Brittell v. Dep’t. of Correction

Here, a former correction officer claimed the Department of Correction created a hostile work environment through an officer’s sexual harassment. Prior to the plaintiff’s employment, she attended a training academy to be a correction officer. One of the plaintiff’s classmates commented that the plaintiff did not date men and that she liked women. The plaintiff warned the classmate to never make such a comment again, but she did not report the comment to a supervisor. Id. at 151. Within a few months after the plaintiff started working, inmates began making sexually obscene comments towards her. As the comments continued and took a threatening nature, i.e.--inmates threatened to assault her to determine her gender, the plaintiff reported the comments. The plaintiff was told by inmates that officers had started a rumor about her that she had a sex change operation, but was not given names. Id. at 151-52. The defendant underwent an investigation and questioned officers. It also warned all employees against sexual harassment. It offered the plaintiff aid through the employee assistance program, which the plaintiff declined. Id. at 153. The defendant continued to monitor and investigate the situation as the comments and harassment continued, and eventually offered to transfer the plaintiff to any institution of her choice within the facility, but the plaintiff declined. Id. at 159. The plaintiff then asked to go on unpaid medical leave, which was granted. The plaintiff then failed to submit the necessary medical documentation and she was considered to have resigned. Id. at 160-61. The plaintiff then sued for sexual harassment creating a hostile work environment and claimed that the defendant failed to adequately investigate and remedy the harassment. The court considered Gen. Stat. §46a-60, which prohibits discriminatory employment practices. The court then looked to federal law for guidance on whether to hold an employer liable for sexual harassment committed by the plaintiff’s co-workers. The court concluded that “once an employer has knowledge of a sexually combative atmosphere in the work-place, he or she has a duty to take reasonable steps to eliminate it.” Id. at 168 (quoting Snell v. Suffolk County, 782 F.2d 1094, 1104 (2d Cir. 1986)). The court noted that an employer’s response will be analyzed in terms of how prompt, appropriate and adequate it was. Id. The court found that the defendant did not only investigate the harassment but also made reasonable efforts to identify the inmates and officers responsible for the rumors, warned all staff that sexual harassment would not be tolerated, provided the plaintiff with access to supervisors to report any incidents to, and offered a transfer to the plaintiff which was in no way onerous, punitive or unreasonable. Id. at 171-72. The court found this was reasonable and the defendant would not be liable.