Connecticut Judicial Branch v. Gilbert
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The Supreme Court affirmed in part and reversed in part the judgment of the trial court in this case arising from allegations of sexual harassment brought by the complainant, a judicial marshal who was employed by the Connecticut Judicial Branch, holding that remand was required.
A human rights referee with the Commission on Human Rights and Opportunities concluded that the the allegations were substantiated and awarded the complainant back pay, emotional distress damages, injunctive relief, and attorney's fees. The trial court reversed in part, concluding that the award of emotional distress damages must be vacated due to the complainant's failure to comply with discovery requests and that the injunction reinstating the complainant to her former workplace must be vacated as overbroad. The Supreme Court affirmed in part and reversed in part, holding that the trial court (1) properly concluded that emotional distress damages and attorney's fees were available remedies; but (2) erred in upholding the referee's determination that the state waived its sovereign immunity with respect to prejudgment and post judgment interest awards for civil rights violations.
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