Veeder-Root Co. v. Commission on Human Rights & Opportunities

334 A.2d 443, 165 Conn. 318, 1973 Conn. LEXIS 741, 6 Empl. Prac. Dec. (CCH) 8958, 6 Fair Empl. Prac. Cas. (BNA) 186
Supreme Court of Connecticut·Decided July 18, 1973·Published·Cited by 24 cases

Opinions

MacDonald, J.

This is an appeal from a judgment rendered by Hon. Howard W. Alcorn, a state referee, exercising the powers of the Superior Court, which judgment modified an order of a hearing tribunal designated by the Connecticut commission on human rights and opportunities, hereinafter called the commission. The relevant procedural background is set out in detail in the memorandum of decision filed by the referee acting as a court, and may be briefly summarized.

On February 26, 1969, Hilda G. Moe filed with the commission a complaint against her employer, the plaintiff, the Veeder-Boot Company, pursuant to the provisions of § 31-127 of the General Statutes, as amended. Because of the importance of its procedural details and the difficulty of deleting any substantial portions thereof as irrelevant, the entire [320] statute as it appears in the 1969 Supplement to the General Statutes is set forth in the footnote.1 For [321] similar reasons, the complaint itself is set forth in full below2 and, as may be observed, concludes with [322] the assertion by Mrs. Moe that “I feel I am being discriminated against because of my sex (female).”

On December 19, 1969, following an investigator’s report that there was a reasonable ground for complaint in accordance with the investigatory procedure prescribed by § 31-127, the defendant notified the plaintiff to appear for a hearing on the complaint on January 20, 1970. On December 30, 1969, the plaintiff filed an answer denying “any violation of Section 31-126, subsection (a), of Chapter 563 of the General Statutes of Connecticut as amended with respect to Complainant Hilda G. Moe.” At intervals between January 20, 1970, and December 1, 1970, also in accordance with the procedural requirements of § 31-127, hearings were held before a hearing tri[323] bunal of three members appointed by the chairman of the commission. On May 18,1971, the hearing tribunal filed its decision and order which directed the plaintiff (1) to cease and desist from maintaining the discriminatory job and classification system in effect in its department 99, to remove all of the consequences of its discriminatory acts including but not limited to abolishing any distinction between the classification of assembler A and assembler B, or any successor classification, and to abolish the job description system, the color coding system or any other system that classifies assemblers on the basis of sex in department 99; (2) to cease and desist from discriminaterily applying any discriminatory job and classification to the complainant Hilda Moe; (3) to cease and desist from paying Hilda Moe as an A assembler less than thé B assembler rate as long as the work is substantially the same and notwithstanding any new job classification under a new collective bargaining contract; and (4) to pay Hilda Moe the difference between the A assembler and the B assembler pay rate from October 1, 1967, to and including the date of payment.

On May 28, 1971, the plaintiff appealed to the Superior Court from the hearing tribunal’s order challenging, inter alia, the scope of the tribunal’s order, and on July 29, 1971, the defendant filed an answer and a counterclaim requesting an order of the Superior Court to enforce the order of the tribunal. On August 31, 1971, the defendant certified the record of the hearings to the court, and on October 5, 1971, the issues on the appeal were closed by the filing of the plaintiff’s reply to the defendant’s counterclaim. The reply, in essence, again challenged the scope of the tribunal’s order. [324] By stipulation of the parties the matter was referred to the Hon. Howard W. Alcorn, a state referee, and, as required by § 31-128, the issues were heard by him acting as a court on the record certified by the defendant. Various issues were presented to and decided by the referee acting as a court, only a few of which have been assigned as error to this court. On April 17,1972, the court filed a lengthy memorandum of decision and judgment was rendered modifying the order of the tribunal to read as follows: “Veeder-Root Company, a division of Veeder Industries, Inc. is ordered: (1) to cease and desist from discriminating against Hilda Moe in compensation because of her sex; (2) to pay Hilda Moe a sum which, in toto, shall be the difference between the hourly wage which she has received as an Assembler A or equivalent classification in Department 99 and the hourly wage allotted to employees classified as Assembler B or equivalent classification in Department 99 from January 22, 1969 to the date of payment; (3) thereafter, and so long as Hilda Moe performs the duties which she was performing on January 22,1969, to classify and pay her as an Assembler B or equivalent classification in Department 99.” Thereafter, the commission appealed to this court from the judgment rendered in accordance with the order of modification.

In this appeal the commission claims that the state referee erred (1) in setting aside in its entirety paragraph 1 of the order of the hearing tribunal, or alternatively, in failing to modify the order to cure any formal defects or to remand the matter to the hearing tribunal for this purpose; (2) in limiting paragraph 4 of the order to payment to the complainant Hilda Moe of the higher wage rate from [325] January 22, 1969, to the date of payment instead of from October 1, 1967, the effective date of the inclusion of sex discrimination in § 31-126 of the General Statutes, as amended, to the date of payment; and (3) in denying in part the relief sought by the defendant in its counterclaim.

We deal first with the claim that the court erred in setting aside paragraph 1 of the order of the tribunal, but for a proper understanding of this issue at the outset we set out the undisputed facts regarding Hilda Moe’s employment as presented by the court from the record:

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Veeder-Root Co. v. Commission on Human Rights & Opportunities, 334 A.2d 443, 165 Conn. 318, 1973 Conn. LEXIS 741, 6 Empl. Prac. Dec. (CCH) 8958, 6 Fair Empl. Prac. Cas. (BNA) 186 (Colo. 1973).

334 A.2d 443 (Veeder-Root Co. v. Commission on Human Rights & Opportunities) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Veeder-Root Co. v. Commission on Human Rights & Opportunities
334 A.2d 443 (Supreme Court of Connecticut, 1973)