Posts tagged with "civil rights attorney"

Medical Marijuana Use in the Connecticut Workplace

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The news that Connecticut has given its approval to four medical marijuana growers in Simsbury, West Haven, Portland, and Watertown, inches the state that much closer to full implementation of the medical marijuana law that was passed in 2012.

The state also reported that over 1600 individuals in Connecticut have been certified by the state to receive medical marijuana. That number is expected to grow once production begins in earnest.

Add to that news, the legalization of marijuana in Colorado and Washington and employers now have a whole new area of law to familiarize themselves with.

It would be easy to just write some puns on the matter (and who can resist it in the headline) but it’s not such a laughing matter to employers struggling to figure out what the rules of the road are.

Summary of CT Medical Marijuana Laws

There are 5 important takeaways from CT’s medical marijuana laws:

  • Employers may not refuse to hire a person or discharge, penalize or threaten an employee based solely on such person’s or employee’s status as a qualifying patient or primary caregiver.
  • Employers may discriminate if required by federal funding or contracting provisions.
  • Employers may continue to prohibit the use of intoxicating substances, including marijuana, at work.
  • Employers may continue to discipline employees for being under the influence of intoxicating substances at work.
  • But employers may not presume that a drug test result that is positive for marijuana means that the employee used at work or was under the influence at work.

While it is clear under [state law] that an employer may terminate or discipline an employee who reports to work impaired on account of his/her medical marijuana use, the law does not address how employers are to treat employees … who use marijuana during non-work hours, but will inevitably fail routine drug tests administered pursuant to a drug-free workplace policy.

Considering Employer Liability

If the employer terminates [the employee] for violating its policy, it risks liability if he/she proves he/she was not under the influence at work. On the other hand, if it does not terminate …, the employer risks liability should [the employee] report to work under the influence and injure herself or others.

Another novel issue that is arising? Suppose your employee is on a business trip in Colorado. After a sales meeting, on the way back to his hotel, the employee legally purchases and then consumes some Rocky Mountain marijuana. Can you discipline the employee for engaging in a legal activity while on “company business”?

As long as we have disparate state laws on the subject, we’re not going to get clear cut answers. For employers, be sure to stay up to date on the developments and talk with your legal counsel about the implications for your business now that we are on the outskirts of implementation.

Credit to Daniel Schwartz of Shipman and Goodwin LLP.

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If you are the victim of workplace harassment, wrongful termination, or any other labor law crime, it is imperative that you consult with an experienced employment law practitioner. The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. Please do not hesitate to contact Attorney Joseph C. Maya, Esq. of Maya Murphy, P.C. at 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at jmaya@mayalaw.com

Americans With Disabilities Act

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Defining “Disability”

State and county laws dilute the effect of disability rulings. The U.S. Supreme Court ruling that narrowed the definition of a disability under the Americans With Disabilities Act (ADA) will have limited use for Westchester employers struggling with the issue, a pair of lawyers specializing in employment law said.

That’s because the Empire State defines a “disability” more liberally as a medical impairment rather than the national standard that defines it as a condition that impairs at least one major life activity, such as bathing or brushing one’s teeth.

Supreme Court Ruling

Using that narrower meaning, the Supreme Court unanimously ruled that an automobile plant worker from Kentucky could not be considered disabled because she failed to prove that her carpal tunnel syndrome “substantially limited” a major life activity.

“It is insufficient for individuals attempting to prove disability status under this test to merely submit evidence of a medical diagnosis of an impairment,” Justice Sandra Day O’Connor wrote in the court’s 18-page decision.

Ella Williams, a paint inspector at the Toyota Motor Corp. plant in Georgetown, Ky., was fired for poor attendance that she blamed on her illness. She sued Toyota in a U.S. District Court, claiming the automaker refused to provide her with an ADA-required “reasonable” accommodation from her job polishing cars on the assembly line. Her claim was dismissed by the district court but reinstated by a federal appellate court in Cincinnati.

The Supreme Court referred Williams’ case back to the appellate court for further review (Toyota v. Ella Williams, No. 00-1089).

Who will this ruling affect?

“Before the ruling, employees lost 94 percent of claims filed under ADA because they could not establish that they were disabled to the extent called for under the law. This certainly isn’t going to make it any easier for them,” said Robert Heiferman of Jackson Lewis, the employment law firm that has an office in White Plains.

“Nationally, this ruling is probably a lot more significant than it is in New York,” he said. Heiferman cited the state’s human rights law, which bars discrimination against people with disabilities, as well as the state’s disability definition, which is broad enough to include carpal tunnel syndrome.

In addition, the Human Rights Commission created by Westchester County in 2000 can take action on complaints from individuals alleging discrimination on the basis of a disability.

A lawyer with practices in New York and Connecticut says Westchester employers may benefit from the ruling, notwithstanding the state and county laws.

“For employers, the Supreme Court ruling now creates the ability to allege a new defense in ADA cases,” said Joseph Maya, whose Maya & Associates P.C. specializes in employment and labor law. The firm has offices in New York City and Fairfield, Conn.

The Impact of the Ruling Going Forward

“The Supreme Court ruling is a very significant decision that will provide strong guidance for the lower courts, administrative agencies and certainly the appellate courts in cases concerning disability and employees bringing claims against employees,” Maya said. Disability community advocates criticized the Supreme Court decision, though one advocate said the decision highlighted an issue he said merited further study.

“Part of the problem we see is that there has to be a more universally accepted definition of a disability. A very well-meaning piece of legislation has a lot of confusing language in it. It warrants a second look,” said Robert S. Cole, a principal with his wife, Susan, in Cole Communications of Eastchester, and a board member of the 26 million-member American Association for People With Disabilities, an advocacy group based in Washington, D.C.

By ALEX PHILIPPIDIS
Fairfield County Business Journal

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. Should you have any questions about age discrimination and workplace discrimination or any other employment law matter, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

What is a Constructive Discharge?

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Employment Resignation

Hopefully, you have never been fired – that is a discharge or termination.  Sometimes, however, an employee has no reasonable alternative to quitting – that is a constructive discharge.  The involuntary nature of the employee’s “quit” may enable him or her to claim the constructive discharge as an adverse employment action so as to maintain a claim for employment discrimination.  An employee’s reasonable decision to resign because of unendurable working conditions is, for remedial purposes, equated to a formal discharge.

A constructive discharge occurs when an employer indirectly, but deliberately, makes an employee’s working conditions so intolerable that the employee is forced involuntarily to resign.  The key points of inquiry are the employer’s intentional conduct and the intolerable level of the employee’s working conditions.  The standard for evaluation is objective – how would a reasonable employee behave in the particular employee’s shoes?  Subjective feelings as to the intolerable nature of the employee’s position cannot support a finding of constructive discharge.

Establishing Constructive Discharge

In assessing a claim of constructive discharge, individual factors, standing alone, may be insufficient to carry the day.  For this reason, the pertinent conditions are aggregated since a reasonable person encounters life’s circumstances cumulatively rather than individually.  Some routine workplace events – e.g. a poor performance appraisal, lack of training, or increased job demands – are to be expected and do not support an inference that a reasonable person would be “compelled” to resign.  The standard for constructive discharge goes beyond difficult or unpleasant working conditions.

As is so often the case in employment law, the presence of a constructive discharge depends upon the circumstances of the particular employee involved.  If you feel that your employer deliberately made your work environment intolerable and that you were forced to quit, you should confer with a seasoned employment law litigator to determine your rights.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. If you have any questions regarding constructive discharge or other matters of employment law, please do not hesitate to contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation.

A Summary of Sexual Harassment Workplace Policies in Connecticut

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Unfortunately, many instances of sexual harassment in the workplace go unreported, due either to a fear of retaliation or uncertainty as to whether the conduct constituted sexual harassment.  Whatever the case, no employee should feel demeaned in any way while on the job.  The following provides an overview of the various laws and regulations concerning sexual harassment in Connecticut, and the various steps employers must take to ensure compliance with the law.

First and foremost, even before consulting an attorney, anyone with questions or concerns relating to human rights or discrimination issues in Connecticut should consult Connecticut’s Commission on Human Rights and Opportunities (CHRO), which states that its mission “is to eliminate discrimination through civil and human rights law enforcement and to establish equal opportunity and justice for all persons within the state through advocacy and education.”  The site provides valuable resources and links.  With regard to sexual harassment, the site contains a step-by-step guide on what to do if you feel you have been the victim of sexual harassment.

The Commission gets its authority from Connecticut General Statute § 46a-54, which grants the Commission the authority to “require an employer having three or more employees to post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment,” and second, “to require an employer having fifty or more employees to provide two hours of training and education to all supervisory employees [ . . . ].”  The statute further provides that the training and education “shall include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.”

What is sexual harassment?

By way of reference, sexual harassment refers to “any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature.”

Employers with 3+ Employees

The information that is required of an employer having three or more employees includes, but is not limited to:

  • The statutory definition of sexual harassment and examples of different types of sexual harassment;
  • Notice that sexual harassment is prohibited by the State of Connecticut’s Discriminatory Employment Practices Law and Title VII of the 1964 Civil Rights Act;
  • The remedies available to a victim of sexual harassment, which can include but are not limited to:
    • Cease and desist orders;
    • Back pay;
    • Compensatory damages; and
    • Hiring, promotion or reinstatement;
  • Notice that the harasser may be subject to civil and/or criminal penalties;
  • The contact information for the CHRO;
  • A statement that Connecticut law requires that a formal written complaint be filed with the Commission within 180 days of the date when the alleged harassment occurred;
  • A large bold-faced notice stating, “Sexual Harassment is Illegal.”
Employers with 50+ Employees

An employer with fifty or more employees, in addition to the aforementioned requirements, must provide two hours of specialized sexual harassment training, which “shall be conducted in a classroom-like setting, using clear and understandable language and in a format that allows participants to ask questions and receive answers.”  The statute provides a long list of the specific topics that an employer can and should include in the training.

It is the hope that the above provides a concise, easy to understand the policies that an employer must abide by when it comes to sexual harassment.  If you feel that you have been the victim of sexual harassment, or even if you are not sure, you should consult with an attorney experienced in employment law.  The attorneys at Maya Murphy, P.C. regularly represent employees throughout the Fairfield County and New York City regions, and are ready to advocate on your behalf.  If you have questions or want to schedule a consultation, please contact Joseph C. Maya, Esq. at 203-221-3100 or at JMaya@mayalaw.com.

Discrimination Against Spanish-Speaking Worker

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A former saleswoman for the Baccarat store on Madison Avenue was awarded $500,000 by a Federal jury after she testified that the company president complained about her Puerto Rican accent, barred her from speaking Spanish to a co-worker, and finally dismissed her from her job selling crystal and china because of her ethnic origins. Although the saleswoman, Erma Rivera, now 59, had contended that Baccarat Inc. was seeking a more youthful workforce, the jury in Federal District Court in Manhattan did not find that age discrimination played a role in her dismissal in July 1995.

Losing the job was devastating to Ms. Rivera, who joined Baccarat in October 1986 after selling Haviland porcelain for 15 years, said her lawyer, Joseph C. Maya. “She had spent 25 years of her life teaching newlyweds how to set a place setting and about fine china,” he said. “She loved the company.”

Ms. Rivera, who lives in Queens and is now employed by a department store bridal registry on Long Island, a job she struggled to find after losing her position at Baccarat, according to Mr. Maya – was unwilling to be interviewed. Her current job pays her about $21,000 a year, much less than she received at Baccarat, where her salary was in the mid-$50,000 range, her lawyer said.

Case Details

Ms. Riviera’s troubles at Baccarat did not begin until Mr. Negre was installed, her lawyer said. She testified that Mr. Negre once called her into his office and told her that he did not like her accent, Mr. Maya said.  He said that testimony at the weeklong trial showed that Ms. Rivera, the mother of five children, had an exemplary record at the store and had never prompted a complaint from a customer in her nine years on the sales force.

In a letter introduced into evidence, a former store manager, J.D. Watts, described her as “the top sales person during my three-year tenure at Baccarat.” “She is fluent in Spanish and is extremely effective when dealing with South American and other Spanish-speaking customers,” Mr. Watts wrote.

Baccarat’s lawyer, Jeffrey H. Daichman, said that Ms. Rivera was one of five employees fired at roughly the same time because the company’s new president, Jean-Luc Negre, wanted to improve the store’s performance and introduce “a more positive dynamic and energetic attitude toward dealing with customers.” Mr. Negre also made the decision to make the store more inviting by moving it a half-block to a corner site at 59th Street and Madison Avenue, Mr. Daichman said.

After being named president of the company in 1999, Mr. Negre made seven visits to the store and found the sales force sitting at desks and slow to greet customers, Mr. Daichman said. Ms. Rivera “was not singled out” and was not criticized for speaking with an accent.

National Origin Discrimination

Mr. Daichman acknowledged that Ms. Rivera was ordered to refrain from speaking Spanish to a co-worker in the presence of customers. He said the policy was instituted after a customer complained. “It’s just a matter of common sense,” he said. “If the customer is not Spanish-speaking, don’t talk another language. That’s rude.”
There was no evidence other than her own testimony about national origin discrimination. “Baccarat has a diverse sales force that includes a Brazilian employee who speaks Spanish as well as Portuguese and three sales people 50 or older,” he said.

Mr. Daichman said the company would ask the Federal magistrate who presided over the case, James C. Francis, to set aside the verdict or order a new trial. The jury found that the company discriminated against Ms. Rivera and awarded her $125,000 in compensatory damages and $375,000 in punitive damages.

The New York Times Metro Section
By Terry Pristin – February 10, 1998

Sexual Harassment Under Connecticut Law

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Under the Connecticut Discriminatory Employment Practices Act, codified at Connecticut General Statute 46a-60(a)(8), it shall be a discriminatory practice “[f]or an employer [. . .] to harass any employee, person seeking employment or member on the basis of sex or gender identity or expression.  ‘Sexual harassment shall, for the purposes of this section be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (C) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.”[1]

Sexual harassment can include actions ranging from suggestive or lewd remarks to unwelcome hugs, touches, or kisses, to retaliation for complaining about sexual harassment.  Furthermore, sexual harassment can happen by a male or a female, to a male or a female.  And the harasser does not need to be the victim’s supervisor – harassment can come from a co-worker or agent.

There are outlets in Connecticut to turn to, should you find yourself with questions about sexual harassment.  Sometimes a victim may not be sure if unwanted attention rises to the level of sexual harassment.  The Connecticut Commission on Human Rights and Opportunities provides valuable information on sexual harassment and discrimination in the workplace, including step-by-step guides on how to proceed if you are the victim of such harassment.  If the situation requires legal action, please contact an experienced employment law attorney.

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. We at Maya Murphy frequently litigate employment claims in both state and federal courts.  Should you have any questions about sexual harassment or any other employment law matter or to schedule a consultation, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

[1] Conn. Gen. Stat. 46a-60(a)(8).

US Supreme Court Establishes Employer Friendly Definition of “Supervisor” for Employer Liability for Title VII Employment Discrimination

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Vance v. Ball State University, 520 U.S. (2013)

The United States Supreme Court decided two very closely watched employment law cases interpreting harassment and discrimination under Title VII of the 1964 Civil Rights Act.  The first case decided 5-4 in favor of the employer, Vane v. Ball State University [1], addressed a question left open by two previous Supreme Court cases[2], who qualifies as a “supervisor” so as to hold an employer vicariously liability under Title VII for an employee’s unlawful harassment or discrimination?

Case #1

In this case, Maetta Vance, an African-American woman, was employed as a full-time catering assistant with Ball State University.  She initially filed internal complaints with BSU and charges with the Equal Employment Opportunity Commission (EEOC), alleging racial harassment and discrimination by a fellow employee, Davis, a white woman and catering specialist employed in the same division as Vance.

The situation persisted causing Vance to file a lawsuit in 2006 claiming that she had been subjected to a racially hostile work environment in violation of Title VII.  While the parties agreed that Davis did not have the authority to fire, hire, promote, or transfer Vance, in her capacity as a lead caterer, Davis controlled the day to day duties of Vance.  In her complaint, she alleged that Davis was her supervisor and that BSU was liable for Davis’ creation of a racially hostile work environment.

The plaintiff, Vance, argued that a person is a “supervisor” if he/she has authority to control someone else’s daily activities and evaluate performance.  The employer argued that a “supervisor” must have more power, such as the ability to take a tangible actions including: “hiring, firing, demoting, promoting, transferring or disciplining” the employee.[3]

Under Title VII of the Civil Rights Act, an employer’s liability for harassment and discrimination depends on the status of the harasser. If the harassing employee is the victim’s co-worker, the employer is liable only if it was negligent in controlling working conditions.[4]  However, if the harassing employee is the victim’s supervisor different rules apply.

Case #2

In two companion cases from 1998, Burlington Industries, Inc. v. Ellerth and Faragher v. Boca Raton, the Supreme Court held that an employer is strictly liable under Title VII for discrimination or harassment by an employee who is a “supervisor” where the harassment amounts to tangible employment actions.

Where there is no adverse employment action, the employer is still vicariously liable for the supervisor’s hostile work environment unless the employer can establish as an affirmative defense that (1) the employer exercised reasonable care to prevent and correct any harassing behavior and (2) that the plaintiff unreasonably failed to take advantage of the preventive or corrective opportunities that the employer provided.[5]  Under this framework, therefore, it matters whether the harasser is a “supervisor” or simply a co-worker.

Writing for a five-to-four majority, Justice Alito’s opinion adopted the rule proposed by the employer, holding that for purposes of this Title VII rule, to be a “supervisor,” a person must have the power to take a “tangible employment action” against the victim.[6]

That is, he must be able to “effect a ‘significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”[7]  The employer was entitled to win the case because Vance had not adequately shown that the person who discriminated against her was a supervisor under the Court’s definition.

Takeaway 

Thus, for the purposes of Title VII of the Civil Rights Act, “an employer may be vicariously liable for an employee’s unlawful harassment only when the employer has empowered that employee to take tangible employment actions against the victim,” such as significant change in employment status, responsibilities, or changes in benefits.[8]

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere in Fairfield County. Should you have any questions about Title VII and workplace discrimination or any other employment law matter, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

[1] Vance v. Ball State University, 520 U.S. ___ (2013)

[2] Burlington Industries, Inc. v. Ellerth 524 U. S. 742 (1998), Faragher v. Boca Raton, 524 U. S. 775 (1998),

[3] 2008 WL 4247836, *12 (quoting Hall v. Bodine Elect. Co., 276 F. 3d 345, 355 (CA7 2002)

[4] Vance v. Ball State University, 520 U.S. ___ (2013)

[5] Faragher, at 807; Ellerth, at 765.

[6] Vance v. Ball State University, 520 U.S. ___ (2013)

[7] Vance v. Ball State University, 520 U.S. ___ (2013); Ellerth, 524 U.S. at 761

[8] Vance v. Ball State University, 520 U.S. ___ (2013)

A Woman’s Rights – 3 Who Fought Back and Won

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A cleaning woman, who speaks no English, is raped by a supervisor. A plumber’s boss insists that she change into work clothes in front of male employees. A proofreader is fondled by a coworker. Other employees tell obscene jokes and make sexist remarks. All three women filed complaints with the New York City Commission on Human Rights – and won.

“Discrimination is a strange animal. So many people don’t realize they are doing it,” said Joseph Maya, the attorney who handled the three cases. “I have cases all the time where someone has been subjected to sexual harassment, one of the most traumatic experiences a person could have.”

“Even with such serious charges, often the respondents don’t think they harassed. They think theirs is a natural reaction to a woman.”

Maya said the city agency investigates every complaint, and if someone “fears retaliation, we will prosecute a retaliation complaint too.”

He said the agency also tries to get companies to implement and adopt sexual harassment policies, telling employees it won’t be tolerated.

“Companies could save thousands of dollars by establishing such policies,” said Maya.

The proofreader he represented received $44,200 from her employer. The plumber got $18,000 and a separate changing area. The cleaning woman got an undisclosed amount and all supervisors in her company were required to attend sensitivity training.

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The lawyers at Maya Murphy, P.C., are experienced and knowledgeable employment law practitioners and assist clients in New York City, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and elsewhere throughout Fairfield County. Should you have any questions about sexual harassment or workplace discrimination or would like to schedule a consultation, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut, by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

Firing to Prevent Pension Vesting, Without More, Does Not Violate ADEA

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In this economy, companies are terminating employees in an effort to increase share value or simply improve the bottom line.  Often it is the older, more senior, and more costly employees that are the first to go.  The question sometimes arises: “Can my employer fire me to prevent my pension from vesting (thereby saving itself money) without violating the Age Discrimination in Employment Act?”  The short and surprising answer is “yes,” assuming the absence of other critical allegations necessary to sustain an ADEA claim.

A Relevant Case

In a case out of the Second Circuit Court of Appeals, a Connecticut employee alleged in his Complaint only that “he was fired by defendants because he was nearing the age of retirement.”  The lower court dismissed this claim and the appellate court affirmed because this was the only fact alleged in the Complaint as evidence of age discrimination.  The United States Supreme Court has held that the firing of an employee to prevent his pension benefits from vesting does not, without more, violate the ADEA.

What essential allegations were missing?  In order to prevail, the plaintiff had to allege facts evincing that his employer was using pension status as a proxy for age, in order to discriminate on the basis of age.  How could he do that?  One way would be to plead and prove that his pension vested due to age and not years of service.  While age and years of service are empirically connected, the Supreme Court has said that they are “analytically distinct.”  What the Complaint lacked were additional allegations supporting a claim of age discrimination, for a successful ADEA plaintiff must prove that age actually motivated the employer’s decision.

The take-away from this case is that victims of age discrimination should consult with an experienced employment law litigator to ensure that an actionable claim is properly alleged in a Complaint.  In the case referred to above, it is impossible to say whether the plaintiff would have prevailed with a more artfully crafted Complaint.  What we do know is that his bare-bones Complaint was dismissed as insufficient without ever being heard on its merits.

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The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues. Please contact our Westport office at 203-221-3100.

Did Basketball Powerhouse Force Coach to Resign Due to Her Disability?

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Most people who have lived for some period of time here in Connecticut are amply familiar with the Lady Huskies and Lady Vols fierce decade-long rivalry. Before regular season matches were discontinued five years ago, these games were the highlight of the season. Thus, fans have come to form a love-hate relationship with Pat Summitt, Head Coach of the Lady Vols who has the most wins of any (both male and female) NCAA basketball coach.

It came as a shock to hear on April 18, 2012, after thirty-eight years of coaching, Summitt would be retiring from her post after being diagnosed with early-onset dementia-Alzheimer’s disease just before the start of the 2011-2012 season.[1] “I’ve loved being the head coach at Tennessee for 38 years, but I recognize that the time has come to move into the future and to step into a new role,” explained Summitt.[2]

As it turns out, the decision may not have been entirely that of Summitt.

The Coach’s Resignation

In a recently released affidavit,[3] Summitt revealed that on March 14, 2012, she met with the University of Tennessee (UT) Athletics Director David Hart, who informed her that she would no longer be the coaching the Lady Vols. Summitt further explained:

This was very surprising to me and very hurtful as that was a decision I would have liked to have made on my own at the end of the season after consulting with my family, doctors, colleagues, and friends and not be told this by Mr. Hart. I felt this was wrong.[4]

UT spokeswoman Margie Nichols denied allegations that Summitt was forced out of her position. “It’s absolutely not true… It was Pat’s idea to become the head coach emeritus. I think she made that really clear at her press conference earlier this year.”[5] Regardless, this leaves many asking: was Summitt forced to resign because of her disability?

Discrimination in the Workplace

Under Connecticut law, employees enjoy a very comprehensive statutory scheme prohibiting discriminatory practices in the workplace. Unless the employer and its agents (such as administration or management) have a “bona fide occupational qualification or need,” it is a violation of the General Statutes:

To refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment because of the individual’s race, color, religious creed, age, sex, marital status, national origin, ancestry, present or past history of mental disability, mental retardation, learning disability or physical disability, including, but not limited to, blindness.[6]

In addition, employees enjoy federal protection of their rights through such legislation as the Americans with Disabilities Act, the Rehabilitation Act, and the Family Medical Leave Act, to name just a few.

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Discrimination on the basis of disability or another protected class is unfortunately a common occurrence in the workplace, but its prevalence in no way makes it lawful. If you are a teacher, coach, or any employee and you find yourself being the target of adverse employment action on any of the above bases, it is imperative that you consult an experienced and knowledgeable school or employment law practitioner.

Should you have any questions regarding employment discrimination or other education law or employment law matters, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.

 

[1] “Pat Summitt’s Early-Onset Dementia: Lady Vols Coach Resigns Less Than A Year After Diagnosis.” Published April 18, 2012. Accessed October 5, 2012: http://www.huffingtonpost.com/2012/04/18/pat-summitt-dementia-early-onset-alzheimers-memory_n_1435380.html

[2] Id.

[3] “Affidavit of Coach Pat Head Summitt.” Accessed October 5, 2012: http://www.documentcloud.org/documents/452632-pat-summitts-affidavit.html

[4] Id.

[5] “Pat Summitt Affidavit: Ex-Tennessee Coach Initially Felt Forced Out Of Job Over Early-Onset Dementia,” by Steve Megargee. Published October 3, 2012. Accessed October 5, 2012: http://www.huffingtonpost.com/2012/10/04/pat-summitt-affidavit-tennessee-coach-job_n_1937730.html

[6] Connecticut General Statutes § 46a-60(a). Accessed October 5, 2012: http://www.cga.ct.gov/current/pub/chap814c.htm#Sec46a-60.htm