Sec.46a-54-37a. Complaint involving confidential HIV-related information or victims of sexual assault; use of pseudonym

(a) The commission shall take two complaints with the same number:

(1) If a complaint involves reference to confidential HIV-related information, as defined in section 19a-581(8) of the Connecticut General Statutes, concerning the complainant or another individual.

(2) If a complaint involves reference to confidential victim of sexual assault related information concerning the complainant or another individual.

(b) The first complaint shall include the full name and address of the complainant or reference to another individual and shall not be disclosed, except in accordance with chapter 368x of the Connecticut General Statutes. The second complaint shall be identical to the first, except that a pseudonym shall be substituted for the name of the complainant or other individual and the address, if any, shall be that of the commission's office investigating the complaint or the address of an attorney or other representative designated by the complainant or other individual. Any complaint involving confidential HIV-related information shall be drafted to avoid revealing the name or identity of the complainant or other individual to the greatest extent possible. The filing of a complaint shall not be deemed to constitute a waiver of confidentiality rights under chapter 368x of the Connecticut General Statutes, and the commission shall take all reasonable steps to protect the identity of such persons from unlawful disclosure.

(c) If the complainant has not signed a release authorizing disclosure of confidential HIV-related information to the respondent, the commission shall serve a copy of the pseudonym complaint prepared under this section upon any respondent named therein. Any service of a pseudonym complaint shall be accompanied by a notice informing the respondent that, upon review of the complaint, if the respondent is unable to identify with sufficient assurance the identity of the person filing the complaint or the person on whose behalf the complaint is filed, the respondent shall notify the commission in writing not later than ten (10) days after the date the complaint is served. Such ten (10) day period may be extended for good cause shown. Unless the respondent provides notice in accordance with this section, the commission shall presume that the pseudonym complaint adequately apprises the respondent of the particulars of the alleged discriminatory practice, including the identity of the person filing the complaint or on whose behalf the complaint is filed. The respondent's notice shall also designate a person upon whom the commission shall serve a copy of the first complaint and other papers concerned with the commission's investigation, and shall further contain an acknowledgment that any information provided by the commission or other person will be kept strictly confidential and shall not be disclosed except in accordance with chapter 368x of the Connecticut General Statutes. Thereafter, upon receipt of a release from the complainant, the commission shall forward the complaint identifying the complainant to the respondent.

(Adopted effective November 4, 2002)