Feliciano v. Autozone, Inc.

66 A.3d 911, 142 Conn. App. 756, 28 Am. Disabilities Cas. (BNA) 217, 2013 WL 1963940, 2013 Conn. App. LEXIS 262, 118 Fair Empl. Prac. Cas. (BNA) 580
CourtConnecticut Appellate Court
DecidedMay 21, 2013
DocketAC 34379
StatusPublished
Cited by4 cases

This text of 66 A.3d 911 (Feliciano v. Autozone, Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Feliciano v. Autozone, Inc., 66 A.3d 911, 142 Conn. App. 756, 28 Am. Disabilities Cas. (BNA) 217, 2013 WL 1963940, 2013 Conn. App. LEXIS 262, 118 Fair Empl. Prac. Cas. (BNA) 580 (Colo. Ct. App. 2013).

Opinion

Opinion

FLYNN, J.

The plaintiff, Doris Feliciano, appeals from the trial court’s grant of summary judgment in favor of the defendant, Autozone, Inc., on all five counts of the plaintiffs complaint alleging national origin discrimination, religious discrimination, sexual harassment, disability discrimination and race discrimination in [758]*758violation of the Connecticut Fair Employment Practices Act, General Statutes § 46a-51 et seq., specifically, General Statutes § 46a-60.1 On appeal, the plaintiff claims that the court improperly rendered summary judgment because there existed genuine issues of material fact, which made the rendering of summary judgment inappropriate. We disagree and affirm the judgment of the trial court.

The following undisputed facts and procedural history are relevant to the plaintiffs appeal. The plaintiff is a black female who was bom in the U.S. Virgin Islands and practices the Rastafarian religion.2 As part of her religion, she wears her hair in dreadlocks. The plaintiff was employed by the defendant, first as a sales clerk and later as a supervisor, for a few years before being transferred to the defendant’s Bloomfield location (store). Michael Balboni became the manager of the store in 2005, while the plaintiff was a supervisor there. The defendant had a company wide customer loyalty reward card program in place for purchases made by customers. In May, 2007, the defendant’s automatic loss prevention computer program flagged twenty transactions between April 28 and May 9, 2007, involving the [759]*759same customer loyalty card number. Nineteen of the twenty transactions were listed as being processed under the plaintiffs customer service representative number.

On May 16, 2007, the plaintiff was accused by the defendant of improperly using a customer loyalty reward card for her own use. Patricia Vasquez, a loss prevention specialist, was sent by the defendant to investigate the situation. Vasquez questioned the plaintiff in the presence of Erwin Ballou, a district manager of the defendant. At the interview, the plaintiff admitted that she signed into the cash register and left it signed in under her customer service representative number for other employees to use. The plaintiff further admitted that she was “wrong” for letting other employees work under her customer service representative number. Vasquez forwarded her report, including the plaintiffs statements, to the defendant’s staff attorney, Timothy P. Harrison, in Tennessee. He was not acquainted with the plaintiff. Harrison recommended that the plaintiffs employment be terminated, and Azeem Sikandar, regional manager for the defendant, followed the recommendation by calling for the termination of the plaintiffs employment on the ground that she had violated the defendant’s loss prevention policy. The plaintiffs employment was terminated on May 22, 2007. Additional facts regarding the plaintiffs employment at the store will be set forth as needed.

Following her termination, the plaintiff filed a timely complaint with the Connecticut commission on human rights and opportunities on July 27, 2007, within 180 days of the actions attributed to the defendant, and with the federal Equal Employment Opportunity Commission. The federal Equal Employment Opportunity Commission issued a notice of right to sue on April 7, 2009, and the Connecticut commission on human rights and opportunities released jurisdiction on April 14, [760]*7602009. On April 30, 2009, the plaintiff commenced this action in the trial court pursuant to the Connecticut Fair Employment Practices Act.

The defendant moved for summary judgment on all five counts of the plaintiffs complaint and, following oral argument by counsel, the court issued its memorandum of decision and entered its corresponding judgment on February 10, 2012, rendering summary judgment on all counts in favor of the defendant. This appeal by the plaintiff then followed.

On appeal, the plaintiff claims that the court erroneously rendered summary judgment on all five counts because there were genuine issues of material fact that could not be resolved at the pretrial stage. We will address the five counts of the plaintiffs complaint in three groups. First, we will address the plaintiffs claim of disability discrimination, next we will address the plaintiffs claim of sexual harassment, and last we will address the plaintiffs claims of national origin, religious and race discrimination.

We begin by setting forth our standard of review and the principles that guide our analysis for appeals from the rendering of summary judgment. “Practice Book § 17-49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party. . . . The party moving for summary judgment has the burden of showing the absence of any genuine issue of material fact and that the party is, therefore, entitled to judgment as a matter of law. ” (Internal quotation marks omitted.) Rivers v. New Britain, 288 Conn. 1, 10, 950 A.2d 1247 (2008).

[761]*761“A material fact is a fact that will make a difference in the result of the case. ... It is not enough for the moving party merely to assert the absence of any disputed factual issue; the moving party is required to bring forward . . . evidentiary facts, or substantial evidence outside the pleadings to show the absence of any material dispute. . . . The party opposing summary judgment must present a factual predicate for his argument to raise a genuine issue of fact. . . . Once raised, if it is not conclusively refuted by the moving party, a genuine issue of fact exists, and summary judgment is inappropriate.” (Internal quotation marks omitted.) Vollemans v. Wallingford, 103 Conn. App. 188, 193, 928 A.2d 586 (2007), aff'd, 289 Conn. 57, 956 A.2d 579 (2008). “On appeal, we must determine whether the legal conclusions reached by the trial court are legally and logically correct and whether they find support in the facts set out in the memorandum of decision of the trial court. . . . Our review of the trial court’s decision to grant [a] defendant’s motion for summary judgment is plenary.” (Internal quotation marks omitted.) Rivers v. New Britain, supra, 288 Conn. 10.

I

We first address the plaintiffs claim of disability discrimination. The following additional facts are relevant to this claim. In the plaintiffs complaint, she alleges that she injured her back, knee and foot during the second half of 2006. Specifically, the plaintiff claims that she suffers from chronic swelling in her left foot due to a work-related injury. The plaintiff further alleges that in late January or early February, 2007, she gave the defendant a doctor’s note requesting a light duty accommodation because of her alleged physical disability, but Balboni denied her request. The plaintiff also claims that a coworker with a pacemaker was provided with a light duty accommodation.

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Related

Agosto v. Premier Maintenance, Inc.
197 A.3d 938 (Connecticut Appellate Court, 2018)
Martinez v. Premier Maintenance, Inc.
197 A.3d 919 (Connecticut Appellate Court, 2018)
Feliciano v. Autozone, Inc.
Supreme Court of Connecticut, 2015

Cite This Page — Counsel Stack

Bluebook (online)
66 A.3d 911, 142 Conn. App. 756, 28 Am. Disabilities Cas. (BNA) 217, 2013 WL 1963940, 2013 Conn. App. LEXIS 262, 118 Fair Empl. Prac. Cas. (BNA) 580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feliciano-v-autozone-inc-connappct-2013.