The Connecticut Appellate Court issued a new decision (officially released today) that will have important ramifications for employers proceeding with the CHRO mandatory mediation stage. Specifically, based on this ruling, most settlement discussions during the Commission on Human Rights and Opportunities’ mediation stage will be inadmissible in a later court proceeding. The decision also holds
In employment discrimination litigation, it often falls to various supervisors, manager and human resources employees to represent the company and, if necessary, testify at a deposition or trial.
In nearly all cases, those managers and supervisors will be prepped by a company attorney before their testimony. Manpower Employment Blog shares a few of the tried…
The employer, in seeking summary judgment, sought to rely on the fact that the employee received disability benefits and was "totally disabled" under the short-term and long-term disability plans provided by Aetna. It appears that the employer sought to rely almost entirely on this aspect.
However, the courtfound that the benefits determination that the employee was "totally disabled" did not consider her ability to do the job with a reasonable accommodation. Therefore, the benefits determination was not an "inreconcilable direct conflict" with evidence the employee submitted that suggested she could do the job with a reasonable accommodation.