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

Tag Archives: emotional distress

Negligent Infliction of Emotional Distress Claim for Job Applicants Remain Viable

Posted in Discrimination & Harassment, Highlight, Litigation

A lot has been made of the recent district court decision on legal job protections for qualifying medical marijuana patients. But the decision has another piece that has been overlooked and which may cause employers some heartburn as well. The “Negligent Infliction of Emotional Distress” cause of action has been on life support for the last… 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

State Moves to Dismiss Shelton’s Challenge of CHRO’s Damage Awards

Posted in CHRO & EEOC, Litigation

Back in August 2012, I reported on a new lawsuit filed by the Town of Shelton which claimed that the CHRO was improperly denying Shelton its Due Process Rights by not allowing a federal jury trial on related federal claims and by not providing for discovery.  Ultimately, it challenges Conn. Gen. Stat. Sec. 46a-58 under the Supremacy… 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

BREAKING: CHRO Bill Revised Once More; Compromise Reached and Passage Now Expected

Posted in CHRO & EEOC, Discrimination & Harassment, Legislative Developments

A new revised bill (in the form of an amendment) to amend the state discrimination statutes and amend the CHRO procedures has been posted on the Connecticut General Assembly’s site this afternoon.  The amendment (8532) can be found in the information for S.B. 1164 A review of the language shows a few changes, including the… Continue Reading

Legislative Update: Minimum Wage and Updated CHRO Bill

Posted in CHRO & EEOC, Legislative Developments, Wage & Hour

Two quick updates to items I’ve covered before. Yesterday, the state Senate approved of an increase to minimum wage by 75 cents, over two years.  The bill would raise the minimum wage to $8.70 on January 1, 2014 and $9.00 an hour the following year. The Governor has pledged to sign the bill but it… Continue Reading

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Posted in CHRO & EEOC, Highlight, Legislative Developments

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism. Indeed, viewing the written testimony of CHRO Executive Director Robert Brothers in support of Senate Bill 1164, you could be left with the impression that the changes being proposed to the state’s anti-discrimination… Continue Reading

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on Human Rights and Opportunities (CHRO) — the state agency responsible for investigating and enforcing the state’s anti-discrimination laws.  In the lawsuit, NERAC v. Krich,… Continue Reading

The Never-Ending Employment Law Case and the Hour-Long Commute

Posted in Highlight, Human Resources (HR) Compliance, Litigation

Some cases are easy to explain in a short blog post. This is not one of them. But a new Connecticut Appellate Court case released today, Grasso v. Connecticut Hospice, Inc. (download here)  has too many nuggets of information to pass up.  It is an example to employers about how cases never truly seem to… 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

Looking at Employee and Going “Bang Bang” Is Not “Extreme and Outrageous” Conduct

Posted in Human Resources (HR) Compliance, Litigation

In some types of employment law matters, employees sometimes bring a companion claim — formally known as a claim for “Intentional Infliction of Emotional Distress”. Often times it fails because it is a very difficult claim to establish in the workplace.  Why? Because the employee must show that the behavior was “extreme and outrageous”. Courts… Continue Reading

Appellate Court’s Footnote Suggests Faults in CHRO’s Interpretation of Emotional Distress Damages

Posted in CHRO & EEOC, Discrimination & Harassment

Back in February 2009, I talked at length about whether compensatory damages (for things such as emotional distress) was properly awarded in employment discrimination claims that proceeded to a hearing at the CHRO.  I went on to say back then that I believed the agency and the human rights referees at the agency had been… Continue Reading

Negligent Infliction of Emotional Distress Claims in Connecticut Get Dismissed Yet Again

Posted in Litigation

When the Connecticut Supreme Court came out with a decision nearly ten years ago that said that negligent infliction of emotional distress claims in the workplace were only viable when they occur during the termination process itself, it was the beginning of the end for these types of amorphous claims.   The case, Perodeau v…. 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

The “Brown Paper Bag” of Appellate Court Decisions: Court Affirms Sexual Harassment Verdict

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

I’m sometimes asked how I report on employment law cases in such a prompt manner.  There’s no magic formula but I will let you in on a little shortcut I use to skim a series of new cases. Instead of reading an entire case, my eyes first glance at the listed attorneys in the case…. Continue Reading

Part Time Employee For Three Weeks Awarded $15,000 in Emotional Distress Damages

Posted in CHRO & EEOC, Discrimination & Harassment

UPDATED 1/26/09 A part-time secretary who worked for three weeks before resigning is entitled to $15,000 in emotional distress damages and six months back pay, according to a recent CHRO Hearing Officer decision.  The case is particularly notable because the company was Claywell Electric, run by the now-jailed Kurt Claywell. The employer in the case,… Continue Reading

Court: Pursuing Emotional Distress Claim in Harassment Case Opens Door to Discovery of Therapist and Medical Records

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

For companies involved in employment discrimination litigation, there is always a question of how far to push on discovery issues.  A new case decided this week in U.S. District Court in Connecticut allows employers to push pretty hard to get an employee’s medical and therapist records. In order for that to happen, the employee needs to put… Continue Reading