CHRO’S EXPEDITED COMPLAINT CHRO’S EXPEDITED COMPLAINT PROCESSING CONFERENCEPROCESSING CONFERENCE

October 18, 2011October 18, 2011

PROMOTINGPROMOTING EQUALITY AND JUSTICEEQUALITY AND JUSTICE

FOR ALL PERSONS

DAN SCHWARTZDAN SCHWARTZwww.ctemploymentlawblog.comwww.ctemploymentlawblog.com

It’s a whole It’s a whole new world new world starting starting October 1st.”October 1st.”

http://www.ctmirror.com/story/13957/officials-say-chro-http://www.ctmirror.com/story/13957/officials-say-chro-complaint-backlog-cant-be-fixed-without-more-staffcomplaint-backlog-cant-be-fixed-without-more-staff

Sen. Sen. Eric ColemanEric Coleman, D-Bloomfield, co-chairman , D-Bloomfield, co-chairman of the Judiciary Committee, and former Rep. of the Judiciary Committee, and former Rep. Andrew M. Norton, CHRO chairman for the past Andrew M. Norton, CHRO chairman for the past five years, both said that while the new five years, both said that while the new legislationlegislation could be helpful, the commission could be helpful, the commission needs funds to reverse a reduction of nearly 30 needs funds to reverse a reduction of nearly 30 in staffing over the last few years.in staffing over the last few years.

"I think the issues at CHRO are greater than "I think the issues at CHRO are greater than can be addressed just by this legislation."can be addressed just by this legislation."

STAFFING LEVELSSTAFFING LEVELS(source: Administrative Reports to the Governor)(source: Administrative Reports to the Governor)

FY 1980-01 108FY 1980-01 108 FY 1981-82 120FY 1981-82 120 FY 1982-83 107FY 1982-83 107 FY 1983-84 101FY 1983-84 101 FY 1984-85 103FY 1984-85 103 FY 1985-86 110FY 1985-86 110 FY 1986-8 117FY 1986-8 117 FY 1987-88 121FY 1987-88 121 FY 1988-89 125 (108)FY 1988-89 125 (108)

FY 1989-90FY 1989-90 112112 FY 1990-91FY 1990-91 99 99 FY 1991-92FY 1991-92 97 97 FY 1992-93FY 1992-93 93 93 FY 1993-94FY 1993-94 96 96 FY 1994-95FY 1994-95 105105 FY 1995-96FY 1995-96 105105 FY 1996-97FY 1996-97 89 89 FY 1997-98FY 1997-98 100100

STAFFING LEVELSSTAFFING LEVELS(source: Administrative Reports to the Governor)(source: Administrative Reports to the Governor)

FY 1999-00FY 1999-00 108108

FY 2000-01FY 2000-01 109109 FY 2001-02FY 2001-02 109109 FY 2002-03FY 2002-03 101101 FY 2003-04FY 2003-04 95 95 FY 2004-05FY 2004-05 98 98

FY 2005-06 98FY 2005-06 98 FY 2006-07 100FY 2006-07 100 FY 2007-08 103FY 2007-08 103 FY 2008-09 103 (95)FY 2008-09 103 (95) FY 2009-10 80 (74)FY 2009-10 80 (74) FY 2010-11 82 (69)FY 2010-11 82 (69)

FY 1988-89 125 (108)FY 1988-89 125 (108)

FY 2010-11 82 (69)FY 2010-11 82 (69)

CENTRAL OFFICE STAFFINGCENTRAL OFFICE STAFFING GOOD OLD DAYSGOOD OLD DAYS

EXECUTIVE DIRECTOREXECUTIVE DIRECTOR DEPUTY DIRECTORDEPUTY DIRECTOR CHIEF OF FIELD OPERATIONSCHIEF OF FIELD OPERATIONS MANAGING DIRECTORMANAGING DIRECTOR PRINCIPAL ATTORNEYPRINCIPAL ATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEY (.6)ATTORNEY (.6)

TODAYTODAY

EXECUTIVE DIRECTOREXECUTIVE DIRECTOR ---------- ---------- ---------- PRINCIPAL ATTORNEYPRINCIPAL ATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ATTORNEYATTORNEY ---------- ---------- ----------

CENTRAL OFFICE STAFFINGCENTRAL OFFICE STAFFING

GOOD OLD DAYSGOOD OLD DAYS

INVESTIGATOR (Ed. & Outreach)INVESTIGATOR (Ed. & Outreach) INVESTIGATOR (Ed. & Outreach)INVESTIGATOR (Ed. & Outreach) INVESTIGATOR (Ed. & Outreach)INVESTIGATOR (Ed. & Outreach) INVESTIGATOR (Ed. & Outreach)INVESTIGATOR (Ed. & Outreach) TRAINERTRAINER PARALEGALPARALEGAL BUSINESS OFFICE BUSINESS OFFICE EXECUTIVE SECRETARYEXECUTIVE SECRETARY ADMINISTRATIVE ASS’TADMINISTRATIVE ASS’T ADMINISTRATIVE ASS’TADMINISTRATIVE ASS’T LEGAL TYPISTLEGAL TYPIST SECRETARYSECRETARY

TODAYTODAY

---------- ---------- ---------- ---------- ---------- PARALEGALPARALEGAL ---------- ---------- ---------- ---------- ---------- SECRETARYSECRETARY

CENTRAL OFFICE STAFFINGCENTRAL OFFICE STAFFING

GOOD OLD DAYSGOOD OLD DAYS

26.626.6 TODAYTODAY

1111

LEGAL DIVISION STAFFINGLEGAL DIVISION STAFFING

GOOD OLD DAYSGOOD OLD DAYS

15.615.6

TODAYTODAY

1010

History of investigative methodsHistory of investigative methods

JUNE 29, 1943JUNE 29, 1943

INTER-RACIAL COMMISSION

General Statutes General Statutes §§ 470g 470g(1943 Supp.)(1943 Supp.)

““The commission shall The commission shall compile factscompile facts concerning discriminationconcerning discrimination in employment, in employment, violations of civil liberties and other related violations of civil liberties and other related matters. Said commission shall report to matters. Said commission shall report to the governor biennially the result of its the governor biennially the result of its investigations, with its investigations, with its recommendations recommendations for the removal of such injusticesfor the removal of such injustices as it may as it may find to exist.”find to exist.”

1947 P.A. 1711947 P.A. 171(General Statutes (General Statutes §§ 1365i) 1365i)

““After the filing of any complaint, the chair-After the filing of any complaint, the chair-man of the commission shall refer the man of the commission shall refer the same to a commissioner or investigator to same to a commissioner or investigator to make prompt preliminary investigation of make prompt preliminary investigation of such complaint….” such complaint….”

1959 P.A. 3341959 P.A. 334

P.A. 80-422, P.A. 80-422, §§ 31 31

General Statutes General Statutes § § 1365i1365i“the chairman of the commission “the chairman of the commission

shall refer the same to a shall refer the same to a commissioner or investigator to make commissioner or investigator to make

prompt preliminary investigation”prompt preliminary investigation”

P.A. 80-422, P.A. 80-422, § § 3131

““the chairman of the commission the chairman of the commission shall refer the same to a shall refer the same to a

commissioner or investigator to commissioner or investigator to investigate”investigate”

PROMPT

Williams v. CHROWilliams v. CHRO, 257 Conn. 258, , 257 Conn. 258, 286 (2001)286 (2001)

““This bill, Mr. Chairman, would take care of a This bill, Mr. Chairman, would take care of a problem that has faced the agency for several problem that has faced the agency for several years now. years now. Because again the rather large Because again the rather large caseload…approximately, 700 pending com-caseload…approximately, 700 pending com-plaints, approximately 22 full time investigators, plaints, approximately 22 full time investigators, we find it difficult to reach the complainant in we find it difficult to reach the complainant in timetime to take his or her complaint….” to take his or her complaint….”

Remarks of Executive Director Arthur L. Green Remarks of Executive Director Arthur L. Green (1974)(1974)

Legislative attempts to modify Legislative attempts to modify CHRO case processingCHRO case processing

Public acts affecting CHRO case Public acts affecting CHRO case processing (1988-2011)processing (1988-2011)

P.A. 88-241P.A. 88-241 P.A. 89-332P.A. 89-332 91-30291-302

93-31393-313 93-36293-362

94-11394-113

AAC Enforcement and Appeal AAC Enforcement and Appeal of Decisions of the CHROof Decisions of the CHRO

AAC the CHROAAC the CHRO AAC Complaint Processing AAC Complaint Processing

and Operational Efficiency of and Operational Efficiency of the CHROthe CHRO

AAC…Hearing Officers for the AAC…Hearing Officers for the CHROCHRO

AAC the Enhancement and AAC the Enhancement and Cost Effectiveness of the Cost Effectiveness of the Hearing Process for the CHROHearing Process for the CHRO

AAC Alternate Dispute AAC Alternate Dispute Resolution for Discriminatory Resolution for Discriminatory Employment Practice Employment Practice ComplaintsComplaints

Public acts affecting CHRO case Public acts affecting CHRO case processing (1988-2011)processing (1988-2011)

P.A. 94-238P.A. 94-238

P.A. 96-241P.A. 96-241 P.A. 98-245P.A. 98-245 P.A. 00-12P.A. 00-12

P.A. 00-199P.A. 00-199

AAC Discretion Regarding AAC Discretion Regarding Discriminatory Practice Discriminatory Practice Complaints… Complaints…

AAC the CHROAAC the CHRO AAC the Discriminatory AAC the Discriminatory

Practice Complaint Procedure Practice Complaint Procedure of the CHROof the CHRO

AAC the Review and Dismissal AAC the Review and Dismissal of Discriminatory Practice of Discriminatory Practice Complaints by the CHROComplaints by the CHRO

AAC the Reopening of Matters AAC the Reopening of Matters by the CHROby the CHRO

Public acts affecting CHRO case Public acts affecting CHRO case processing (1988-2011)processing (1988-2011)

P.A. 01-95P.A. 01-95

P.A. 03-143P.A. 03-143 P.A. 05-201P.A. 05-201

P.A. 11-237P.A. 11-237

AAC Reconsideration AAC Reconsideration Requests and the Reopening Requests and the Reopening of Matters by the CHROof Matters by the CHRO

AAC Alternate Dispute AAC Alternate Dispute Resolution before the CHROResolution before the CHRO

AAC the Supervision of the AAC the Supervision of the Legal Staff of the CHRO and Legal Staff of the CHRO and the Processing of Housingthe Processing of Housing

Discrimination Complaints by Discrimination Complaints by the CHROthe CHRO

AAC the CHROAAC the CHRO

Hartford CourantHartford Courant, May 22, 1988, May 22, 1988

Federal surplus possibleFederal surplus possible Gorbachev seeks unmanned flight to Mars Gorbachev seeks unmanned flight to Mars

with U.S.with U.S. Game 7: History is on the Celtics’ sideGame 7: History is on the Celtics’ side

DELAYS, DENIALS DELAYS, DENIALS MAR RIGHTS MAR RIGHTS

COMMISSION’S COMMISSION’S RECORDRECORD

Hartford CourantHartford Courant, May 26, 1988, May 26, 1988 Complainants being denied fair hearingsComplainants being denied fair hearings CHRO uses a reasonable cause standard CHRO uses a reasonable cause standard

far more strict than the law allowsfar more strict than the law allows Takes a year or more for investigations to Takes a year or more for investigations to

beginbegin

P.A. 89-332

P.A. 89-332P.A. 89-332

1. Added definition of “reasonable 1. Added definition of “reasonable cause”cause”

2. Added right to comment on 2. Added right to comment on evidenceevidence

3. Added right to review file3. Added right to review file 4. Set deadlines for investigations4. Set deadlines for investigations

P.A. 94-238P.A. 94-238

1. Added MAR1. Added MAR 2. Reconsideration/Appeal of MARs 2. Reconsideration/Appeal of MARs 3. Fact-Finding as an option to full 3. Fact-Finding as an option to full

investigationsinvestigations 4. Added mandatory mediations4. Added mandatory mediations 5. Default/Dismissal for failure to attend 5. Default/Dismissal for failure to attend

mediationmediation 6. Decertification of reasonable cause 6. Decertification of reasonable cause

findingsfindings

P.A. 11-237: Why?P.A. 11-237: Why?

WHY DO WE HAVE WHY DO WE HAVE LEGISLATION?LEGISLATION?

Legislation is a response to a Legislation is a response to a problem, actual or perceived, problem, actual or perceived,

by lawmakers.by lawmakers.

WHAT PROBLEMS?WHAT PROBLEMS?

Too many MAR dismissalsToo many MAR dismissals Too few Reasonable Cause findingsToo few Reasonable Cause findings Too long to process casesToo long to process cases Too little consistency from region to regionToo little consistency from region to region

TOO MANY MAR DISMISSALSTOO MANY MAR DISMISSALS

MAR DISMISSALSMAR DISMISSALS

FY 00-01FY 00-0145%45%

FY 01-02FY 01-0237%37%

FY 02-03FY 02-0336%36%

FY 03-04FY 03-0437%37%

FY 04-05FY 04-0536%36%

MAR DISMISSALSMAR DISMISSALS

FY 05-06FY 05-06 27%27% FY 06-07FY 06-07 29%29% FY 07-08FY 07-08 28%28% FY 08-09FY 08-09 30%30% FY 09-10FY 09-10 30%30%

What % of Reconsiderations of What % of Reconsiderations of MAR Dismissals Were Granted MAR Dismissals Were Granted

by Legal?by Legal?A. 30% A. 30% B. 40%B. 40%C. 50%C. 50%D. 60%D. 60%E. 70%E. 70%

Reconsiderations of MAR Reconsiderations of MAR Dismissals by Legal (2007-11)Dismissals by Legal (2007-11)

MAR dismissals granted MAR dismissals granted 62%62% 278 278

MAR dismissals rejected MAR dismissals rejected 38%38% 167 167

RECONSIDERATION REQUESTEDRECONSIDERATION REQUESTED(2007-11)(2007-11)

About 542 out of About 542 out of aboutabout

1,834 MAR 1,834 MAR dismissalsdismissals

About 30% About 30% requestrequest

reconsiderationreconsideration

TOTAL MAR DISMISSALSTOTAL MAR DISMISSALS (FY 2000-01 TO FY 2009-10) (FY 2000-01 TO FY 2009-10)

7,3157,315

1999 Program Review and 1999 Program Review and Investigations Committee ReportInvestigations Committee Report

““MAR activities MAR activities should be closely should be closely monitored to detect monitored to detect unintentional over- unintentional over- or underscreening of or underscreening of complaints and to complaints and to identify any identify any problems in regional problems in regional application of application of standards.”standards.”

1999 Program Review and 1999 Program Review and Investigations Committee ReportInvestigations Committee Report

““Raise the bar on qualifications – Raise the bar on qualifications – especially in the MAR unit….The MAR unit especially in the MAR unit….The MAR unit needs workers with needs workers with legal analytical skillslegal analytical skills.”.”

June 20, 2008 statement to 2008 Advisory June 20, 2008 statement to 2008 Advisory Committee by Legal re MARCommittee by Legal re MAR

““The current merit assessment review The current merit assessment review process should be reviewed…to ensure process should be reviewed…to ensure that merit assessment is only being used that merit assessment is only being used to weed out clearly unmeritorious cases. to weed out clearly unmeritorious cases. Further, Further, it is imperative that a uniform it is imperative that a uniform standard be applied so that closure rates standard be applied so that closure rates do not fluctuate widely from region to do not fluctuate widely from region to regionregion.”.”

TOO FEWTOO FEW

REASONABLEREASONABLE

CAUSECAUSE

FINDINGSFINDINGS

REASONABLE CAUSE REASONABLE CAUSE STANDARDSTANDARD

“’“’[R]easonable cause’ means a bona fide [R]easonable cause’ means a bona fide belief that the material issues of fact are belief that the material issues of fact are such that a person of ordinary caution, such that a person of ordinary caution, prudence and judgment prudence and judgment COULD BELIEVECOULD BELIEVE the facts alleged in the complaint.”the facts alleged in the complaint.”

CONN. GEN. STAT. CONN. GEN. STAT. § 46a-83(c)§ 46a-83(c)

Reasonable cause findings Reasonable cause findings (as a % of regional case closures)(as a % of regional case closures)

FY 09-10 4.3%FY 09-10 4.3% FY 08-09 4.3%FY 08-09 4.3% FY 07-08 3.7%FY 07-08 3.7% FY 06-07 4.2%FY 06-07 4.2% FY 05-06 3.4%FY 05-06 3.4% NOTE:NOTE: Fewer than 1 case in 25 results in Fewer than 1 case in 25 results in

a finding of reasonable cause.a finding of reasonable cause.

RI Commission for Human RightsRI Commission for Human RightsFY 09-10 ReportFY 09-10 Report

http://www.richr.state.ri.us/2010annualreport.pdfhttp://www.richr.state.ri.us/2010annualreport.pdf

Probable Cause was found in over 10% of cases, same as in FY 08-09

MONTANA HUMAN RIGHTS BUREAUMONTANA HUMAN RIGHTS BUREAU

What % FY10 Closures What % FY10 Closures Were Findings of Were Findings of Reasonable Cause?Reasonable Cause?

A. 2%A. 2% B. 5%B. 5% C. 8%C. 8% D. 12%D. 12% E. 17%E. 17%

TOO LONG TO PROCESS CASESTOO LONG TO PROCESS CASES

CT LawyerCT Lawyer – Atty. Joshua Hawks- – Atty. Joshua Hawks-Ladds 2009Ladds 2009

Unfortunately, the Commission has become an Unfortunately, the Commission has become an underfunded, understaffed and underfunded, understaffed and perpetually backlogged perpetually backlogged bureaucracybureaucracy.. Along with many valid discrimination Along with many valid discrimination complaints, the Commission’s offices are clogged with complaints, the Commission’s offices are clogged with specious claims that the Commission is required to specious claims that the Commission is required to investigate. This means that the bona fide discrimination investigate. This means that the bona fide discrimination claims against landlords and employers get lost in the claims against landlords and employers get lost in the morass. Some of the valid claims are removed from the morass. Some of the valid claims are removed from the CHRO and litigated in the state and federal courts. CHRO and litigated in the state and federal courts. However, However, the the many of the claimsmany of the claims (over 2,000 are filed (over 2,000 are filed each year) each year) languish for yearslanguish for years in the agency’s offices in the agency’s offices. . The system is unfair to claimants with bona fide claims, The system is unfair to claimants with bona fide claims, as well as employers and landlords with bona fide as well as employers and landlords with bona fide defenses. defenses.

RI Commission for Human RightsRI Commission for Human RightsFY 09-10 ReportFY 09-10 Report

http://www.richr.state.ri.us/2010annualreport.pdfhttp://www.richr.state.ri.us/2010annualreport.pdf

For the 12th consecutive year, the RI Commission processed more cases than it took in (403 vs. 382).

RATIO OF CASES CLOSED TO CASES FILEDRATIO OF CASES CLOSED TO CASES FILED

FY 07-08 109%FY 07-08 109% FY 08-09 106%FY 08-09 106% FY 09-10 89%FY 09-10 89% FY 10-11 84% FY 10-11 84%

(est. – 1,600 / 1,900)(est. – 1,600 / 1,900)

CHRO Budget in DetailCHRO Budget in Detail

FY 10-11 100%FY 10-11 100% FY 11-12 100%FY 11-12 100% FY 12-13 100%FY 12-13 100%

AUDITORS OF PUBLIC ACCOUNTS’S REPORT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

FOR THE FISCAL YEARS ENDED JUNE 30, 2008, AND 2009 p.6 p.6

“During the fiscal years ended June 30, 2008 and 2009, respectively, 738 of 1,326 and 633 of 1,127 complaints closed exceeded the statutory maximum of 370 days.”

FY 07-08 56% more than 1 year FY 08-09 56% more than 1 year 56% more than 1 year

New York State Division of Human RightsNew York State Division of Human Rights

>> 181 days: 181 days:

33%33% 181-365 days:181-365 days:

41%41% 1-2 years:1-2 years:

24%24% 2+ years:2+ years:

2%2%

AUDITOR OF PUBLIC ACCOUNTS - FY 07-08/08-09AUDITOR OF PUBLIC ACCOUNTS - FY 07-08/08-09http://www.cga.ct.gov/apa/pdf2011/CHRO_29010_09.pdfhttp://www.cga.ct.gov/apa/pdf2011/CHRO_29010_09.pdf

Pre-2006 68 2.5% (oldest 2000) 2007 52 2% 2008 136 5% 2009 433 16.5% 2010 1,160 44% 2011 764 29% 29% TOTAL: 2,613 (As of June 24, 2011)TOTAL: 2,613 (As of June 24, 2011)

NY v. CTNY v. CT NEW YORKNEW YORK 1 year……65%1 year……65% 1-2 years..29%1-2 years..29% 2-3 years.. 4%2-3 years.. 4% 3+ years… 2%3+ years… 2% (as of 4-30-11)(as of 4-30-11)

CONNECTICUTCONNECTICUT 1 year…...51%1 year…...51% 1-2 years..31%1-2 years..31% 2-3 years..11%2-3 years..11% 3+ years… 7%3+ years… 7% (as of 6-24-11)(as of 6-24-11)

AUDITORS OF PUBLIC ACCOUNTS - FY 07-08/08-09AUDITORS OF PUBLIC ACCOUNTS - FY 07-08/08-09http://www.cga.ct.gov/apa/pdf2011/CHRO_29010_09.pdfhttp://www.cga.ct.gov/apa/pdf2011/CHRO_29010_09.pdf

“The Commission on Human Rights and Opportunities should take steps to fully comply with Section 46a-83…by improving its performance in completing determin-ations of reasonable cause or no reason-able cause in cases of alleged workplace discrimination within the statutory time-frame.”

FY 98-99 293 daysFY 98-99 293 days

FY 99-00 286 daysFY 99-00 286 days

MCADMCADhttp://www.mass.gov/mcad/index.htmlhttp://www.mass.gov/mcad/index.html

““Partnerships with the US Department of Partnerships with the US Department of Housing and Urban Development and the Housing and Urban Development and the federal Equal Employment Opportunity federal Equal Employment Opportunity Commission now account for Commission now account for more than more than half of the Commission's operating budgethalf of the Commission's operating budget and partnerships with municipal human and partnerships with municipal human rights commissions bring MCAD services rights commissions bring MCAD services to local communities across the state.”to local communities across the state.”

WHAT % OF CHRO BUDGET WHAT % OF CHRO BUDGET COMES FROM THE FEDS?COMES FROM THE FEDS?

A. 50%A. 50%B. 40%B. 40%C. 30%C. 30%D. 20%D. 20%E. E. < < 20%20%

CHROCHROP.A. 11-06, P.A. 11-06, § § 11

EEOC and HUD funds account for EEOC and HUD funds account for less less

thanthan 20%20% of CHRO’s FY 11-12 budget of of CHRO’s FY 11-12 budget of $7,057,331$7,057,331

PA Human Relations Commission PA Human Relations Commission 2009-10 Annual Report, p.102009-10 Annual Report, p.10

PHRC’s settlement rate far exceeds all other PHRC’s settlement rate far exceeds all other state Fair Employment Practices Agencies and state Fair Employment Practices Agencies and is more than twice that of the federal Equal is more than twice that of the federal Equal Employment Opportunity Commission. The 40 Employment Opportunity Commission. The 40 percent rate for 2009-2010 is a decrease of one percent rate for 2009-2010 is a decrease of one percentage point over the previous year, but is percentage point over the previous year, but is five percentage points higher than in 2007-2008.five percentage points higher than in 2007-2008.

• • PHRC Settlement Rate, 2009-2010 — 40%PHRC Settlement Rate, 2009-2010 — 40% • • Peer agencies’ five-year average — 21.3%Peer agencies’ five-year average — 21.3% • • EEOC 5-year average — 17.8%EEOC 5-year average — 17.8%

CHRO SETTLEMENT RATECHRO SETTLEMENT RATE FY 05-06. . . . . . . . . . . .33%FY 05-06. . . . . . . . . . . .33% FY 06-07. . . . . . . . . . . .31%FY 06-07. . . . . . . . . . . .31% FY 07-08. . . . . . . . . . . .33%FY 07-08. . . . . . . . . . . .33% FY 08-09. . . . . . . . . . . .34%FY 08-09. . . . . . . . . . . .34% FY 09-10. . . . . . . . . . . .33%FY 09-10. . . . . . . . . . . .33% 5 YEAR AVERAGE: . . .33% 5 YEAR AVERAGE: . . .33%

NOTE: Does not include settlements that fall within NOTE: Does not include settlements that fall within Withdrawal categoryWithdrawal category

2008 CHRO TASK FORCE2008 CHRO TASK FORCE

““Increase the [CHRO’s] use and imple-Increase the [CHRO’s] use and imple-mentation of mediationmentation of mediation and conciliation and conciliation procedures….Train and educate Inves-procedures….Train and educate Inves-tigators (and Regional Managers) to tigators (and Regional Managers) to invoke mediation steps earlyinvoke mediation steps early on in the on in the process.”process.”

From a version of 2009 budget From a version of 2009 budget implementerimplementer

““Pursuant to regulations adopted in Pursuant to regulations adopted in accordance with chapter 54, the commis-accordance with chapter 54, the commis-sion shall institute policies and procedures sion shall institute policies and procedures to identify complaints that are reasonably to identify complaints that are reasonably susceptible to early resolution and shall susceptible to early resolution and shall promote and promote and encourage the closure of encourage the closure of complaints through voluntary settlement complaints through voluntary settlement by the assignment of staffby the assignment of staff and commit- and commit-ment of other necessary resources.”ment of other necessary resources.”

1999 Program Review and 1999 Program Review and Investigations Committee ReportInvestigations Committee Report

““[P]rogram review recommends that [P]rogram review recommends that CHRO separate the mediation and CHRO separate the mediation and investigations componentsinvestigations components, and , and establish clear and consistent policies establish clear and consistent policies on mediation activities.”on mediation activities.”

1989 H.B. 7117, 1989 H.B. 7117, §§ 4 4 ““Upon a determination that there is rea-Upon a determination that there is rea-

sonable cause to believe that a discrim-sonable cause to believe that a discrim-inatory practice has been or is being inatory practice has been or is being committed as alleged in the complaint, committed as alleged in the complaint,

the complaint shall be referred to the the complaint shall be referred to the commission counselcommission counsel who shall attempt to who shall attempt to eliminate the practice complained of by eliminate the practice complained of by conference, conciliation and persuasion conference, conciliation and persuasion within sixty days of a finding of reasonable within sixty days of a finding of reasonable cause.”cause.”

2008 CHRO TASK FORCE2008 CHRO TASK FORCE

““The Commission Counsel should take The Commission Counsel should take responsibility for this area and identify and responsibility for this area and identify and implement training on a regular basis for implement training on a regular basis for staff in investigatory roles.”staff in investigatory roles.”

TOO MUCH INCONSISTENCY TOO MUCH INCONSISTENCY FROM REGION TO REGIONFROM REGION TO REGION

Testimony of Cynthia Watts Elder, October 19, 1999 – Testimony of Cynthia Watts Elder, October 19, 1999 – Program Review and Investigations CommitteeProgram Review and Investigations Committee

““My personal observations…indicated that, My personal observations…indicated that, among other things, employee morale was among other things, employee morale was low, there was an erosion of trust between low, there was an erosion of trust between front-line staff and management, the agen-front-line staff and management, the agen-cy is crippled by inadequate resources, cy is crippled by inadequate resources, there existed inadequate communication there existed inadequate communication between staff and management, inade-between staff and management, inade-quate training opportunities, little oppor-quate training opportunities, little oppor-tunity for upward career mobility, and tunity for upward career mobility, and inconsistent policies and procedures inconsistent policies and procedures among regional officesamong regional offices.”.”

1999 Program Review and Investigation 1999 Program Review and Investigation Committee RecommendationsCommittee Recommendations

““[MAR was] discussed at length at the program [MAR was] discussed at length at the program review focus group. review focus group. One concern mentioned to One concern mentioned to the committee by both complainant and the committee by both complainant and respondent attorneys who attended was the respondent attorneys who attended was the inconsistency of MAR decisionsinconsistency of MAR decisions—both sides —both sides noted there was no predictability about the noted there was no predictability about the conclusion CHRO would reach in any given conclusion CHRO would reach in any given case….case….

““[T]he committee concludes CHRO should place [T]he committee concludes CHRO should place more emphasis on this phase and more emphasis on this phase and ensure ensure determinations being made at this level are determinations being made at this level are completely sound and consistentcompletely sound and consistent.”.”

P.A. 11-237P.A. 11-237

Legal will decide questions of law.Legal will decide questions of law. Investigators will decide questions of fact.Investigators will decide questions of fact. Managers will manage regional staff.Managers will manage regional staff.

LEGAL REVIEWLEGAL REVIEW Removes regional ability to dismiss cases Removes regional ability to dismiss cases

without review by Legal – no longer 4 without review by Legal – no longer 4 separate standardsseparate standards

One person will do all legal reviewsOne person will do all legal reviews