It’s not very often that the Connecticut Supreme Court considers employment law issues.

But today, two notable cases are being argued in front of the court. Both could have an impact on employers in the state.         

In Patino v. Birken Manufacturing, the court is being asked to consider whether a hostile work environment harassment claim can be brought under state law (Conn. Gen. Stat. Sec. 46a-81c if you’re keeping track at home). 

The court’s summary of the case is as follows:

The plaintiff, Luis Patino, was employed by the defendant, Birken Manufacturing Company (Birken), as a machinist. Beginning in 1991, some of Patino’s coworkers began calling him derogatory homosexual names. The derogatory words were not spoken to Patino directly but were made in his presence. In 2005, Patino commenced this action, alleging that Birken violated General Statutes § 46a-81c by failing to prevent its employees from creating a hostile work environment for Patino on the basis of his sexual orientation. Section 46a-81c provides in relevant part: “It shall be a discriminatory practice . . . [f]or an employer, by himself or his agent, . . . to discriminate against [an individual] . . . in terms, conditions or privileges of employment because of the individual’s sexual orientation . . . .” (Emphasis added.)

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