Your Rights and Legal Options Regarding Workplace Discrimination in Connecticut
Workplace discrimination is a serious issue that can affect employees in many ways. In Connecticut, as in the rest of the United States, employment law is set in place to protect workers from discrimination based on certain characteristics. James S. Brewer, Attorney at Law is here to help protect your rights.
Reviewing these protections and the legal options available can help those who feel their rights have been violated take the appropriate steps. We'll explain what workplace discrimination is, what protections exist in Hartford, Connecticut, and what legal options you have if you find yourself facing such discrimination.
What Is Workplace Discrimination?
Workplace discrimination refers to unfair treatment of employees or job applicants based on characteristics such as race, color, religion, gender, national origin, age, disability, sexual orientation, or gender identity.
The federal government, as well as the state of Connecticut, prohibits discrimination in the workplace under various laws. These laws apply to most employers, with a few exceptions, and protect employees from being treated unfairly or harassed because of these protected traits.
There are several types of workplace discrimination, including but not limited to:
Hiring discrimination: Not being considered for a job based on a protected characteristic.
Firing discrimination: Being fired or laid off due to an illegal reason, such as race or age.
Promotion discrimination: Being passed over for a promotion because of factors like gender or disability.
Harassment: A hostile work environment created by unwelcome comments, actions, or behaviors based on a protected characteristic.
Wage discrimination: Being paid less than others for doing the same job because of race, gender, or other protected traits.
Federal and State Protections Against Discrimination
Federal law prohibits workplace discrimination through a variety of statutes. The most well-known include:
Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin.
The Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and older from age discrimination.
The Americans with Disabilities Act (ADA): Prevents discrimination based on disability.
The Equal Pay Act: Requires men and women to receive equal pay for equal work.
In addition to these federal protections, Connecticut has its own set of laws that provide even more specific protections to employees. The Connecticut Fair Employment Practices Act (CFEPA) is the key state law addressing workplace discrimination. It mirrors many of the provisions of federal law but goes further in some areas.
For example, the CFEPA prohibits discrimination on the basis of sexual orientation and gender identity, in addition to the characteristics listed under federal law. Connecticut law also offers stronger protections for employees facing retaliation.
Employees who report discrimination, file complaints, or participate in investigations are safeguarded from retaliation by their employer. This means an employer cannot legally punish an employee for asserting their rights under discrimination laws.
Protected Characteristics Under Connecticut Employment Law
If you’re finding yourself in this situation, you can be comforted to know that Connecticut law protects employees from discrimination based on a wide range of personal characteristics. Some characteristics that are covered include:
Race: Discrimination based on skin color or racial background.
Color: Discrimination based on the color of a person’s skin.
National origin: Discrimination based on a person’s country of origin or ethnic background.
Religion: Discrimination based on religious beliefs or practices.
Sex and gender: Discrimination based on gender, gender identity, or sexual orientation.
Disability: Discrimination against employees with physical or mental disabilities.
Age: Protection from discrimination for employees over the age of 40.
Sexual orientation: Protections for employees regardless of their sexual preferences or identity.
Genetic information: Discrimination based on genetic information is also prohibited.
In addition to these characteristics, Connecticut law prohibits discrimination against employees for various other reasons, including arrest or conviction records in certain cases, as well as military service. If you believe you’ve been the victim of workplace discrimination, there are steps you can take to protect your rights.
What to Do If You Experience Discrimination in the Workplace
The first action is often to report the issue to your employer. Many employers have specific procedures for addressing complaints of discrimination, and some may resolve the issue internally without the need for outside intervention.
It’s important to follow these internal reporting procedures carefully and document everything. If the issue isn’t resolved at the company level, the next step is typically to file a formal complaint. In Connecticut, employees can file a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO).
The CHRO is the state agency responsible for investigating claims of discrimination under Connecticut Employment Law. Filing a complaint with the CHRO can trigger an investigation into the employer's actions and may lead to a resolution of the issue.
Employees may also file a complaint with the Equal Employment Opportunity Commission (EEOC), which handles federal discrimination claims. In some cases, employees may choose to file with both the CHRO and the EEOC simultaneously. It’s important to know that there are deadlines for filing discrimination claims, so acting promptly is critical.
The Investigation Process
Once a complaint is filed with the CHRO or EEOC, an investigation will begin. The agency will typically collect evidence, such as employment records, witness statements, and other relevant documents, to assess whether discrimination occurred. If the investigation finds evidence of discrimination, several outcomes are possible.
The agency may attempt to resolve the issue through mediation, or if necessary, the case may proceed to a formal hearing or lawsuit. If the discrimination claim is not resolved in the employee’s favor, they still have legal options.
For example, if the CHRO finds insufficient evidence to support the claim, the agency will issue a "Release of Jurisdiction." This release allows the employee to pursue the case in court, where they may be able to seek remedies through litigation.
Remedies and Legal Outcomes
In Connecticut, there are various legal remedies available for victims of workplace discrimination. If a claim is successful, employees may be entitled to:
Back pay: Compensation for lost wages due to discriminatory actions, including raises and benefits that were denied.
Compensatory damages: Compensation for emotional distress, mental anguish, and other non-economic damages caused by discrimination.
Punitive damages: In cases of egregious discrimination, the court may award punitive damages designed to punish the employer and deter future violations.
Reinstatement: If an employee was wrongfully terminated or demoted due to discrimination, they may be entitled to be reinstated to their position.
Attorney’s fees: If the employee prevails in the case, they may be entitled to reimbursement for legal fees and court costs.
While some cases are resolved through mediation or settlements, others may require a formal trial. If the case proceeds to trial, it will be heard in a civil court where both sides will present their arguments, and a judge or jury will render a decision. Throughout this process, you do have several protections put in place so you can make your case without fear.
Retaliation and Whistleblower Protections
One of the most important aspects of Employment Law in Connecticut is the protection against retaliation. Employees who report discrimination or participate in investigations are protected from retaliation by their employer. Retaliation can take many forms, such as being demoted, transferred to a less favorable position, or fired after filing a discrimination claim.
If you experience retaliation after filing a complaint of discrimination, it’s essential to report it immediately. The CHRO and EEOC will consider retaliation as a serious violation of the law and will investigate the matter. Employees who experience retaliation may be entitled to additional remedies, including reinstatement, back pay, and compensation for emotional distress.
Filing a Lawsuit
If your claim is not resolved through the CHRO or EEOC, or if you’re dissatisfied with the outcome of an investigation, you have the right to file a lawsuit in Connecticut Superior Court or federal court. To do so, it’s usually helpful to consult with an attorney who practices employment law to assess your case and help you prepare for litigation.
A lawsuit can result in various forms of compensation, depending on the circumstances of the discrimination and the harm caused. Lawsuits may be filed for discrimination, harassment, retaliation, or wrongful termination based on illegal actions. Given this, it’s important to work with an experienced Connecticut employment law attorney.
Work With a Reputable Attorney Today
If you believe you’ve been the victim of discrimination, taking action sooner rather than later will help protect your rights and give you the best chance at a successful resolution. Our firm serves Hartford, Connecticut, and throughout the region, including New Haven and Bridgeport, and we're happy to help you. Reach out to James S. Brewer, Attorney at Law today.