§ 46a-58

Citation: § 46a-58
Parent Document: Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
Jurisdiction: Connecticut (state)
Effective Date: 2022-04-26
Original Source: https://www.courtlistener.com/opinion/6462677/connecticut-judicial-branch-v-gilbert/ ↗

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Again, the branch misses the mark. The foregoing
discussion demonstrates that the absence of EEOC
authority to formally adjudicate Title VII claims does
not indicate an intention to bar state agencies from
identifying Title VII violations for purposes of determin-
ing whether state law has been violated. Indeed, Con-
gress has expressed a strong preference for resolving
matters that concurrently violate Title VII and state
employment discrimination laws at the state level, with
recourse to federal court provided as a supplemental
rather than a preferred venue. As the United States
Supreme Court explained in New York Gaslight Club,
Inc. v. Carey, 447 U.S. 54, 100 S. Ct. 2024, 64 L. Ed. 2d
723 (1980), ‘‘throughout Title VII the word ‘proceeding’
. . . is used to refer to all the different types of proceed-
ings in which the statute is enforced, state and federal,
administrative and judicial.’’ Id., 62–63. ‘‘Initial resort
to state and local remedies is mandated, and recourse
to the federal forums is appropriate only when the
[s]tate does not provide prompt or complete relief.’’
Id., 65. ‘‘Title VII explicitly leaves the [s]tates free, and
indeed encourages them, to exercise their regulatory
power over discriminatory employment practices. Title
VII merely provides a supplemental right to sue in fed-
eral court if satisfactory relief is not obtained in state
forums.’’ Id., 67.
This sentiment pervades the legislative history of
Title VII. During the legislative debates, both supporters
and opponents of Title VII repeatedly expressed the
view that the proposed legislation was predicated on
the assumption that the nearly thirty states with func-
tional fair employment practices laws and agencies (pri-
marily northern and western states) generally could be
relied on to enforce antidiscrimination law in those
locations, and that the new federal agency, the EEOC,
would focus its efforts and limited resources on enforc-
ing the law in the states of the old Confederacy, which
Page 50 CONNECTICUT LAW JOURNAL April 26, 2022

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