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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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Marco’s harassment and sexual assaults. The referee
          found that, in December, 2011, after the complainant
          reported Marco’s conduct to her supervising judicial
          marshal, Philip Gaudette, Gaudette ‘‘yelled at her that
          . . . if she kept up the emotional behavior, he would
          move her.’’ The following summer, Downer reassigned
          the complainant from Danielson, where she had been
          assigned since 2006, to the Willimantic and Putnam
          courthouses, each of which was significantly farther
          from her residence. Although Downer testified that he
          transferred her because he needed a female marshal at
          those locations, the complainant testified that Downer
          ‘‘told her that he moved her to Putnam because she
          was too emotional about the Marco incidents.’’ The
          referee further found that, although judicial marshals
          can at times be transferred between courthouses, the
          norm is for the branch to assign them to the courthouse
          closest to their homes to minimize the impacts of
          inclement weather. Moreover, the referee found that
          ‘‘[t]here are also examples of other women marshals
          never being transferred.’’ Notably, although the com-
          plainant had requested that Marco, rather than she, be
          transferred, the branch allowed Marco to remain in
          Danielson after the complainant was transferred, and
          he was promoted to acting lead marshal there in 2014.
             The referee determined that, ‘‘[w]hen the complain-
          ant continued to be upset about working with Marco,
          who was continuing his behavior, the [branch] ulti-
          mately transferred her to a more inconvenient location,
          thereby inflicting hardship on the [complainant]. . . .
          [Transfer] to a less desirable location . . . [is an alter-
          ation] of the conditions of her workplace.’’ The referee
          ultimately concluded: ‘‘The complainant was trans-
          ferred to a courthouse that was at least [one-half] hour
          farther away from where she was originally assigned.
          The [branch] argued that [it] transferred the complain-
          ant because [it] needed a female [marshal] at another
April 26, 2022                 CONNECTICUT LAW JOURNAL                                     Page 83