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.
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 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 discussed this proposal in a post last May.
At the time, the proposed bill was thought to be close to passage, but time ran out in the session before it could be picked up. Earlier versions the bill proved quite troublesome; this latest version still has issues that haven’t been addressed and it’s important for employers to speak up now before the changes are put into place.
So what are some of the changes this bill would bring?
Changes to “Mental Disability”
The bill expands the definition of a “mental disability” to not only “mental disorders, as defined in the most recent edition of the American Psychiatric Association’s ‘Diagnostic and Statistical Manual of Mental Disorders’”, but also to including having “a record of or regarding a person as having one or more such disorders”.
Put aside, for the moment whether including everything in the new DSM5 is worthwhile. The more troubling issue is that the proposed law would continue to cover “regarded as” claims for mental disabilities. The references to a “past history” of mental disability in existing law being removed by this bill are less significant because a “record” of disability would now be covered.
Why is that problematic? Becaues that the definition is inconsistent with how a “physical” disability is treated; where is the reference to being “regarded” as having a physical disability?
Rather than continue to treat mental and physical disabilities as distinct from each other, the legislature should take its cues from the ADA and match its definitions accordingly. Otherwise, we’ll continue to have three different standards to analyze disability claims — one for ADA claims, and two for state disability-related claims.
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…
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 may open the door to other arguments as well.
Take the case of Commissioner of Mental Health and Addiction Services v. Saeedi, a Connecticut Appellate decision (download here) that will be officially released on July 9th.
Its ostensibly a whistleblower case under Conn. Gen. Stat. Sec. 4-61dd, where — as part of the damages awarded to the whistleblower — the CHRO ordered agency personnel to undergo professional ethics training and to alter the personnel file of the employee.
But the court was asked to look at something greater: Under the state’s whistleblower statute, where the CHRO has the power to award “any other damages”, does that include equitable (or non-monetary) relief?
The Appellate Court, in reviewing the language of the statute and the legislative history, concluded “no”. Thus, the ordering of training was improper under the statute. But notably, the court said that because the CHRO was empowered to order reinstatement, the altering of the personnel file was appropriate to achieve that result.
That conclusion is not entirely surprising.
But the Appellate Court goes on a bit further in language that employers may see again in the future and that opens the door a crack to arguments about whether the CHRO can award other relief (perhaps even emotional distress damages) in discrimination cases. (For background, I’ve talked about the CHRO’s attempt to include emotional distress damages as part of the award of damages.)
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…
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…
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 laws were nothing more than technical in nature.
But a more detailed review of the proposed bill reveals significant changes to how the state processes anti-discrimination complaints and what the scope is of such laws. It would seemingly add emotional distress damages, for example, to the relief available at a public hearing for the first time.
To be fair, some of the changes really are technical in nature, such as to make the statute more gender neutral. The problem is that such innocuous changes are lumped together with the significant ones.
The Office of Legislative Research’s summary of the bill is far more complete than the CHRO testimony and highlights some of the substantive changes, but even that office’s summary misses some troubling changes.
Here are three (among many) notable items from the bill worth a review, illustrating why this rushed bill is a bad idea at this time.
Changes to “Mental Disability” – The bill expands the definition of a “mental disability” to not only “mental disorders, as defined in the most recent edition of the American Psychiatric Association’s ‘Diagnostic and Statistical Manual of Mental Disorders’, but also to including having “a record of or regarding a person as having one or more such disorders”.
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,…
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 be over in this litigious climate and that details are important — even in settlement agreements.
Here are the background facts:
- Plaintiff employee worked as an employee for the hospice from 1998-2010.
- In 2009, she filed two complaints with OSHA regarding some defective chairs. The administration ordered the hospice to repair the chairs.
- Later that year, the Plaintiff then filed a whistleblower complaint with OSHA claiming that she had been retaliated against and harassed since the filing of the OSHA complaints. The administration found “reasonable cause” to believe a violation had occurred.
- Thus in January 2010, the Hospice and Plaintiff entered into a settlement agreement on the whistleblower complaint where she worked as a part time employee in two offices. The agreement contained a release of future claims for events that occurred prior to the execution of the agreement.
- End of story, right? Wrong. One week later, the Plaintiff-Employee wrote to the company and alleged that they were breaching the settlement agreement. Later that year, she quits.
- You know what happens next, right? She filed a six-count complaint in Superior Court alleging a whistleblower violation, breach of the settlement agreement, breach of the employee handbook and claims of intentional infliction of emotional distress. The defendant filed a counterclaim asking for declaratory judgment on the release she signed. The Superior Court granted summary judgment to the employer.
The legal rulings
- The first part of the ruling is a procedural one. The Plaintiff appealed the court’s decision on her claims but not the counterclaims. Thus, part of her claims of a breach of the employee handbook are not considered by the Appellate Court.…