Sep 4 2024
Josh Goodbaum: Hi, Amanda.
Amanda DeMatteis: Hi, Josh. What are we going to talk about today?
Goodbaum: Well, the law is full of acronyms, and employment law is no exception. One of the big ones we hear thrown around in Connecticut is CHRO, and we might hear about the related acronym EEOC. So, can you tell our viewers: what’s CHRO, what’s EEOC, and what do they need to know about the CHRO and the EEOC if they have a discrimination or retaliation claim?
DeMatteis: Absolutely. The CHRO is the Connecticut Commission on Human Rights and Opportunities, and the EEOC is the Equal Employment Opportunity Commission, and these are two separate entities, but they’re quite related. You’ll remember that we have laws in Connecticut that protect employees at work. Likewise, we have federal laws that protect employees at work.
In order to have access to our court systems, you first need to do what’s called “exhausting your administrative remedies.” Think about if someone were to get into a car accident as a result of someone else’s negligence. The person who got hurt can sue the other person for the damages or injuries that they sustained during that accident the very next day. There’s nothing that prohibits or precludes their right or access to the courts.
In employment discrimination cases, both on the state and federal level, there’s a difference. You have to go through these administrative agencies first. For any state law claims, that’s the CHRO. For any federal claims, that’s the EEOC.
So, we get these questions a lot: “Well, can I file with the CHRO or EEOC by myself? Is this something that I need a lawyer for?”
The answer is no: you don’t need a lawyer to exhaust your administrative remedies by filing with either the CHRO or the EEOC. However, if you think you have a discrimination or retaliation claim that you want to bring to the CHRO or the EEOC, I strongly recommend that you chat with an employment lawyer about it first.
The reason is that there are some nuances in filing with the CHRO or EEOC. When you file with the CHRO or EEOC, you have to file a charge of discrimination or retaliation, which looks a little bit like a complaint that would come later in court. There are strategic decisions to be made, including about what to include or what not to include by way of allegations. So, having the support of an employment lawyer before you go through that process might prove really useful and beneficial to you down the road.
Goodbaum: I agree with that 100%, Amanda. I can’t tell you the number of people who come to me and say, “I filed with the CHRO, and I’m now in a phase of the process where I think I need a lawyer,” and they send me what they filed. And I say, “I really wish you’d come to me first. I think we could have improved this filing and could have improved your chances of success in this dispute.”
I want to remind people as well they only have 300 days, in most cases, from the act of discrimination or retaliation to file with the CHRO or the EEOC. So, talk to a lawyer and do so early. Remember, 300 days. That’s an absolute deadline in most cases. If you don’t file by that time, you may be out of luck.
We hope that’s helpful for you and we thank you so much for watching. We’ll see you next time.
DeMatteis: Take care.
Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in Commentary
Tagged Amanda DeMatteis, Joshua Goodbaum
