Section 8-109. Complaint  


Latest version.
  • (a)  Any  person  aggrieved  by  an  unlawful
      discriminatory practice  or  an  act  of  discriminatory  harassment  or
      violence  as  set  forth in chapter six of this title may, by himself or
      herself or  such  person's  attorney,  make,  sign  and  file  with  the
      commission  a  verified  complaint in writing which shall: (i) state the
      name of the person alleged to have committed the unlawful discriminatory
      practice or act of discriminatory harassment or violence complained  of,
      and  the address of such person if known; (ii) set forth the particulars
      of the alleged unlawful discriminatory practice or act of discriminatory
      harassment or violence; and (iii) contain such other information as  may
      be  required  by  the  commission.  The commission shall acknowledge the
      filing of the complaint and advise the complainant of  the  time  limits
      set forth in this chapter.
        (b)  Any  employer  whose  employee  or  agent refuses or threatens to
      refuse to cooperate with the provisions of this chapter  may  file  with
      the   commission   a   verified   complaint  asking  for  assistance  by
      conciliation or other remedial action.
        (c) Commission-initiated complaints. The commission may  itself  make,
      sign  and file a verified complaint alleging that a person has committed
      an  unlawful  discriminatory  practice  or  an  act  of   discriminatory
      harassment or violence as set forth in chapter six of this title.
        (d)  The  commission  shall  serve  a  copy  of the complaint upon the
      respondent and all persons it deems to be necessary  parties  and  shall
      advise the respondent of his or her procedural rights and obligations as
      set forth herein.
        (e) The commission shall not have jurisdiction over any complaint that
      has   been   filed  more  than  one  year  after  the  alleged  unlawful
      discriminatory practice or act of discriminatory harassment or  violence
      as set forth in chapter six of this title occurred.
        (f)  The  commission  shall  not  have  jurisdiction  to  entertain  a
      complaint if:
        (i) the complainant has previously initiated a civil action in a court
      of competent jurisdiction alleging an unlawful  discriminatory  practice
      as  defined  by  this  chapter or an act of discriminatory harassment or
      violence as set forth in chapter six of this title with respect  to  the
      same grievance which is the subject of the complaint under this chapter,
      unless  such  civil  action  has  been  dismissed  without  prejudice or
      withdrawn without prejudice; or
        (ii) the complainant  has  previously  filed  and  has  an  action  or
      proceeding  before  any administrative agency under any other law of the
      state alleging an unlawful discriminatory practice as  defined  by  this
      chapter  or an act of discriminatory harassment or violence as set forth
      in chapter six of this title with respect to the same grievance which is
      the subject of the complaint under this chapter; or
        (iii) the complainant has previously filed a complaint with the  state
      division of human rights alleging an unlawful discriminatory practice as
      defined  by  this  chapter  or  an  act  of discriminatory harassment or
      violence as set forth in chapter six of this title with respect  to  the
      same  grievance which is the subject of the complaint under this chapter
      and a final determination has been made thereon.
        (g) In relation to complaints  filed  on  or  after  September  first,
      nineteen  hundred  ninety-one, the commission shall commence proceedings
      with respect to the complaint, complete a thorough investigation of  the
      allegations  of  the  complaint  and  make  a  final  disposition of the
      complaint promptly and within the time periods to be prescribed by  rule
      of  the  commission. If the commission is unable to comply with the time
      periods  specified  for  completing  its  investigation  and  for  final
      disposition   of   the  complaint,  it  shall  notify  the  complainant,
    
      respondent, and any necessary party in writing of the  reasons  for  not
      doing so.
        (h)  Any  complaint  filed  pursuant  to  this  section may be amended
      pursuant to procedures prescribed by rule of the  commission  by  filing
      such  amended  complaint  with the commission and serving a copy thereof
      upon all parties to the proceeding.
        (i) Whenever a  complaint  is  filed  pursuant  to  paragraph  (d)  of
      subdivision  five  of  section  8-107  of this chapter, no member of the
      commission nor any member of the commission staff shall make  public  in
      any manner whatsoever the name of any borrower or identify by a specific
      description  the  collateral  for  any loan to such borrower except when
      ordered to do so by a court of competent jurisdiction or  where  express
      permission  has  been  first obtained in writing from the lender and the
      borrower to such publication; provided, however, that the  name  of  any
      borrower  and  a  specific description of the collateral for any loan to
      such borrower may, if otherwise relevant, be introduced in  evidence  in
      any  hearing before the commission or any review by a court of competent
      jurisdiction of any order or decision by the commission.