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City of Shelton v. CHRO

City of Shelton v. CHRO

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Published by Dan Schwartz

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Published by: Dan Schwartz on Aug 22, 2012
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08/24/2014

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CITY OF SHELTON
v.
UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUTNO.:COMMISSION ON HUMAN RIGHTS and :OPPORTUNITIES AUGUST 13, 2012COMPLAINTJURISDICTION AND VENUE
1.
This
is
a suit brought pursuant to 42 U.S.C.
§
1983, the Fourteenth Amendment
of
the United States Constitution, Title VII
of
the Civil Rights Act
of
1964, 42 U.S.C.
§
2000e,
et. seq.
as amended by and including the Civil Rights Act
of
1991
and theDeclaratory Judgment Act, 28 U.S.C.
§
2201,
et. seq.
2. Jurisdiction
of
the Court is invoked pursuant to 42 U.S.C.
§§
1331
and 1343.
3.
Venue
in
this district
is
appropriate pursuant to 28 U.S.C.
§
1391(b), because thisis the district
in
which all parties reside and
in
which the cause
of
action arose.PARTIES
4.
The Plaintiff, City
of
Shelton (hereinafter the "City"),
is
a municipal corporationorganized under thelaws
of
the State
of
Connecticut, whose business address is 54 HillStreet, Shelton, Connecticut 06106. The plaintiff seeks equitable relief
on
behalf
of
itselfand all similarly situated employers who are charged with violations
of
federal
1
Case 3:12-cv-01176-JBA Document 1 Filed 08/14/12 Page 1 of 7
 
employments laws, which the Defendant purports to have the authority to adjudicateunder state law.
5.
The Defendant, Commission on Human Rights and Opportunities (hereinafter the"CHRO"), is an agency
of
the State
of
Connecticut, whose administrative offices arelocated at 25 Sigourney Street, Hartford, Connecticut 06016.FACTS
6.
The City is a Respondent in two separate contested cases now pending beforethe CHRO's Office
of
Public Hearing.
7.
The first case, titled
McGorty
v.
City
of
Shelton Fire Department
(CHRO No.0930371 and EEOC No. 16A-2009-01129), was brought by a current employee andraises claims
of
sexual harassment, hostile work environment, gender discriminationand retaliation
in
violation
of
the Connecticut Fair Employment Practices Act ("CFEPA"),Conn. Gen. Stat. §§ 46a-60(a)(1
),
(a)(4) and (a)(8) and Title VII. This action wascertified for public hearing following an investigator's finding
of
reasonable cause.
8.
The second case, titled
Puryear
v.
Echo Hose Ambulance Corps and City
of
Shelton
(CHRO No. 1130518), was brought by a volunteer member
of
Echo HoseAmbulance Corps. and alleges race discrimination
in
violation
of
the CFEPA, Conn.Gen. Stat.§ 46a-60(a)(1) and Title VII. This action was certified for public hearingwithout the parties' consent through a process called "Early Legal Intervention," amechanism that allows CHRO's Executive Director to certify matters for public hearing
2
Case 3:12-cv-01176-JBA Document 1 Filed 08/14/12 Page 2 of 7
 
prior to any investigation
or
finding
of
reasonable cause.
9.
"Public Hearings" are administrative hearings, or trials, governed by the UniformAdministrative Procedure Act.1
0.
The process and procedures for contested cases are set forth
in
Sections 46a-54-78a to 46a-54-98a
of
CHRO's Regulations:
a.
First, a complaint
is
certified for public hearing. Upon certification, the Office
of
Public Hearing appoints a human rights referee to act as the presiding officer. Thepresiding officer has the authority to rule upon motions, enter an order
of
default,administer oaths, admit or exclude testimony
or
other evidence, subpoena witnesses,and compels their attendance for the purpose
of
providing testimony
or
producingphysical evidence or both.
b.
Within 45 days
of
certification, a "Hearing Conference" is held. The "HearingConference" is akin to a scheduling conference. The parties set dates for theamendment
of
the pleadings, the disclosure
of
documents, motion practice, theexchange
of
witness and exhibit lists, and documents the parties intend to introduce asexhibits at the hearing.
c.
The presiding officer then issues a Notice
of
Public Hearing. The Respondenthas 15 days from the Notice
of
Public Hearing to Answer the Complaint.
d.
Thereafter, a public hearing
is
held. There, the parties may call, examine andcross-examine witnesses and introduce evidence into the record, subject to the
3
Case 3:12-cv-01176-JBA Document 1 Filed 08/14/12 Page 3 of 7

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