ROGERS, C.J.
The central issue presented by this appeal
The jury reasonably could have found the following facts. The plaintiff was employed by the defendant as a machinist from 1977 until his termination on November 8, 2004.
Initially, in an effort to avoid confrontation, the plaintiff simply recorded the incidents in a series of diaries
In 1995, the plaintiff retained an attorney, who sent a letter to the defendant complaining about the harassment. Gary Greenberg, the defendant's then vice president and general counsel, responded in a letter dated April 20, 1995. In that letter, Greenberg recommended that the plaintiff be evaluated by a psychologist because the plaintiff's job required him to work with precision instruments and he thus posed a safety risk to others when his mental facilities were compromised. Meanwhile, the plaintiff continued to be subjected to harassment and to record the incidents in his diaries.
The plaintiff filed a total of five complaints with the commission on human rights and opportunities (commission), the first of which was filed on September 30, 1996. Following a hearing with the commission, the plaintiff wrote a second letter to the defendant describing the harassment he had experienced up to that point. On September 9, 1997, Greenberg again responded with a letter stating that the defendant had completed an investigation of the plaintiff's complaints and found that none of the plaintiff's coworkers knew anything about the alleged occurrences. On September 16, 1997,
The parties thereafter settled the plaintiff's first complaint with the commission by agreeing that the defendant would hold a workplace harassment seminar in November, 1997. At the seminar, employees were informed that they could lose their jobs, be suspended, or even be sued by the defendant if they made derogatory remarks. Few of the employees engaging in the harassment attended the seminar, however, and the harassment did not cease.
The plaintiff filed his second complaint with the commission in 1998, but summarily withdrew it in an attempt to "improv[e]
In January, 2004, five months after sending his last letter to the defendant, the plaintiff filed a fifth complaint with the commission, which is the subject of the present action.
Following a jury trial, the jury found in favor of the plaintiff and awarded him $94,500 in noneconomic damages. The defendant filed two postjudgment motions: a motion to set aside the verdict and a motion for remittitur. The trial court denied the motions, concluding that: (1) although § 46a-81c (1) contains no provision explicitly creating hostile work environment claims, "the statute prohibits discrimination `in terms, conditions or privileges of employment,' which ... is an `expansive concept' that authorizes [such claims]"; (2) the plaintiff presented sufficient evidence to support the finding that a hostile work environment existed and the award of damages; and (3) the damages award was not excessive and fell "within the necessarily uncertain limits of fair and just damages ... and [was] proportional to compensatory damages awarded in [similar] cases." (Citation omitted; internal quotation marks omitted.) This appeal followed.
The defendant first claims that the trial court improperly denied its motion to set aside the verdict by concluding that § 46a-81c (1) creates a cause of action for hostile work environment claims. The defendant essentially contends that, because the statute does not contain the words "hostile workplace" or "hostile environment," the text of the statute plainly and unambiguously indicates that there is no such cause of action. The plaintiff responds that the "terms and conditions" language of § 46a-81c (1) has acquired a peculiar and appropriate definition in the context of antidiscrimination law that "leaves little room for doubt concerning its meaning." In the alternative, the plaintiff
As a preliminary matter, we set forth the applicable standard of review. Although we generally review a trial court's denial of a motion to set aside a verdict for an abuse of discretion; Hall v. Bergman, 296 Conn. 169, 179, 994 A.2d 666 (2010); the question whether § 46a-81c (1) provides relief for hostile work environment claims is a question of statutory interpretation over which our review is plenary. See In re Joseph W., 301 Conn. 245, 256, 21 A.3d 723 (2011).
The principles governing statutory construction are well established. "When construing a statute, [o]ur fundamental objective is to ascertain and give effect to the apparent intent of the legislature.... In other words, we seek to determine, in a reasoned manner, the meaning of the statutory language as applied to the facts of [the] case, including the question of whether the language actually does apply.... In seeking to determine that meaning ... [General Statutes] § 1-2z
We begin by reviewing the text of § 46a-81c, which provides in relevant part: "It shall be a discriminatory practice in violation of this section: (1) For an employer, by himself or his agent ... to refuse to hire or employ or to bar or to discharge from employment any individual or to discriminate against him in compensation or in terms, conditions or privileges of employment because of the individual's sexual orientation...." In construing this statute, we must first determine whether the phrase "terms, conditions or privileges of employment" is plain and unambiguous and does not yield absurd or unworkable results.
Although § 46a-81c does not itself define the phrase, such silence does not necessarily equate to ambiguity. See Mayfield v. Goshen Volunteer Fire Co., Inc., 301 Conn. 739, 745, 22 A.3d 1251 (2011). "The test to determine ambiguity
This court previously has determined that "Connecticut antidiscrimination statutes should be interpreted in accordance with federal antidiscrimination laws." Curry v. Allan S. Goodman, Inc., 286 Conn. 390, 407, 944 A.2d 925 (2008); see also Thames Talent, Ltd. v. Commission on Human Rights & Opportunities, 265 Conn. 127, 139, 827 A.2d 659 (2003). Thus, in defining the contours of an employer's duties under antidiscrimination laws such as § 46a-81c, we have looked for guidance to federal case law. See, e.g., Brittell v. Dept. of Correction, 247 Conn. 148, 164, 717 A.2d 1254 (1998) (concluding legislature intended to make General Statutes § 46a-60 [a][1], which prohibits discrimination on basis of "race, color, religious creed, age, sex, marital status, national origin, ancestry ... [and] disability," coextensive with Title VII of the Civil Rights Act of 1964).
Analogous federal law that long predates and contains nearly identical language to § 46a-81c (1),
In Meritor Savings Bank v. Vinson, 477 U.S. 57, 64, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986), the United States Supreme Court examined the legislature's use of the phrase "terms, conditions, or privileges of employment" in Title VII, and declared that it evinced a congressional intent "to strike at the entire spectrum of disparate treatment of men and women in employment." (Internal quotation marks omitted.) The court concluded that "a plaintiff may establish a violation of Title VII by proving that discrimination based on sex has created a hostile or abusive work environment." Id., at 66, 106 S.Ct. 2399; Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (reaffirming standard set forth in Vinson); Fitzgerald v. Henderson, 251 F.3d 345, 358 (2d Cir.2001) (employing standard); see also Rogers v. Equal Employment Opportunity Commission, 454 F.2d 234, 237-38 (5th Cir.1971) (practice of racially segregating patients in physician's office was discrimination in "`the terms, conditions, or privileges of employment'"), cert. denied, 406 U.S. 957, 92 S.Ct. 2058, 32 L.Ed.2d 343 (1972).
Consistent with Vinson and its progeny, this court declared in Brittell v. Department of Correction, supra, 247 Conn. at 166-67, 717 A.2d 1254, that to
In examining the phrase hostile work environment, we also look to Connecticut case law analyzing § 46a-60 (a)(1),
This conclusion is consistent with the well established principle that, absent evidence to the contrary, "where the legislature uses the same phrase it intends the same meaning." (Internal quotation marks omitted.) Schiano v. Bliss Exterminating Co., 260 Conn. 21, 41, 792 A.2d 835 (2002). Accordingly, as a term of art with a fixed legal meaning in both federal and Connecticut antidiscrimination law, the phrase "terms, conditions or privileges of employment" appears in § 46a-81c (1) for the specific legislative purpose of permitting hostile work environment claims under that statute.
The defendant's contention disregards the fact that, although modeled after Title VII, § 46a-60 (a)(1) is itself undoubtedly more expansive than Title VII and thus, like § 46a-81c, was intended to extend broader protection than its federal counterpart. Title VII prohibits discrimination only on the basis of "race, color, religion, sex, or national origin"; see 42 U.S.C. § 2000e-2 (a)(1); while § 46a-60 (a)(1) broadly prohibits discrimination based on "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...." Hence, § 46a-60 (a)(1) protects additional classes of individuals who are not entitled to protection under Title VII, but whom the legislature has nevertheless deemed deserving of such protection under state law. Nothing in the language of the relevant statutes suggests that the legislature intended less extensive protections for victims of sexual orientation discrimination than for victims of other forms of discrimination.
In further support of its argument that our interpretation of the identical phrase in § 46a-60 (a)(1) is inapplicable to § 46a-81c because it provides more extensive protection than § 46a-81c, the defendant asserted at oral argument that, in Kerrigan v. Commissioner of Public Health, 289 Conn. 135, 206, 957 A.2d 407 (2008), this court acknowledged that Connecticut statutes prohibiting sexual orientation discrimination provide more limited protection than any other antidiscrimination statutes. Specifically, the defendant referred to our statement in Kerrigan regarding General Statutes §§ 46a-81a through 46a-81r, wherein we observed that, "the bill that did become [the gay rights] law provides more limited protection than the proposals that had preceded it, all of which would have added sexual orientation to the existing nondiscrimination laws and would have treated the classification in the same manner as other protected classes." Id. In Kerrigan, however, we focused on the legislation in its entirety, rather than § 46a-81c (1) specifically, which is the subsection at issue in the present case. Although other provisions concerning sexual orientation discrimination are or were limited by express provision; see, e.g., General Statutes (Rev. to 2009) § 46a-81r (law shall not be construed "to mean that the state of Connecticut condones homosexuality");
The defendant next directs our attention to § 46a-60 (a)(8)(C), which specifically employs the phrase "hostile or offensive working environment" in the context of sexual harassment claims. The defendant asserts that, "[b]ecause the Connecticut legislature chose to use the hostile work environment language in § 46a-60 [(a)(8) ]... and did not do so in the statutory language of § 46a-81c ... the trial court should not have read into the statute language that does not exist." In other words, the defendant essentially seeks to limit hostile work environment claims to those claims arising under statutes specifically employing the "hostile or offensive work environment" terminology. We disagree.
Section 46a-60 (a) provides in relevant part: "It shall be a discriminatory practice in violation of this section ... (8) For an employer, by the employer or the employer's agent ... to harass any employee, person seeking employment or member on the basis of sex. `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 ... (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...." (Emphasis added.)
Although § 46a-60 (a)(8)(C) contains the words "hostile or offensive working environment," we disagree with the defendant that the legislature must include such language in order to evince an intent to permit hostile work environment claims. First, we disagree because, according to the defendant's theory, under § 46a-60 (a)(1), which also does not contain the "hostile or offensive work environment" terminology; see footnote 14 of this opinion; the legislature intended not to permit hostile work environment claims arising out of discrimination on the basis of other classifications such as race, religion, age, marital status and disability. To the contrary, however, as we previously have explained, hostile work environment claims may be brought under § 46a-60 (a)(1) pursuant to that provision's prohibition of discrimination in "terms, conditions or privileges of employment...." See Rodrigue v. Triumph Actuation Systems-Connecticut, LLC, supra, Superior Court, Docket No. CV-11-6020397S (disability discrimination); Tosado v. State, supra, Superior Court, Docket No. CV-03-0402149S (race, national origin, and ancestry discrimination); Bramwell v. State, supra, Superior Court, Docket No. CV-97-0481200S (race discrimination); Hartford v. Casati, supra, Superior Court, Docket No. CV-00-0599086S (race discrimination); see also Smith v. Cingular Wireless, 579 F.Supp.2d 231 (D.Conn.2008) (Title VII hostile work environment claim based on store manager's refusal to accommodate plaintiff's back injury).
Indeed, because § 46a-60 (a)(8)(C) is Connecticut's only antidiscrimination statute containing the "hostile or offensive working environment" terminology, the defendant essentially claims that the legislature intended plaintiffs to obtain redress only in the sexual harassment context, apparently giving license to rampant workplace bigotry and thwarting the very purpose of antidiscrimination laws. As one amicus curiae points out, under such a
Second, the timeline of events leading up to the enactment of § 46a-60 (a)(8) is consistent with the legislature's use of the "hostile or offensive working environment" terminology in that statute. Specifically, § 46a-60 (a)(8) was adopted in 1980, the same year that the federal Equal Employment Opportunity Commission announced its stance that sexual harassment violates Title VII.
Accordingly, we conclude that the phrase "terms, conditions or privileges of employment" constitutes a term of art with a fixed legal meaning, and the legislature's use of that phrase in § 46a-81c (1) evidences its intent to permit hostile work environment claims where employees are subject to sexual orientation discrimination.
The defendant next claims that, even if § 46a-81c creates a cause of action for hostile work environment claims, the jury's determination that a hostile work environment existed in the present case is wholly unsupported by the evidence. Specifically, the defendant first asserts that the derogatory and homophobic slurs were never said directly to the plaintiff. Second, the defendant contends that the slurs were commonly made in languages not understood by the plaintiff, who is fluent only in Spanish and English, and that there is an alternative definition for at least one Spanish word that was used by the plaintiff's coworkers. Finally, the defendant asserts that the plaintiff voluntarily chose to work on paid vacation days, and "[i]t makes no sense that [the plaintiff] experienced what a reasonable person would describe as an objectively hostile work environment if, on a day when he was entitled to stay away from work and still get paid, he chose to show up at the shop." We reject each argument in turn.
The applicable standard of review is well settled. "The proper appellate standard of review when considering the
As we have stated previously, to establish a hostile work environment claim, a plaintiff must produce evidence sufficient to show that 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.... [I]n order to be actionable ... a sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so." (Citations omitted; internal quotation marks omitted.) Brittell v. Dept. of Correction, supra, 247 Conn. at 166-67, 717 A.2d 1254; see also Gorzynski v. JetBlue Airways Corp., 596 F.3d 93, 102 (2d Cir.2010). Whether an environment is objectively hostile is determined by looking at the record as a whole and at all the circumstances, including "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." Harris v. Forklift Systems, Inc., supra, 510 U.S. at 23, 114 S.Ct. 367. As the Court of Appeals for the Second Circuit explained with respect to offensive slurs in another context: "[T]here must be more than a few isolated incidents of racial enmity... meaning that [i]nstead of sporadic racial slurs, there must be a steady barrage of opprobrious racial comments.... Thus, whether racial slurs constitute a hostile work environment typically depends upon the quantity, frequency, and severity of those slurs ... considered cumulatively in order to obtain a realistic view of the work environment...." (Citations omitted; internal quotation marks omitted.) Schwapp v. Avon, 118 F.3d 106, 110-11 (2d Cir.1997).
The evidence of a hostile work environment in the present case is that derogatory comments were made multiple times per week, sometimes several times a day, over a prolonged period of time, despite the plaintiff's repeated complaints to his supervisors. The plaintiff testified that his coworkers constantly yelled slurs in his presence as he worked on the shop floor. The plaintiff meticulously recorded each incident in his diaries, which were admitted into evidence for the jury to consider in reaching its verdict. On the basis of this evidence, we conclude that the trial
Despite the plaintiff's testimony and diary entries, the defendant contends that the evidence was insufficient because the derogatory slurs were not "directed at" the plaintiff. In addressing this claim, we begin by noting that it is proper for us to consider conduct directed toward others in assessing the general work atmosphere; Gorzynski v. JetBlue Airways Corp., supra, 596 F.3d at 102-103; because discriminatory conduct need not be directed at a particular plaintiff in order to support a finding of a hostile work environment.
Regardless, we further conclude that the plaintiff presented sufficient evidence upon which the jury could reasonably have concluded
The defendant also contends that the evidence was insufficient because the derogatory slurs were spoken in languages in which the plaintiff admittedly is not fluent. In support of this claim, the defendant points out that the plaintiff speaks fluent Spanish and English, but "testified that he was called
To begin, we note that the defendant failed to raise this argument before the trial court, either at trial or in its posttrial motions. Putting aside the issue of preservation, the defendant's notion that one must be fluent in a language in order to know that a particular word has a derogatory meaning defies common sense. Certainly, one may learn the meaning of a particular word without mastering an entire language. Furthermore, most of the slurs that the plaintiff heard while working on the defendant's shop floor were in English or Spanish, which the plaintiff does speak fluently. Finally, with respect to the defendant's argument that "pato" means a male duck in Spanish, other courts have noted that English words like "fag" and "faggot" similarly have several uses in the English language: "`Fag' can mean a tuft of grass, a cigarette, or toil. A faggot can be a bundle of sticks, or a spicy meatball." King v. Burris, 588 F.Supp. 1152, 1157 n. 10 (D.Colo. 1984). Nevertheless, those courts have explained that, when one definition of a term predominates, courts may follow the interpretation most reasonable in context. Id. "To suggest otherwise serves only to further tax the gullibility of the credulous and require this court to espouse a naivete' unwarranted under the circumstances." Moricoli v. Schwartz, 46 Ill.App.3d 481, 483, 5 Ill.Dec. 74, 361 N.E.2d 74 (1977). As there are presumably few occasions on which employees would discuss male ducks on the shop floor of an industrial plant such as the defendant's, the argument that the plaintiff's coworkers did not intend to use the word pato in a derogatory way lacks merit.
The defendant's final argument regarding its claim of insufficient evidence to support the jury's verdict is that the plaintiff must not have found the environment hostile, as evidenced by his having chosen to work rather than taking
The defendant's final claim on appeal is that the trial court, in denying the motion to set aside the verdict and the motion for remittitur, abused its discretion by concluding that the $94,500 noneconomic damages award was supported by the evidence and was not excessive. Specifically, the defendant asserts that: (1) the plaintiff produced little, if any, evidence of emotional distress; (2) the $94,500 damages award is tantamount to punitive damages as it is excessive and shocks the court's sense of justice; and (3) the trial court improperly applied Connecticut law in reaching its decision on the motions. The plaintiff responds that his testimony provided sufficient evidence of his damages, the award is not excessive, and the trial court properly applied the law in denying the defendant's motions.
Our analysis of this claim is guided by certain governing principles, which are applicable when reviewing appeals regarding motions to set aside a
Furthermore, "[t]he decision whether to reduce a jury verdict because it is excessive as a matter of law ... rests solely within the discretion of the trial court.... [Consequently], the proper standard of review of a trial court's decision to grant or deny a motion to set aside a verdict as excessive as a matter of law is that of abuse of discretion.... Accordingly, the ruling of the trial court on the motion to set aside the verdict as excessive is entitled to great weight and every reasonable presumption should be given in favor of its correctness." (Citations omitted; internal quotation marks omitted.) Id., at 281-82, 32 A.3d 318.
In the present case, giving every reasonable presumption in favor of the verdict's correctness, we conclude that the trial court did not abuse its discretion when it determined that the plaintiff presented sufficient evidence to support the damages award.
Furthermore, given the sustained nature of the discrimination described by the plaintiff, the severity of the hostility he experienced, and the continued failure of the defendant to remedy the situation, the trial court did not abuse its discretion when it concluded that the award was not excessive or shocking when compared to verdicts awarded under similar circumstances.
Finally, we disagree with the defendant that the trial court misapplied Connecticut law regarding damages when it denied the posttrial motions. Specifically, the defendant argues that the trial court improperly stated that, in Delgado v. Cragganmore Associates Ltd. Partnership, United States District Court, Docket No. 3:01CV1633 (JCH), 2001 WL 1913745 (D.Conn. October 31, 2001), the District Court "held that a prejudgment remedy of approximately $77,000 [per plaintiff] reflecting potential emotional distress damages was not unreasonable for very serious discrimination cases." (Internal quotation marks omitted.) In actuality, the defendant
Contrary to the defendant's claim, we conclude that Delgado actually offers additional support for the damages award in the present case. As the trial court noted in its memorandum of decision denying the defendant's motions, the District Court in Delgado reviewed the amount of damages awarded in analogous discrimination cases and ultimately concluded that serious discrimination cases may in fact warrant damages awards of $77,000, and sometimes even $100,000 or more. In light of the jury's determination in the present case that the plaintiff was subjected to discrimination, which was reinforced by the plaintiff's testimony regarding the frequency and severity of the harassment, we reject the defendant's assertion that the District Court's decision in Delgado supports a reduction in the damages award here.
For the foregoing reasons, we conclude that the trial court did not abuse its discretion when it denied the defendant's posttrial motions.
The judgment of the trial court is affirmed.
In this opinion the other justices concurred.
We note that technical changes not relevant to this appeal were made to § 46a-81c subsequent to the incidents that occurred in this case. See Public Acts 2007, No. 07-245, § 3. For purposes of convenience, we refer to the current revision of the statute.
Similarly, the defendant claims that Nurriddin v. Goldin, 382 F.Supp.2d 79, 108-109 (D.D.C.2005), cert. denied, 552 U.S. 1243, 128 S.Ct. 1473, 170 L.Ed.2d 296 (2008), established that statements directed at third parties are insufficient to demonstrate a hostile work environment. Although the District Court stated in Nurriddin that, "[w]hen racial statements are not made directly to a plaintiff, generally a hostile environment cannot be established"; id., at 108; it reviewed multiple factors in rejecting the plaintiff's claims, including "the frequency, nature, severity and offensiveness of the alleged incidents...." Id., at 109. Accordingly, we conclude that the cases cited by the defendant do not support its broad claim that discriminatory remarks must always be directed at the plaintiff to be actionable.