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

Tag Archives: misconduct

What Remedy Is Appropriate When a Jury Concludes Sexual Harassment Occurred?

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

A case out of the Second Circuit Court of Appeals (of which, Connecticut is part of) addresses an interesting question: When a jury  finds that sexual harassment has been perpetuated by a single employee, is injunctive (non-monetary) relief required to be issued by the District Court? The EEOC argued yes and argued that remedies such as… Continue Reading

Conn. Supreme Court: Alleged Knowing and Deliberate Discovery Misconduct Not Enough to Warrant New Trial

Posted in Discrimination & Harassment, Litigation

It’s so rare nowadays that the Connecticut Supreme Court rules on discrimination cases that, when I first took a look at its new decision in Duart v. Department of Corrections (download here) — officially released next week — I got excited.  After all, the case is based on a claims of gender, race and sexual… Continue Reading

Firing Instigators in Employment Fights – Second Circuit Shows Some Support For Employers

Posted in Litigation

The sad reality is that, on rare occasion, some employees will revert back to their middle school days and behave like a couple of children. Some will even resort to physical fighting. In such a case, employers are faced with a difficult question — can I punish one employee more than other if I think they "started" it?… Continue Reading

Disciplining Employees for Fighting; Asking What Is Similar Conduct and What is Similarly Situated?

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

As cases go, Smith v. Connecticut (D. Conn., Jan. 9, 2008) (Bryant, J.) will not rank up there in the annals of legal history.  (Even the name of the case sounds generic.)  Moreover, when you read the facts, the case doesn’t scream "precedent".  The Smith case, however, reinforces the notion that consistently applied disciplinary policies are… Continue Reading