§ 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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sharing framework, the EEOC and state fair employ-
          ment practices agencies such as the commission essen-
          tially exercise joint jurisdiction over employment
          discrimination claims filed in either venue, with the
          EEOC deferring action on many Title VII claims to give
          state agencies a first crack at resolving them. See United
          States Equal Employment Opportunity Commission, FY
          2012 EEOC/FEPA Model Worksharing Agreement, avail-
          able at https://www.eeoc.gov/fy-2012-eeocfepa-model-
          worksharing-agreement (last visited April 20, 2022). As
          the United States Court of Appeals for the Fourth Cir-
          cuit has explained, ‘‘[t]he jurisdiction of [state fair
          employment practices] agencies overlaps that of the
          EEOC.’’ Equal Employment Opportunity Commission
          v. Navy Federal Credit Union, 424 F.3d 397, 410 n.15
          (4th Cir. 2005), cert. denied, 547 U.S. 1041, 126 S. Ct.
          1629, 164 L. Ed. 2d 335 (2006). ‘‘[Title VII is] best under-
          stood as creating a system of ‘cooperative federalism,’
          under which, in the interests of comity, the EEOC and
          state and local authorities share primary responsibility
          to enforce the civil rights laws.’’ Id., 410.
             The branch might have a better argument if federal
          courts had exclusive authority to adjudicate Title VII
          claims. But, in light of (1) the cooperative work sharing
          framework created under the federal mandate, (2) Con-
          gress’ express preference for resolving concurrent state
          and federal employment discrimination claims at the
          state level, and (3) ‘‘the humanitarian remedial policies’’
          that underlie Title VII; New York Gaslight Club, Inc. v.
          Carey, supra, 447 U.S. 62; we are not persuaded by the
          branch’s claim that the commission infringes on princi-
          ples of federal supremacy by predicating a violation of
          § 46a-58 (a) on a violation of Title VII. See Equal Employ-
          ment Opportunity Commission v. Federal Express
          Corp., 268 F. Supp. 2d 192, 198 (E.D.N.Y. 2003) (observ-
          requirements with those adopted by such agencies’’); see also 29 C.F.R.
          § 1601.13 (2020).
April 26, 2022             CONNECTICUT LAW JOURNAL                       Page 53

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