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Polauf Law LLC Stephen Polauf · Attorney at Law

Fees & Services

CHRO and EEOC Proceedings

Administrative representation in employment discrimination, harassment, and retaliation matters.

The Administrative Process

The Connecticut Commission on Human Rights and Opportunities and the U.S. Equal Employment Opportunity Commission are the administrative channels for employment discrimination, harassment, and retaliation claims in Connecticut. For most federal discrimination claims, an EEOC charge is a jurisdictional prerequisite to filing suit; the charge must be filed within 300 days of the discriminatory act, and a lawsuit must be filed within 90 days of receiving a right-to-sue notice. Connecticut CFEPA claims follow the same exhaustion requirement before Superior Court: the complaint must be filed with the CHRO within 300 days under CGS § 46a-82, and the agency must complete its process before a complainant may bring a private action.

Filing Deadline: CHRO / EEOC Charges

The charge must be filed within 300 days of the discriminatory act, and a lawsuit must be filed within 90 days of receiving a right-to-sue notice. Connecticut CFEPA claims must also be filed with the CHRO within 300 days under CGS § 46a-82. Missing these deadlines forecloses otherwise viable claims entirely.

The CHRO process proceeds through several defined stages: the respondent receives the complaint and files an answer under oath, the agency may refer the matter to mediation, an investigator is assigned, the parties submit documents and may present witnesses, and the investigator issues a finding of reasonable cause or no reasonable cause. A reasonable cause finding triggers mandatory conciliation. If conciliation fails, the matter is certified to a public hearing before the CHRO at which the agency itself prosecutes the case and may award back pay, front pay, actual damages, and attorney's fees under CGS § 46a-86. The EEOC follows a parallel structure: investigation, a determination of cause or no cause, conciliation if cause is found, and a right-to-sue notice if conciliation fails.

The CHRO has authority to award back pay for up to two years prior to the filing date, actual damages, and attorney's fees. A reasonable cause finding, even before a hearing, strengthens the complainant's position in settlement negotiations. Neither party should treat these proceedings as less formal than Superior Court.

For Employers

I have represented employer clients in position statement drafting, document production, witness preparation, coordination with agency investigators, and securing dismissals on the merits before and after investigation. I have also obtained dismissals of EEOC charges for employer clients.

A position statement is the employer's first submission. It frames the investigation, establishes the employer's account of the facts, and provides the investigator with a basis for a no-cause finding before the matter advances. A position statement that is incomplete or drafted by HR staff rather than counsel is a liability. HR personnel and managers involved in the underlying events are witnesses; they are not in a position to evaluate legal exposure, structure a response, or represent the company's interests in an adversarial proceeding. Agency proceedings are adversarial. I approach CHRO and EEOC defense as litigation, not as administrative paperwork.

For Employees

The CHRO and EEOC provide investigative authority, subpoena power, and a conciliation process that can produce binding settlements without the cost and duration of Superior Court litigation. A complaint that identifies the correct legal theories, the relevant protected characteristics, the specific adverse actions, and the supporting facts is more likely to survive early dismissal. An incomplete complaint invites early dismissal and wastes the leverage the agency process provides.

I draft and file complaints, prepare clients for agency interviews, and manage the investigation process to reach a reasonable cause finding or a negotiated resolution before hearing. I have secured five-figure settlements leveraging agency proceedings for employee clients. If the agency process does not produce a resolution, I advise on whether to request a right-to-sue notice and proceed in Superior Court.

Scope of Service

  • Employer position statement drafting for CHRO and EEOC charges
  • Employer representation through investigation, conciliation, and public hearing
  • Witness preparation and document production for agency proceedings
  • Coordination with CHRO and EEOC investigators on employer's behalf
  • Employee complaint drafting and investigation strategy
  • Securing dismissals on the merits at the CHRO and EEOC
  • Right-to-sue request and transition to Superior Court litigation