United Technologies Corp./Pratt & Whitney Aircraft Division v. Commission on Human Rights & Opportunities

804 A.2d 1033, 72 Conn. App. 212, 2002 Conn. App. LEXIS 474
CourtConnecticut Appellate Court
DecidedSeptember 10, 2002
DocketAC 21740
StatusPublished
Cited by11 cases

This text of 804 A.2d 1033 (United Technologies Corp./Pratt & Whitney Aircraft Division v. Commission on Human Rights & Opportunities) 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
United Technologies Corp./Pratt & Whitney Aircraft Division v. Commission on Human Rights & Opportunities, 804 A.2d 1033, 72 Conn. App. 212, 2002 Conn. App. LEXIS 474 (Colo. Ct. App. 2002).

Opinion

Opinion

MIHALAKOS, J.

In this gender discrimination case, the plaintiff employer, United Technologies Coiporation, Pratt and Whitney Aircraft Division (Pratt & Whitney), appeals from the judgment of the trial court, which dismissed Pratt & Whitney’s administrative appeal from an order and award by a hearing officer for the defendant commission on human rights and opportunities (commission) in favor of the defendant employee, Gale Nestor. On appeal, Pratt & Whitney claims that the court improperly (1) affirmed the commission’s clearly erroneous factual findings, and (2) concluded (a) that substantial evidence demonstrated that Nestor and a male coworker were similarly situated, (b) that the commission properly admitted and relied on evidence of past discrimination, (c) that sufficient evidence existed to show gender discrimination and (d) that the decision should be affirmed despite the lack of discriminatory intent or motive on the part of Pratt & Whitney or any of its employees. We affirm the judgment of the trial court.

The relevant facts of this matter, as found by the commission’s hearing officer and later adopted by the court, may be summarized as follows. In November, 1973, Pratt & Whitney hired Nestor to work in its East [215]*215Hartford facility as an engine lathe operator, labor grade eight. During the course of the next decade, Nestor received three promotions and became one of sixteen tool inspectors B, labor grade four. In 1984 and 1985, fourteen male inspectors were promoted, leaving behind only one male inspector who was out of work on a disability leave and Nestor, despite the fact that she demonstrated or exceeded the requisite fitness, ability and seniority necessary for promotion. In 1991, a job reclassification “promoted” Nestor, but left her at effectively the same level in relation to the inspectors from her original group.

Nestor first met an employee named Benjamin L. Elmore in 1979. In 1988, they were assigned to work in the same area. In 1990, Nestor began to have problems with Elmore because he frequently made comments about her body, rear end, breasts and bra. That year, Nestor reported three incidents in which Elmore had directed lewd gestures and comments toward her. Realizing that the problems between her and Elmore were known commonly, Nestor sought a transfer both within and outside of her assigned department. Nestor’s requests were ignored until her supervisor, Joseph E. Bums, Jr., told her he would implement a transfer if she accepted a demotion. Nestor declined.

At work, Burns treated women differently from men. Generally, he would not engage in casual conversation with female employees, but would do so with male employees. Bums would assign work to female employees, but would not discuss it with them even when problems arose. Moreover, Bums’ attitude toward women was typical at Pratt & Whitney, in which a “male atmosphere” was pervasive. For example, Bums ignored Nestor’s gender discrimination complaints because he did not view them as such. He also observed dirty jokes and lewd pictures circulated around the [216]*216department. In fact, most males at Pratt & Whitney had a standard practice of circulating those items.

On July 27,1992, another incident took place between Nestor and Elmore in front of the department’s time clock. At 11:45 p.m. that night, Nestor left her station to punch out her work for the night. When she arrived at the time clock, Elmore and another employee, Richard W. Grous, were socializing. Elmore was searching for his job card in the card racks next to the time clock. At the same time, Grous was attempting to punch his card at the time clock. Nestor stood behind Grous and waited for him to complete his transaction. When Grous finished and walked away from the time clock, Elmore was still searching for his card. It was not uncommon for one employee to punch out while another was preparing to do so. Seeing that Elmore was not yet prepared, Nestor approached the time clock and began punching out.

When Elmore noticed Nestor at the clock, he said, “[0]h, no you don’t,” and approached the clock. He then reached across the front of Nestor, pushed up against her and pushed her hand away from the clock, which effectively prevented her from punching out. Elmore continued to push against Nestor as she tried to reach the clock, again blocking her hand from swiping her card. Elmore also pushed the “cancel” button on the clock, which canceled Nestor’s transaction. Elmore repeated that behavior and kept his finger on the “cancel” button. Nestor tried to push his finger away from the button.

Nestor held her ground as Elmore continued to press his body against her and tried to push himself between her and the clock. Nestor felt offended and uncomfortable with the close contact, which included Elmore pressing his torso against her body and pressing against her chest. Nestor shouted, “[G]et away, you pervert. [217]*217Get off me, you pervert.” Elmore stepped back, but then reinitiated the pushing with even more contact than before. Grous, who was still nearby, saw Elmore and Nestor pushing against each other. He heard Nestor say, “watch where you’re touching.” Grous then reported the ongoing incident to Bums.

Meanwhile, Nestor yelled again at Elmore, but he did not move away. Nestor used her elbow and kicked her leg behind her to try to break off the physical contact with Elmore. After Grous reported the incident, Bums observed Elmore and Nestor trying to get to the time clock at the same time. From the time clock, Nestor looked up toward Bums’ office and saw him, but realized that he could not fully see the time clock area. Bums then went to the time clock, and Elmore broke off physical contact with Nestor and moved to one side.

Bums stood in front of the time clock and told Nestor, “Stop it. It’s not worth losing your job over. You’re acting like kids.” When Nestor pointed out that Bums was addressing only her, Bums stepped back and included Elmore in the discussion. Bums then sent Nestor and Elmore to his office. Later, he sent Nestor and then Elmore to punch out. Bums then wrote a letter about the incident to his manager, Martin R. Bern.

The next day, Bums discussed the matter with Bern, and Nestor was transferred to another section of the department the following day. Elmore remained in his position for about one day but then also was transferred. After the transfer, Nestor tried to tell Bums that she only was defending herself during the incident, but he refused to talk to her. Nevertheless, Bums willingly spoke about the incident with Elmore. Elmore claimed that he was not defending himself but was simply preventing Nestor from clocking out before him.

An internal investigation followed in which numerous statements were taken from various employees who [218]*218witnessed or were involved in the incident. The investigation was riddled, however, with faulty procedures such as not properly recording the substance of what witnesses told investigators despite being advised by witnesses that this was the case. Investigators also would not allow employees to draft their own statements. A report based on the investigation was issued to Bums and Berr, who met to review it. Although Bums did not know who started the incident, he and Berr decided that Nestor had been fighting, which was against Pratt & Whitney’s rules, and that she had been the aggressor. Bums offered no defense for Nestor when asked for one by Berr and recommended to Berr that her employment be terminated.

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Cite This Page — Counsel Stack

Bluebook (online)
804 A.2d 1033, 72 Conn. App. 212, 2002 Conn. App. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-technologies-corppratt-whitney-aircraft-division-v-commission-connappct-2002.