Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: damages

Punitive Damages Not Available For State Employment Discrimination Claims

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Laws and Regulations, Litigation

In a decision that will be officially released next week, the Connecticut Supreme Court has, at last, ruled that punitive damages are not an available remedy for state law employment discrimination claims. You may recall that I discussed the Appellate Court’s decision that had originally found the same thing back in 2015.  The case, Tomick… Continue Reading

CHRO Referee Dismisses Complaint After Defendant Was Added Too Late

Posted in CHRO & EEOC, Discrimination & Harassment, Highlight

One of the rules in employment discrimination cases that seems to have blurred of late is the notion that a complaint of discrimination must be filed within 180 days after the alleged discrimination. A new decision from Presiding Human Rights Referee at the CHRO (CHRO ex rel. Roig v. State of Conn., Department of Correction… Continue Reading

CBIA Says New Bill Could Be “Double Trouble” for Businesses

Posted in Class Actions, Discrimination & Harassment, Legislative Developments, Wage & Hour

Well, so much for a slow legislative session. New proposals keep popping up with changes big and small for employers. The latest was reported on by the CBIA in a post entitled “Double Trouble for Businesses?” and talks about Senate Bill 106, which you can download here. The bill purports to protect immigrants, but as… Continue Reading

Legislative Preview: Will the CHRO Bill Get Passed This Year?

Posted in CHRO & EEOC, Highlight, Legislative Developments

The short session of the Connecticut General Assembly is set to begin on February 5, 2014. But the jockeying for items to get on the agenda is well under way. The Connecticut Commission on Human Rights and Opportunities is circulating a proposed bill that would followup on a failed bill from last year’s term. I previously… Continue Reading

Appellate Court Limits Relief for Whistleblowers But Opens the Door in Discrimination Cases

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

Not every case can be a U.S. Supreme Court case filled with sweeping pronouncements on employment law. Indeed, many times the law develops through under-reported cases that you’ll never hear about.  The pronouncements may not be sweeping on those cases, but those cases help clarify a point that had been left uncertain before then and… Continue Reading

Court Reviews What Type of Job Search is Required of Terminated Employee

Posted in Discrimination & Harassment, Litigation

In the five plus years of this blog, it’s rare to find topics that I haven’t covered, at least minimally. One such topic, though, is the notion of “mitigation of damages”.  It is a concept found in lots of cases, but it has particular importance in employment discrimination cases. An employee who claims he (or she)… Continue Reading

Court Bars Use of Fluctuating Work Week to Calculate Award in Overtime Case

Posted in Class Actions, Highlight, Human Resources (HR) Compliance, Litigation, Wage & Hour

In prior posts, I’ve talked about the fluctuating work week and how it can be a useful tool for employers in limited circumstances.  Yesterday, a federal court in Connecticut had a very interesting ruling that addressed whether an employer — when faced with a suit for overtime by a group of convenience store employees (“clerks”,… Continue Reading

Shelton Challenges CHRO’s Award of Emotional Distress Damages and Attorneys Fees

Posted in CHRO & EEOC, Highlight, Litigation

Over the years, I’ve openly questioned whether the CHRO has been improperly awarding emotional distress damages and attorneys fees in employment discrimination claims.   Indeed, back in February 2009, I noted “Nearly 15 years ago, the Connecticut Supreme Court came out with a pair of decisions that seemed to put to rest the question of whether the CHRO… Continue Reading

Court Rules Plaintiffs’ Attorneys Entitled to More Than Just Contingency Fee After Jury Awards Nominal Damages

Posted in Discrimination & Harassment, Litigation

Suppose you just defended against a discrimination and harassment lawsuit by two former female employees. The jury found that discrimination and harassment had occurred. But the jury awarded one employee only $1600 in economic damages and nothing for emotional distress. For the other employee, the jury did not award any damages. Most employers would take… Continue Reading

Wal-Mart v. Dukes: What The Class-Action Decision Really Means for Employers

Posted in Class Actions, Discrimination & Harassment, Featured, Highlight, Litigation

Over the last 24 hours, there’s been a lot written about the Supreme Court’s decision yesterday in Wal-Mart Stores v. Dukes.  Frankly, all of them are starting to say the same thing:  The decision is going to hamper all class-action discrimination cases going forward. But that statement tends to simplify the decision a bit too… Continue Reading

New CHRO Agency Head: Changes are Coming

Posted in CHRO & EEOC

The Connecticut Law Tribune snagged an in-depth interview with new CHRO Executive Director Robert Brothers this week. in it, Brothers shares his views that the CHRO has made missteps in the past and that he is going to try to turn that around.  Among the changes that he is considering are an revamp of the agency’s… Continue Reading

QUICK UPDATES: WWE Lawsuit, Transgender Litigation, Verdicts on the Rise, Religious Discrimination, and a Special Thanks

Posted in Discrimination & Harassment, Litigation

The Jewish holidays starting tonight encourage reflection. So, it seems particularly appropriate to do some quick updates on earlier posts: The lawsuit against WWE by three wrestlers continues to move very slowly.  Early press reports by another source suggested that WWE would be moving quickly to respond to the claims; they aren’t.  WWE asked for an extension of time… Continue Reading

Jury Awards $4M+ to Employee in Retaliation Case

Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation

Late last week (when, of course, I was out of the office), word came down about another large verdict in an employment law case in Connecticut.  The verdict, composed of $1M in compensatory damages and $3M in punitive damages in Tucker v. Journal Register Co. was first reported by the Connecticut Post last Friday here.  (H/T Jottings… Continue Reading

Followup on Amara v. CIGNA – Court Proposes Broad Relief, then Stays Judgment Noting Uncertainty in the ERSIA Law

Posted in Litigation

A few months ago, I reported on the District Court’s decision in Amara v. CIGNA, an important class-action case on ERISA retirement benefits and on alleged misrepresentations made by the Company about retirement benefits.  Over the last few months, then, the court was asked to consider the issue of what is appropriate relief from the decision. … Continue Reading