Section 4-61dd

Citation: Section 4-61dd
Parent Document: Dept. of Public Health v. Estrada, 349 Conn. 223 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-06-11
Original Source: https://www.courtlistener.com/opinion/10131752/dept-of-public-health-v-estrada/ ↗

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Accordingly, we ordered the parties to file supple-
         mental briefing on the broader question on which the
         parties’ sought certification. We conclude that the com-
         mission did not waive its merits arguments, and, as a
         result, this appeal is not moot. Thus, we will consider
         the merits of the commission’s appeal.
                                        III
                    WHISTLEBLOWER RETALIATION
           We now turn to the commission’s contention that
         Estrada’s disclosure constituted a protected whistleblower
         disclosure.
           At the outset, we note our agreement with the parties
         that § 4-61dd claims should be analyzed using the three
         part, burden shifting framework set forth in McDonnell
         Douglas Corp. v. Green, 411 U.S. 792, 802–805, 93 S.
         Ct. 1817, 36 L. Ed. 2d 668 (1973) (McDonnell Douglas).
         See, e.g., Eagen v. Commission on Human Rights &
         Opportunities, 135 Conn. App. 563, 577–79 and n.5, 42
         A.3d 478 (2012); see also, e.g., Ford v. Blue Cross &
         Blue Shield of Connecticut, Inc., 216 Conn. 40, 53–54,
         578 A.2d 1054 (1990).
                                         A
            Applicability of § 4-61dd to Purported Misconduct
                         in Municipal Government
            The department contends that Estrada’s statement
         to her supervisor, Blaschinski, was not a protected dis-
         closure because § 4-61dd does not apply to misconduct
         in municipal government. Specifically, the department
         frames the issue as Wang’s misrepresentation on his
         resume and his resulting appointment as acting director
         of health for the city of Hartford. The department notes
         that § 4-61dd (a) applies to misconduct occurring in
         only three enumerated contexts, namely, in (1) ‘‘any
         state department or agency,’’ (2) ‘‘any quasi-public agency,’’
Page 34                        CONNECTICUT LAW JOURNAL                             June 11, 2024

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