Agency Disputes Arbitration Decision in Favor of Disabled Employee
by
Joseph C. Maya on Mar. 24, 2017
Employment Employment Discrimination Employment Employee Rights Lawsuit & Dispute Arbitration
Summary: Blog post on a case of a worker who was discriminated against because of a physical disability.
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In the case of Jackson v. Water Pollution Control Authority, a worker sued a city agency for discrimination on the basis of race and physical disability in violation of the Connecticut Fair Employment Practices Act. The jury found that the agency discriminated against the worker on the basis of physical disability, and awarded economic damages of $ 2100. The trial court denied the agency's motions to set aside the verdict, and the agency appealed.
The worker was terminated after a labor dispute. Arbitrators ordered that the worker be reinstated, but the agency did not return the worker to his position. The parties entered into an agreement to settle the dispute. Shortly thereafter, the worker was suspended due to physical limitations. The appellate court held that the jury properly found that the agency discriminated against the worker based on his disability in violation of Connecticut law. The evidence indicated that the discharge was not precipitated by inability of the worker to perform his duties. The agency never sought to have a physician examine the worker, although such an examination was a condition of his suspension. The jury also properly found that the stated reason for suspending the worker was a pretext for discrimination. The worker argued that the trial court erred in ruling that a state agency, rather than the jury, should determine the amount of damages. However, the appellate court found that the worker failed to argue in his brief that he had any right for the jury to a jury determination of damages under Connecticut law, and the issue was thus abandoned. The judgment was affirmed.
If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
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Source: Jackson v. Water Pollution Control Auth., 278 Conn. 692, 900 A.2d 498, 2006 Conn. LEXIS 221, 18 Am. Disabilities Cas. (BNA) 233, 12 Accom. Disabilities Dec. (CCH) P12-171 (Conn. 2006)