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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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We again are unpersuaded. Nothing in Truelove indi-
          cates that the legislature intended to preclude the com-
          mission from awarding a remedy authorized by § 46a-
          86 (c) for a violation of § 46a-58 (a) predicated on a
          discriminatory practiceprohibited by federallaw. Because
          the plaintiff in Truelove asserted no Title VII claim under
          § 46a-58 (a), the court had no occasion to consider
          the relief available in the present circumstances, which
          involve a violation of § 46a-58 (a) predicated on federal
          law. The decision in Truelove rested on our conclusion
          that the legislature, by attaching different remedies to
          our state’s various antidiscrimination statutes, had dem-
          onstrated an intention to limit the remedies available
          for a violation of § 46a-60. But violations of federal
          antidiscrimination law were cognizable under § 46a-58
          (a), which carried (and continues to carry) its own
          unique remedies, long before the adoption of the Con-
          necticut Fair Employment Practices Act. Our holding
          in Truelove cannot be understood to authorize this court
          to ignore the explicit terms of General Statutes (2012
          Supp.) § 46a-58 (a), which provides in relevant part that
          ‘‘[i]t shall be a discriminatory practice in violation of
          this section’’ to deprive any person of rights ‘‘protected
          by the . . . laws of . . . the United States, on account
          of . . . sex . . . .’’
             Two events occurring since Truelove was decided
          counsel against any expansion of the breadth of its
          holding. First, although the court in Truelove stated
          that the relevant legislative history shed no light on the
          intended interrelationship between §§ 46a-58 and 46a-
          60; Commission on Human Rights & Opportunities
          v. Truelove & Maclean, Inc., supra, 238 Conn. 346 n.13;
          doubt was later cast on that observation by our decision
          in Commission on Human Rights & Opportunities v.
          Board of Education, supra, 270 Conn. 690–705, which
          chronicled the extensive legislative history and deemed
          it to be incompatible with a ‘‘cramped interpretation’’
Page 58                         CONNECTICUT LAW JOURNAL                               April 26, 2022