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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 46a-58

Citation
§ 46a-58
Parent Document
Connecticut Judicial Branch v. Gilbert, 343 Conn. 90 (2022)
Jurisdiction
Connecticut (state)
Effective Date
2022-04-26

Other Sections in This Document (128)

Full Text

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the premise that federal law informs our interpretation
          of our own antidiscrimination statutes. The referee
          found that, under a straightforward reading of both
          state and federal substantive fair employment law, the
          branch had discriminated against the complainant by
          (1) permitting Marco to subject the complainant to
          severe and pervasive sexual harassment, (2) ignoring
          other employees’ previous complaints of similar behav-
          ior by Marco, (3) failing to adequately investigate the
          complainant’s allegations, and (4) altering the condi-
          tions of her workplace by transferring her to a less
          desirable location in response to her complaints. The
          referee concluded that, from an objective standpoint,
          the complainant’s working conditions were intolerable.
          Importantly, the branch does not contest these findings
          on appeal. Nor does the branch deny that its conduct
          was in violation of Title VII or contend that the referee
          misapplied the substantive components of the federal
          law.11
                                             B
             What the branch does contend is, first, that the com-
          mission exceeded its authority under federal law by
          ‘‘adjudicating’’ a Title VII claim, i.e., holding a formal
          hearing to determine whether the branch engaged in
          discriminatory practices, in violation of Title VII, and,
          second, that the commission ran afoul of Truelove by
          awarding damages and attorney’s fees for employment
          discrimination under § 46a-58 (a) that were not avail-
          able for violations of § 46a-60. We consider each argu-
          ment in turn.
                                              1
            The branch makes three interrelated arguments as
          to why, in its view, the commission has exceeded its
          For example, § 46a-60 also protects individuals from discrimination on
          account of age, marital status, ancestry, or disability. See id.
            11
               We will address the branch’s argument that the referee exceeded her
          authority under the procedural provisions of Title VII in part I B of this
          opinion.
Page 46                        CONNECTICUT LAW JOURNAL                              April 26, 2022