Senate Bill 3, titled “Combatting Sexual Assault and Sexual Harassment” has been modified since first introduced and passed the Senate late last week.  Despite the title, the bill would impact every discrimination case filed in the state and would make significant changes to the sexual harassment prevention training requirements.

It is awaiting a vote

Typically, in our court system, we operate under the “American Rule” which means that parties have to pay their own attorneys’ fees in cases, regardless of whether they win or lose.  (Contrast that with the English Rule which is a “loser pays” system.)

But there is one big exception to the American Rule — and

capitolWe’re nearly at the end of the legislative session and the bills are coming fast and furious.

Late Friday, the General Assembly passed a bill (Senate Bill 914) that mandates (rather than allows) double damages to be granted in instances where an employer failed to pay an employee the proper minimum wage or overtime

gavelIn yesterday’s post, I talked about the case of Tomick v. UPS in looking at the prima facie case for disability discrimination.

But the new Appellate Court case may be even more significant for its discussion of punitive damages.  In doing so, the Appellate Court attempts to resolve a split that had developed at the

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

Suppose you just defended against a discrimination and harassment lawsuit by two former female employees. The jury found that discrimination

Justice for all...including attorneys

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

The noise in the employment law arena has been loud lately. Kind of like that annoying Gary Glitter song that often gets played at sports games.

But the noise is hiding the fact that, in my view, the news in the employment law is relatively minor.  There are no significant legislative or regulatory developments to

In the court system, we typically follow the "American Rule" which means that each party to the lawsuit pays their own attorneys fees.

In employment discrimination matters (and some others), there are exceptions to that which allow a plaintiff’s attorneys’ fees to be paid by the Defendant-employer if the employer loses the case.

But there