On February 8, 2008, the case was re-assigned to human rights referee J. Allen Kerr,
Jr., who in response to subsequent motions, continued the hearing in damages to April
14, 2008 upon which date the hearing convened, the complainant presented testimony
and entered exhibits into evidence. The defendant did not appear.
Upon entering a default, the presiding officer shall conduct a hearing which will be
limited to determining the relief necessary to eliminate the discriminatory practice and
make the complainant whole. Regulations of Connecticut State Agencies § 46a-54-88a.
The default admits the material facts that constitute a cause of action and conclusively
determines the liability of a defendant. See Skyler Limited Partnership v. S.P. Douthett
& Company, Inc.., 212 Conn. 802 (1989).
Evidence need not be offered to support
those allegations, and the only issue before the tribunal is the determination of
damages. See Carothers v. Butkin Precision Mfg. Co., 37 Conn. App. 208, 209 (1995).
The entry of a default also operates as a confession by the defendant to the truth of the
material facts alleged in the complaint. Murray v. Taylor, 65 Conn. App. 300, cert.
denied, 258 Conn. 928 (2001).
As a result of the default, and based upon the pleadings, I conclude that the
complainant was discriminated against on the basis of her sex, sexually harassed,
retaliated against and terminated from her employment on the basis of her sex in
violation of General Statutes §§ 46a-60 (a) (1), 46a-60 (a) (8), 46a-58 (a) and Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e and the Civil Rights Act of
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