SC20514
- Connecticut Judicial Branch v. Gilbert (“This case arises from
allegations of sexual harassment brought by the named defendant, Germaine Gilbert
(complainant), a judicial marshal who is employed by the plaintiff, the
Connecticut Judicial Branch (branch). Following a contested public hearing
before the defendant Commission on Human Rights and Opportunities (commission),
the human rights referee (referee) found that the allegations were
substantiated and awarded the complainant back pay with interest, emotional
distress damages, attorney's fees, and injunctive relief. The branch appealed,
and the trial court sustained the appeal in part. The court upheld the
referee's determinations that (1) emotional distress damages and attorney's fees
were available remedies under the state employment discrimination law then in
effect if the complainant was able to establish a violation of Title VII of the
federal Civil Rights Act of 1964, as amended by Title VII of the Civil Rights
Act of 1991, 42 U.S.C. § 2000e et seq. (2018) (Title VII), and (2) the state
has waived its sovereign immunity with respect to prejudgment and postjudgment
interest awards for civil rights violations, but also determined that (3) the
award of emotional distress damages must be vacated because of the
complainant's failure to fully comply with the branch's discovery requests in
the administrative proceeding, and (4) the injunction reinstating the
complainant to her former workplace must be vacated as overbroad and otherwise
improper. The branch challenges the first two determinations on appeal; the
commission challenges the latter two determinations on cross appeal. We affirm
the judgment of the trial court with respect to the Title VII issue, reverse
the judgment with respect to sovereign immunity, and remand the case for the
referee to conduct a new hearing in damages and, if appropriate, to revisit the
injunction reinstating the complainant to her former workplace.”)