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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 46a-58

Citation
§ 46a-58
Parent Document
Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
Jurisdiction
Connecticut (state)
Effective Date
2022-04-26

Other Sections in This Document (128)

Full Text

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had not seen fit to create their own fair employment
          practices agencies.13 The primary sponsors of the legis-
          lation made numerous statements indicating their strong
          preference for resolving discrimination claims at the
          state level and emphasizing the central role that they
          envisioned state fair employment practices agencies
          would play in the enforcement of the federal law.14 The
          branch is therefore incorrect when it posits that there
          is no reason why Congress would permit state adminis-
          trative agencies, but not the EEOC, to resolve claims
          based on violations of Title VII. During the debates over
          Title VII in 1964, and again with respect to the 1972
          amendments, the primary argument levied against giv-
          ing the EEOC the power to hold contested hearings
          and to issue cease and desist orders was that the states
          were competent to enforce antidiscrimination law and
          did not want or need matters resolved by a federal
          bureaucracy.
             The congressional preference for resolving employ-
          ment discrimination claims at the state level, using state
          remedies and state administrative agencies, is reflected
          in Title VII’s ‘‘work sharing’’ scheme.15 Under the work
            13
                See, e.g., 110 Cong. Rec. 7205 (1964), remarks of Senator Joseph S.
          Clark; J. Clark & C. Case, Interpretative Memorandum of Title VII of H.R.
          7152, 110 Cong. Rec. 7214 (1964); J. Clark, Response to Dirksen Memoran-
          dum, 110 Cong. Rec. 7216 (1964); 110 Cong. Rec. 11,942 (1964), remarks of
          Senator Richard B. Russell.
             14
                See, e.g., 110 Cong. Rec. 7205 (1964), remarks of Senator Joseph S.
          Clark (‘‘the [EEOC] can make arrangements to use and pay for the services
          of [s]tate and local agencies in carrying out its duties under the [f]ederal
          law’’); id., 11,936, remarks of Senator Hubert H. Humphrey (‘‘one of the
          improvements I see in the amendment . . . is the inclusion . . . of provi-
          sion for the responsibility of local and [s]tate authorities to seek compliance
          with the law . . . through local enforcement’’); id., 12,580, remarks of Sena-
          tor Humphrey (‘‘we have taken [T]itle VII and rewritten it, believing that
          the prime responsibility for action and enforcement is at the [s]tate and
          local level’’); id., 12,721, remarks of Senator Humphrey (‘‘[i]n effect, these
          [work sharing] agreements would give jurisdiction over complaints to [state
          fair employment practices] agencies [when]ever the practice complained of
          also violates [s]tate or local law’’).
             15
                The relationship between the EEOC and the state agencies with which
          it partners and to which it often defers is embodied in numerous provisions
April 26, 2022                   CONNECTICUT LAW JOURNAL                                       Page 51