Zweibelson v. Hartford

The plaintiff, whose prior employment as a police officer with the defendant city of Hartford had been terminated, sought to recover damages from the city for, inter alia, its failure to rehire him as a police officer because of his disability, narcolepsy. The city had posted a job listing seeking applications from nonresidents of Hartford for a police officer position. Applicants were required to apply online and to include with their appli- cations a ''CHIP'' card signifying that they had successfully completed certain physical ability tests required of police officer candidates. The plaintiff, who was not a resident of Hartford, was among fifty-two appli- cants who did not submit a CHIP card with their applications and, thus, was determined by the city to be unqualified for the police officer position. In a two count complaint alleging violations of a provision (§ 46a-60) of the Connecticut Fair Employment Practices Act (§ 46a-51 et seq.), the plaintiff claimed that the city had discriminated against him on the basis of his disability and retaliated against him for having previously brought a lawsuit against the city in connection with the termination of his prior employment as a police officer. The city, which was aware at the time the plaintiff applied for the police officer position that he had been diagnosed with narcolepsy, moved for summary judg- ment, asserting that no genuine issue of material fact existed as to both counts of the plaintiff's complaint and that it was therefore entitled to judgment as a matter of law. The court granted the city's motion, conclud- ing that there was no genuine issue of material fact that the plaintiff had failed to establish a prima facie case of either disability discrimination or retaliation and that, even if he had established a prima facie case as to those claims, summary judgment was warranted on both counts because the city had articulated a legitimate, nondiscriminatory and nonretaliatory reason for its decision not