OFFICE OF FISCAL ANALYSIS
Legislative Office Building, Room 5200
Hartford, CT 06106 (860) 240-0200
http://www.cga.ct.gov/ofa
sHB-6861
AN ACT ADOPTING THE RECOMMENDATIONS OF THE TASK
FORCE TO STUDY THE STATE WORKFORCE AND RETIRING
EMPLOYEES.
Primary Analyst: MR 4/11/23
Contributing Analyst(s):
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 24 $ FY 25 $
Human Rights & Opportunities,
Com.
GF - Potential
Revenue Loss
1.1 million 1.1 million
Attorney General GF - Cost At least
172,700
At least
353,000
Human Rights & Opportunities,
Com.
GF - Cost 110,000 225,500
State Comptroller - Fringe
Benefits
1
GF - Cost 160,600 296,400
Equity Advisory Committee GF - Cost 112,500 153,800
Note: GF=General Fund
Municipal Impact: None
Explanation
The bill makes several changes regarding discrimination and equity
in state government. The bill generally alters the process for state
employees to make complaints in court and makes various
requirements for the Commission on Human Rights and Opportunities
(CHRO). This would result in costs starting in FY 24 to CHRO, the
Office of the Attorney General (OAG), and the new Equity Advisory
Committee, to handle additional complaints expected under the bill and
1
The fringe benefit costs for most state employees are budgeted centrally in accounts
administered by the Comptroller. The estimated active employee fringe benefit cost
associated with most personnel changes is 42.82% of payroll in FY 24. 2023HB-06861-R000490-FN.docx Page 2 of 3
to hire the new staff required. The bill's alterations to the complaint
process may also result in an annualized General Fund revenue loss of
approximately $1.1 million, starting in FY 24, along with additional
costs to the state for increased damages.
Section 2 results in: (1) a potential annual General Fund revenue loss
of approximately $1.1 million beginning in FY 24, (2) an annual cost to
CHRO of $90,000 plus fringe benefits, starting in FY 24 (with half-year
costs in FY 24), and (3) an annual cost to OAG beginning in FY 24.
The section establishes a new discriminatory practice process for state
employees that allows this group to bypass the CHRO administrative
processes and file complaints directly in court. It also encourages
employees to file cases, under certain conditions, which could result in
an increased number of complex and lengthy cases for CHRO to handle.
Exempting state employees from CHRO's process could violate the
terms of the agency's contract with the federal Equal Employment
Opportunity Commission (EEOC). Under the contract, CHRO is eligible
for a $1,000 per case reimbursement if certain criteria are met; in 2022,
there were 1,550 cases that met reimbursement eligibility. If CHRO were
to lose the contract, then there could be an annual revenue loss of
approximately $1.1 million.
This section is also expected to increase the CHRO workload,
resulting in costs for an additional staff. From FY 19 through FY 22, the
average number of complaints filed with CHRO against state agencies
was 193. Assuming half of these complaints are filed directly in court
instead of with CHRO, there could be a significant amount of litigation
handled by the agency versus through the current less costly CHRO
intake and investigation process. It is estimated that CHRO would need
to hire an additional Human Rights Attorney I position at an annual
salary of $90,000 (with half-year costs in FY 24) to handle the litigation
associated with these cases. Including associated fringe benefits, the
total cost of the position is estimated to be $64,300 in FY 24 and $131,800
in FY 25 (and annually thereafter). 2023HB-06861-R000490-FN.docx Page 3 of 3
The section also results in annual costs to OAG of at least $353,000
(with half-year costs in FY 24), since the bill would result in certain state
employee complaints being heard directly in court, without a change
agency level resolution.
2
The OAG Employment Section would need to
hire two additional Assistant Attorneys General (at a starting salary of
$105,678) and one Human Rights Generalist ($93,985), as well as pay
other associated litigation costs of approximately $40,000 annually. In
addition, there could be costs to the state since cases that are awarded
monetary damages would be entitled to double damages, under the bill.
Section 3 of the bill requires the new Equity Advisory Committee to
hire a Chief Diversity, Equity and Inclusion Officer to oversee equity
within the state employee hiring process. The total cost of the new
position is estimated at $219,600 annually, with salary costs of
approximately $150,000 and associated fringe benefits (with an FY 24
salary cost of nine months, due to the bill's requirements).
Section 6 of the bill requires CHRO to establish the Office of the
Racial Justice Ombudsperson to perform various tasks. It is estimated
that the ombudsperson's salary would be approximately $130,000
annually (with a half-year's salary in FY 24 due to the section's effective
date), plus fringe benefits, for a total annual cost of approximately
$190,300.
The Out Years
The annualized ongoing fiscal impact identified above would
continue into the future subject to the number of complaints filed in
court, the number and magnitude of monetary damages awarded, and
changes in employee wages and benefits.
2
The Office of the Attorney General is involved in defending the state in such cases.