Section 31-51q

Citation: Section 31-51q
Parent Document: Cotto v. United Technologies Corp., 251 Conn. 1 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898264/cotto-v-united-technologies-corp/ ↗

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BORDEN, J., with whom CALLAHAN, C. J.,
joins, concurring and dissenting. I agree with the majority in its ultimate conclusion that the plaintiff has not stated *21a valid cause of action under General Statutes § Sl-fllq.1 I disagree with the conclusion of the majority, however, expressed in part I of its opinion, that § 31-51q applies to the plaintiffs expression at his private employer’s workplace. I conclude, to the contrary, that the statute is intended to reach only speech or conduct of a private employee that, based on its location or circumstance, is or would be protected against governmental, and not private, action. Concomitantly, however, in my view the statute does not reach expressive activity, such as that alleged by the plaintiff, that takes place on a private employer’s property and involves only restrictive activity by his private, nongovernmental employer, because the constitutional guarantees protected by the statute do not reach such activity. I therefore concur in the result reached by the majority, but dissent from its analysis of the controlling statute. I

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