint was filed with the Commission. The new legislation, however, eliminates this two-year requirement for those CHRO complaints in which the Commission failed to comply with its investigation deadlines.

Time Deadlines Extended for Future Complaints
Under the old law, the Commission was required to complete its investigation and issue a determination within nine months of the filing of the complaint, with a three-month extension for good cause. The new law, which took effect upon its passage, extends the time for investigations to 12 months from the date of the filing of the complaint, with up to two extensions of three months each for good cause. Thus, the Commission now has up to 18 months to conduct an investigation and issue a determination.

The new law similarly extends the time within which the Commission must conduct a public hearing following the issuance of a reasonable cause determination. The old law required a public hearing within 90 days after the issuance of a reasonable cause finding. The new law, however, merely requires the Commission to “commence” the public hearing by holding a pre-hearing conference within 90 days. The hearing conference typically involves a conference with the Hearing Officer in which the parties set deadlines for filing motions, conducting discovery, and exchanging witness lists and exhibits. The actual public hearing may not begin until months later, although the new law goes on to provide that the hearing shall proceed with “reasonable dispatch.”

Employers Should Monitor Commission Compliance
Following Angelsea, it will no longer be possible for complaints to linger at the Commission for years. Rather, the Commission must now investigate and issue a determination on all newly filed complaints within a maximum of 18 months of the filing of the complaint and “commence” a public hearing by scheduling a pre-hearing conference within three months of the issuance of a reasonable cause finding. Employers should closely monitor the timeliness of the Commission’s investigation and public hearing process. Should the Commission fail to comply with these new statutory deadlines, employers should consider filing a motion to dismiss the complaint for lack of subject matter jurisdiction.