Chicatell v. Administrator, Unemployment Compensation Act

The plaintiff appealed from the trial court's judgment granting the defen- dants' motions to dismiss her retaliatory discharge action, which alleged a violation of the whistleblower statute (§ 31-51m). The plaintiff, while employed at a pizza restaurant owned by the defendant S Co. and managed by the defendant L, submitted a complaint to the local health district reporting unsanitary conditions at the restaurant. The day after a health inspector visited the restaurant and disclosed that the plaintiff had made the complaint, the defendants terminated her employment. The plaintiff claimed that the trial court erred in determining that it lacked subject matter jurisdiction on the ground that she had failed to exhaust administrative remedies available through the Department of Labor, as required by § 31-51m (c). Held: The trial court improperly granted the defendants' motions to dismiss the plaintiff's retaliatory discharge action on the ground that it lacked subject matter jurisdiction, as the plaintiff's action focused on her employer's con- duct in terminating her employment following her complaint to the health district, the substance of which related to public health, not occupational safety or health. Argued September 9—officially released December 16, 2025

The plaintiff appealed from the trial court's judgment granting the defendant town's motion for summary judgment on her complaint alleging, inter alia, pregnancy discrimination. She claimed that the court erred in its determina- tion that there were no genuine issues of material fact as to her claims. Held: The trial court improperly rendered summary judgment for the defendant on the plaintiff's claim of pregnancy discrimination, as the plaintiff presented sufficient evidence in opposition to the defendant's motion for summary judgment to create a genuine issue of material fact as to whether she suffered adverse employment actions when the defendant failed to reinstate her to her original job or an equivalent one and when it failed to promote her following her return from maternity leave, and a rational fact finder could conclude, on the basis of the evidence presented, including the timing and sequence of the alleged adverse employment actions, that the plaintiff pre- sented evidence sufficient to establish a prima facie case of pregnancy discrimination and that the defendant's stated reasons for its actions were a pretext for its unlawful discrimination; accordingly, this court remanded the case for further proceedings on that claim. This court declined to review the plaintiff's claim that the trial court erred in determining that there were no genuine issues of material fact that she was subjected to gender discrimination and in granting the defendant's motion for summary judgment with respect to that claim, as the claim was inadequately briefed. Argued October 15, 2024—officially released November 11, 2025