Posts tagged with "sexual orientation"

Circuit Court Vacates Decision Holding Insurance Company Must Indemnify Employer Liable in Sexual Harassment Claim

The First Circuit of the U.S. Court of Appeals vacated a decision by the District Court granting summary judgment for an insured employer, requiring its insurance company to defend and indemnify it against sexual harassment claims.[1] The First Circuit held that there was a factual dispute as to whether the underlying sexual harassment charges began before the insured employer’s insurance policy took effect.

Case Background

Beginning in 1997 to 2006, Mrs. Burgess was a human resource manager at Jasmine, a clothing retailer of whom Manganella was the president and sole shareholder.  In 1998 another former employee filed claims against Jasmine based on Manganella’s offensive conduct. In response, Jasmine purchased from the insurance company, Evanston, an employment liability insurance policy.   The Policy covered damages, including monetary settlements, “which [Jasmine] shall become legally obligated to pay as a result of [timely made claims], by reason of any Wrongful Employment Practice.[2]

The Policy stated that Wrongful Employment Practice includes, “conduct of an Insured with respect to … [an] employee that allegedly culminated in … violation of any state, federal or local civil rights or anti-discrimination law and/or fair employment practices law.[3]”  According to the contract, for a claim to be covered, a Wrongful Employment Practice must have happened in its entirety during the policy period or after the retroactive date, which was April 28, 1999.

Burgess’s Accusation

On March 19, 2007, Burgess filed a charge of discrimination against Manganella and Jasmine with the Massachusetts Commission Against Discrimination. Burgess’s MCAD charge alleged that, “throughout her employment with Jasmine, Manganella subjected Ms. Burgess to nearly constant physical and verbal sexual harassment,” including “inappropriate comments about Ms. Burgess’ body, inappropriate touching,” and, eventually, coerced sexual activity on five separate occasions.[4]

Ten days after Burgess filed her charges Manganella notified Evanston of her claims and requested coverage. Less than two weeks later, Evanston sent a letter to Jasmine, denying coverage for Burgess’s claims on the ground that the harassment alleged by Burgess in “did not happen in its entirety subsequent to the retroactive date,” as required for coverage.[5]

The Court’s Decision

While the District Court granted the employer’s action for declaratory judgment that the insurance company had a duty under the insurance policy to defend and indemnify it against charges of sexual harassment, the Court of Appeals found that statements made by the former employee could support the inference that the harassing conduct giving rise to her claim did include inappropriate comments before the Policy’s April 1999 retroactive date.

After analyzing the insurance policy and the statements made by Manganella’s, the Court held that a reasonable factfinder could conclude that Manganella’s offensive sexual comments, while perhaps “not … serious enough for complaint” when made, were ultimately part of the broader pattern of harassing, unlawful conduct that gave rise to Burgess’s claims.[6]  The Court thus vacated and remanded the case to determine if any of Manganella’s harassing conduct toward Burgess predated the insurance policy.

 

Employers and businesses need Employment Liability Insurance to insulate them from the inherent risks and unpredictable events that arise from owning and running a business, but coverage requirements and policy details are often complex.  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 Employment Liability Insurance, coverage and policy requirements, workplace sexual harassment 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.

Year End Employment Contract Bonus Payments in Connecticut: Enforceable Promises?

Employment Contracts in Connecticut: When is a promise to pay a year-end bonus enforceable against an employer?

Given the downturn in the economy, millions of employees lost their jobs at the end of 2012. Many of those jobs were based upon a compensation structure including a base salary and a bonus to be paid at the end of the year, or early this year, as in now. If you are one of those individuals who lost your job, you are probably wondering whether you are entitled to the bonus you thought you were promised. The Connecticut Appellate Court answered this question in favor of employees.

Case Background

Here are the facts of the case. An employee worked for a small Connecticut employer for several years. At the outset of the employment relationship, the employee agreed to accept a lower salary in consideration for the employer’s promise to pay a year-end bonus. This arrangement continued for several years. Eventually, the employee left the firm and the employer decided to pay only his base salary, but no year-end bonus. The employee sued.

In the lawsuit, the employee alleged breach of contract and wrongful withholding of wages. After trial the court entered judgment for the employee on the breach of contract count awarding damages.  In reviewing the case, the Connecticut Appellate Court found that the trial court properly looked at the employment contract, and parole evidence – circumstances outside of the employment contract – to determine the appropriate compensation, including a bonus payment, for the employee during the last year of his employment. The Connecticut Appellate Court determined the parties entered into a written employment contract setting forth the criteria upon which annual compensation would be based and therefore, the employee had a viable claim to a bonus payment.

The Court’s Decision

The Court found the written employment contract only set forth the timing and basis for calculating the amount of annual compensation. The written employment contract did not set forth the expression of the parties intent as to the timing, form and amount of payment, which are essential terms to an employment contract.

The trial court concluded that the employer had agreed by either words or deeds pursuant to the compensation clause in the contract to pay a bonus to the employee for that portion of the year the plaintiff was employed with the employer. The Appellate Court further found that even though the employer and the employee were indefinite as to the amount of the bonus, this did not render the bonus promise unenforceable. The employer’s promise of a yearly bonus was supported by the consideration of the employee accepting a lower salary throughout the year.

The Appellate Court also reversed the trial court and found that the claim for wrongful withholding of wages should not have been dismissed. The Court determined that under the employment agreement the bonus could have been classified as wages under Connecticut Labor Law.

 

If you have any questions regarding this article, or would like to discuss an employment contract, severance package, non-competition agreement, non-solicit agreement, or any other issue related to your employment, please contact Joseph C. Maya, Esq. at JMaya@Mayalaw.com or (203) 221-3100.

Employment Contracts and Non-Compete Agreements in Connecticut

Employee Representation

Our firm enjoys a strong national reputation for representing employees, executives and partners in all areas of employment law. From representing senior executives in employment contract and severance negotiations, to protecting individuals’ civil rights in the workplace. Maya Murphy is a recognized leader in the field of employment law. As employment lawyers, we take great pride in our innovative approach to the practice of law and our firm’s focus on protecting and promoting employee rights.

Employer Representation
We represent employers in connection with all the various problems and issues involving their relations with their employees.

Our clients include every form and size of organization, ranging from multinational corporations to local public schools, and cover the spectrum of the nation’s economy. We are particularly active in the financial, cultural, transportation, retailing, entertainment, professional sports, telecommunications, manufacturing, health care, publishing, philanthropic, governmental, and educational sectors.

On a daily and continuing basis, we provide advice and participate in strategic planning concerning all aspects of the employment relationship, including:

·         collective bargaining

·         reductions-in-force and other corporate restructurings

·         employee discipline and discharge

·         development of employment policies and procedures

·         preparation of employee handbooks

·         negotiation and drafting of employment agreements

·         equal employment opportunity, affirmative action and occupational safety and health requirements

·         compliance with immigration regulations and procedures

·         wage and hour practices and audits

·         delicate employment situations, such as allegations of sexual harassment; workplace drug abuse and.              employee privacy

Our employment and labor law experience is frequently sought in connection with corporate transactions, mergers, acquisitions, reorganizations and bankruptcy proceedings.

Fired Teacher Sues for Wrongful Discharge and Defamation

A former middle school teacher who experienced wrongful termination suffered insult upon injury when he was defamed by his principal following his departure from the school, a new lawsuit alleges.

The physical education teacher – who previously had been praised as a “distinguished teacher” by the school – was continually harassed and berated by his supervising principal before ultimately being terminated, as the lawsuit sets forth.  Even after the teacher’s departure from the school, the abuse continued – culminating in the principal making a series of specific, baseless, outrageous statements to the teacher’s former colleagues.

Connecticut Courts Strike Down Unreasonable Non-Compete Agreements

Connecticut Courts Strike Down Unreasonable Non-Compete Agreements

Have you lost your job?  Your career? This economy is brutal and has affected millions of Americans.  Countless people have been fired or laid off, and a lot of folks are struggling to regain their livelihood, especially in the banking industry.  The current job market is lean and extremely competitive, and as a result, finding a replacement job to make ends meet has become difficult.  Remarkably, in some instances, it is not the economy that is preventing these folks from rejoining the ranks of the employed, but rather it is their former employers!

Assume this scenario for a moment.  Stock-Broker was working for JPMorgan in New York City, and her employment ended. She was either let go because of the economy or she just wanted a change in scenery.  After her employment with JPMorgan came to end, she received an offer from Morgan Stanley in Stamford, a competitor with JPMorgan in the investment banking industry.  Morgan Stanley is great.  They give free bagels out for breakfast on Wednesdays.  Stock-Broker decides she wants to take the job with Morgan Stanley, but there is a caveat.

When Stock-Broker began working for JPMorgan she signed an agreement that she would not work for another investment bank within a 60-mile radius for a year. The question then becomes not whether Stock-Broker wants to work for Morgan Stanley, but does the law allow her?  Does this scenario seem familiar to you?  If it does, please continue reading.

What is a Non-Compete Agreement

Typically, when an investment banker begins a career with a new employer, he or she signs a “non-compete” agreement.  This agreement essentially bars a former employee from engaging in a business that competes with the former employer.  This is certainly the case with hundreds of New York investment banks who require their bankers to sign a non-compete before they begin working.  When determining whether Stock-Broker in our hypothetical above can work for another investment bank, the legality of her non-compete agreement must be examined.

How Connecticut Approaches Non-Compete Agreements

In Connecticut, courts take a hard-line approach to non-compete agreements, and usually view them as against public policy.  This does not mean that all non-compete agreements are struck down, however they must be reasonable in order to survive.  To determine the reasonableness of a non-compete agreement, Connecticut courts take numerous factors into account such as the length of time the restriction lasts, the extent of the geographic area the former employee is barred from working in, and the public interest. See Robert S. Weiss & Associates, Inc. v. Wiederlight, 208 Conn. 525, 529 n.2, 546 A.2d 216 (1988).

Under this multiple factor test, if any restriction is found to be unreasonable, then the agreement fails, and the employee is free to work where he or she will.   A non-compete agreement usually fails because the time-limit or geographic boundaries are unreasonable.  Typically, if the agreement restricts the former employee from engaging in a competing business within one year of termination and within a five-mile radius, a Connecticut court will not overturn it.  In contrast, during a non-compete agreement dispute, a Connecticut court quickly struck down a 50-mile radius restriction. See generally Braman Chemicals, Conn. Super. Ct.  LEXIS 3753 (2006).

Furthermore, Connecticut courts have routinely struck down non-compete agreements that restrict anything more than a 35-mile radius.  See e.g., Nesko Corp. v. Fontaine, 19 Conn. Super.  Ct. 160, 110 A.2d 631 (1954); see also Trans-Clean Corp. v. Terrell, Conn. Super. Ct. LEXIS 717 (1998) (court noted that the 60-mile radius from the employer’s home office in Stratford encompassed approximately 75% of the state); see also Timenterial, Inc. v. Dagata, 29 Conn. Super. Ct. 180, 277 A.2d 512 (1971) (50-mile radius restriction held invalid).

Analyzing a Hypothetical Non-Compete Agreement

Apply these factors to our Morgan Stanley hypothetical.  Remember, Stock-Broker signed a non-compete agreement with JPMorgan that provided she would not work for a competing investment bank within a 60-mile radius. Unfortunately for Stock-Broker, Stamford is in Connecticut and only 40 miles away.  Stamford’s location falls within the 60-mile radius in JPMorgan’s non-compete agreement, and thus Stock-Broker would be violating the agreement if she took the job.

Stock-Broker takes the job anyway and JPMorgan sues her.  Stock-Broker argues that her non-compete agreement is unreasonable and therefore invalid.  The Connecticut court will apply the five factor test, and based on past rulings, most likely find that a 60-mile radius is too large of a geographic area.  Subsequently, Stock-Broker will then be allowed to take the position with Morgan Stanley.

Now, let us assume that JP Morgan is also in Stamford, and Stock-Broker signed a non-compete that restricted her from working with a competing business within a 15-mile radius.  JP Morgan sues Stock-Broker and she again argues to invalidate the non-compete for unreasonableness.  This time however, the outcome will be different.  The geographic distance of a 15-mile radius is negligible compared to a 60-mile radius, and Connecticut courts have routinely upheld non-competes that contain such a distance.

Conclusion

Non-compete agreements prevent thousands of stock-brokers from regaining employment in investment banking.  A lot of former employees believe there is nothing that can be done; when in reality a lot of non-compete agreements would most likely not hold up in court.  If you’re a stock-broker who was fired or laid off, and is struggling to find a replacement job in the investment banking world because of your employment contract, call us here at Maya Murphy P.C. and we’ll give you free advice.

Burough Notified of Lawsuit by Officer

Woman Charges Discrimination

NAUGATUCK — A Naugatuck Police officer has notified the borough she intends to file a discrimination lawsuit against the police department, according to a letter filed at Town Hall.

Police Officer Caroline O’Bar intends to sue the Police Department and Police Chief Dennis “Ned” Clisham for “poor and inaccurate performance evaluations,” failing to consider her for a promotion and special assignments, denying her overtime and special schooling, and for slander, according to the letter signed by Tracy L. Norris, an attorney with the New York-based firm Maya & Associates, P.C.

Case Background

O’Bar has worked at the department for several years, but according to Norris’ letter, the alleged discrimination she suffered occurred starting in Oct. 24, 1999. The attorney added that the instances of discrimination violated the officer’s civil rights as well as the Family Medical Leave Act.

The letter also states that O’Bar has filed complaints with the U.S. Department of Labor, the Connecticut Commission on Human Rights, and the Equal Employment Opportunity Commission. Both the human rights commission and equal opportunity commission are investigating O’Bar’s accusations. Clisham could not be reached for comment.

O’Bar, a patrol officer, has said she will not comment on the lawsuit, and referred all questions to her attorney, Joseph C. Maya. Maya, who has handled well-known discrimination lawsuits involving women, would not comment on O’Bar’s lawsuit.

O’Bar is one of fewer than five women among 53 sworn officers at the Naugatuck Police Department.

By Ann Marie Somma
© 2000 Republican-American

Sexual Orientation Can Give Rise to Hostile Work Environment Claim

By now, most employees are aware that they may not be discriminated against in the workplace based upon such considerations as race, gender, national origin, age, or disability.  In a recent decision, the Connecticut Supreme Court added to that list workplace harassment because of sexual orientation.

Patino v. Birken Manufacturing Co., 304 Conn. 679 (2012)

In Patino v. Birken Manufacturing Co., 304 Conn. 679 (2012), the Connecticut Supreme Court held that the section of the Connecticut General Statutes prohibiting employer discrimination against employees because of their sexual orientation additionally creates a cause of action for hostile work environment where employees suffer harassment from their co-workers based upon their sexual orientation.

In Patino, the plaintiff claimed that he was harassed by co-workers because of his sexual orientation and that his employer did nothing to remedy the situation.  Specifically, the plaintiff’s co-workers uttered derogatory multi-lingual slurs against homosexuals while in the plaintiff’s presence.  Initially, the plaintiff did not report the incidents to his employer choosing, instead, to record them in a diary.  Later, the employee complained to a supervisor about the derogatory slurs and an “all hands” meeting was held to address the problem.

Unfortunately, after the meeting, the harassment continued, leading to the transfer of one of the offending employees to another facility.  The remaining workers, however, continued with the derogatory references.  For several years thereafter, the plaintiff wrote numerous letters of complaint to his employer and filed five Complaints with the Connecticut Commission on Human Rights and Opportunities (the state administrative agency charged with initial investigation of claims of employment discrimination).  The last of these Complaints proceeded to trial where the plaintiff won, and a jury awarded him $94,500 in noneconomic damages.

The Employer’s Appeal

On appeal, the company claimed that the statute in question (C.G.S. § 46a-81c) made no reference to “hostile environment” or “hostile workplace” and the plaintiff was therefore not possessed of a viable claim arising from a hostile work environment.  The employer also argued that to be actionable, the offending slurs would have to be spoken directly to the plaintiff notwithstanding the fact that federal courts have ruled that discriminatory statements made outside the employee’s presence can be actionable.  Finally, the employer argued that derogatory slurs spoken in languages other than that of the employee could not form the basis for liability.

The Connecticut Supreme Court was uniformly unimpressed with the employer’s arguments and unanimously affirmed the decision of the trial court.  Thus, the highest court of this state has spoken about the scope of the prohibitions contained in a state statute and the issue appears well-settled: an employee can sue his or her employer for failing to remedy a hostile work environment emanating from derogatory statements concerning sexual orientation.

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 workplace-related claims and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield and resolving such issues.  Should you have any questions about 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.

In Sexual Harassment Claims, Court Will Consider the Totality of the Circumstances

By: Joseph Maya, Esq.
Title VII

Working in a hostile environment can be a very traumatic experience.  Indeed, victims of sexual harassment often experience a pattern of mistreatment over an extended period of time.  This may include physical or verbal abuse, and often includes overtly gender-specific conduct as well as behavior which on its face appears to be gender-neutral (behavior that while abusive, when considered independently, may appear to have nothing to do with one’s gender).

When considering whether a victim of sexual harassment is entitled to judicial redress, it is important to take both types of conduct into account.  In fact, when considering a claim brought under Title VII, a court will consider the totality of the circumstances, including both facially gender-specific behavior as well as behavior that is facially gender-neutral.

Generally speaking, Title VII prohibits, “discrimination against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual’s… sex.” 42 U.S.C. § 2000e-2(a)(1).  Title VII is not limited to “’economic” or “tangible” discrimination, however.  The phrase “terms, conditions, or privileges of employment” evinces a congressional intent to strike at the entire spectrum of disparate treatment of men and women in employment, which includes requiring people to work in a discriminatorily hostile or abusive environment. 

Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S. Ct. 367, 126 L. Ed. 2d 295 (1993)

As the Court explained in Harris, Title VII is violated, “When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment,” Id.  Importantly, an employer is presumed to be responsible where the perpetrator of the harassment was the plaintiff’s supervisor. See, e.g., Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 765, 118 S. Ct. 2257, 141 L. Ed. 2d 633 (1998).

In determining whether an environment is “hostile” or “abusive,” the Court in Harris stated that one must consider all the circumstances surrounding the alleged discrimination. 510 U.S. at 23.  This may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance. The effect on the employee’s psychological well-being is also relevant to determining whether the plaintiff actually found the environment abusive.

Notably, while psychological harm, like any other relevant factor, may be taken into account, no single factor is required. Id.  Because the analysis of severity and pervasiveness looks to the totality of the circumstances, the crucial inquiry focuses on the nature of the workplace environment as a whole.  To that end, a plaintiff who herself experiences discriminatory harassment need not be the target of other instances of hostility in order for those incidents to support her claim. Cruz v. Coach Stores, Inc., 202 F.3d 560, 567 (2d Cir. 2000).

Gender Discrimination in a Hostile Work Environment

It is fairly well settled that to prevail on a claim of hostile work environment based on gender discrimination, the plaintiff must establish that the abuse was indeed based on his or her gender. See, e.g., Raniola v. Bratton, 243 F.3d 610, 621 (2d Cir. 2001).  However, facially neutral incidents may be included among the “totality of the circumstances” that courts consider. Alfano v. Costello, 294 F.3d 365, 378 (2d Cir. 2002).  In determining whether facially sex-neutral incidents were part of a pattern of discrimination on the basis of gender the Court may consider, for example, whether the same individual engaged in multiple acts of harassment, though some may have been overtly sexual and some not. Id.  

Gender Hostility Cases

In Raniola, supra, the Court concluded that, given proof of instances of overt gender hostility by the supervisor of the female plaintiff, a rational juror could have permissibly inferred that his entire alleged pattern of harassment against her was motivated by her gender, even though some of the harassment was not facially sex-based. Thus, the relevant circumstances in Raniola included not only offensive sex-based remarks, but also one facially gender-neutral threat of physical harm by the supervisor who had made the remarks.

In Kaytor v. Electric Boat Corporation, 609 F. 3d 537 (2d Cir 2010), the United States Court of Appeals for the Second Circuit adhered to this principle.  In that case, the plaintiff, an administrative assistant in the defendant’s engineering department, brought suit under Title VII alleging that the department manager sexually harassed her.  The plaintiff alleged that in addition to constantly staring at her and making suggestive advances, the manager also threatened her with physical harm.  For example, the manager allegedly told the plaintiff he wished she was dead, saying, “I’d like to see you in your coffin.”

Additionally, on six occasions, the manager allegedly told the plaintiff he wanted to choke her.  In overturning the trial Court’s decision which effectively dismissed the plaintiff’s case, the Appellate Court explained, “…the court should not have excluded from consideration [the plaintiff’s] testimony as to [the manager’s] stated desires to choke her, to see her in a coffin, and to kill her.”  According to the court, one could permissibly infer that the manager’s harsh treatment of the plaintiff was the result of his spurned advances and that the facially gender-neutral threats he directed at the plaintiff were, in fact, because of her sex.

Bridgeport DJ Says Spit Cost Her Her Job

BRIDGEPORT –

As Prozac Girl on the controversial, syndicated “Star & Buc Wild Morning Show,” Keysha Whitaker often had to deal with sophomoric abuse thrown at her. But when it came to being spit at, Whitaker drew the line. That cost Whitaker her job, she claims.

As a result, Whitaker, who according to court papers lives on Avalon Drive in Milford, filed a multimillion-dollar lawsuit claiming intentional infliction of emotional distress, assault, defamation, and violation of the Americans with Disability Act. Her on-air character, Prozac Girl, was based on her real-life bout with depression.

U.S. District Judge Janet C. Hall rejected Clear Channel Broadcasting’s request to dismiss the case against the company; Troi Torain, better known as hip-hop shock jock DJ Star; and Miguel Candelaria, the show’s producer. The judge listened to the two sides argue their cases for about an hour before ruling from the bench. Hall dismissed the assault charge after finding the suit claims only an oral threat was made and that Star did not actually attempt to spit on her.

However, Hall said Bryan Carmody, Whitaker’s lawyer, could resurrect that claim if he can show Torain did attempt to spit on his client.

Case Background

The syndicated show began broadcasting on Clear Channel’s WPPH-FM 104.1 in Hartford in April 2004. More recently, it called WWPR-FM Power 105.1 in New York home. But Torain’s actions led to Clear Channel pulling the show from the air and dropping its $4 million Star from the payroll.

On that day, Torain made on- the-air comments about the 4-year-old daughter of DJ Envy, a rival morning host on Hot 97, which once broadcast Torain’s show. DJ Envy’s real name is Rashawn Casey.

Torain maintained his comments were in response to earlier ones made against his mother by Casey.

On May 13, 2006, Torain was arrested on charges of endangering the welfare of a child as a result of his comments. The charge carries a maximum 2-year sentence. He was released on $2,000 bond.

Whitaker was just one of a number of characters on the show. Others included Buc Wild, Torain’s real-life half-brother; “White Trash” Helene, from Hamden; and “Chris the Queer,” the show’s gay newsman.

In February 2004, Clear Channel hired Whitaker to play the role of Prozac Girl at a salary of $60,000 a year, the suit claims. Additionally, she was to be paid a $20,000 lump sum each time the show was syndicated to a new locale, according to the suit.

The show began airing on 104.1 WPHH in Hartford in April 2004.

The Incident

During the May 24, 2004, broadcast, Torain spat on Candelaria and said, “all of you in here are going to get anointed with my spit,” the suit alleges.

Following the show, the suit claims, Whitaker told Candelaria she would resign if Torain insisted upon “anointing her with his saliva.”

Three days later, the suit claims, Candelaria shot a “phlegm-laden” launch at a character named “Crossover Negro Reese,” a newsman. Torain then threatened to spit on Whitaker, who again objected, the suit charges.

After the show, the suit says, Candelaria demanded a letter of resignation from Whitaker, stripped her of her office keys and walked her out of the building.

The suit further claims Torain called Whitaker after she left and told her she was fired because she “is sick,” “disabled” and has depression.

Since then, Carmody said, his client has suffered severely.

“She’s not working,” he said.

The parties in the suit could not be reached for comment Wednesday evening.

Connecticut Post
By: Michael P. Mayko

Naugatuck Cop Claims Discrimination

NAUGATUCK —

A Naugatuck police officer has notified the borough she intends to file a discrimination lawsuit against the police department, according to a letter filed at Town hall.

Police Officer Caroline O’Bar intends to sue the department and Police Chief Dennis “Ned” Clisham for “poor and inaccurate performance evaluations,” failing to consider her for promotion and special assignments, denying her overtime and special schooling, and slandering her, according to the letter. O’Bar had worked for the department for several years, but according to the letter, the alleged discrimination she suffered started to occur in Oct. 24, 1999.

Clisham could not be reached for comment.

By Ann Marie Somma
©2000 Republican-American