Discrimination Cases

The plaintiff appealed from the trial court's order remanding its administra- tive appeal from the decision of its human rights referee, which concluded that the defendant employer had discriminated against its former employee, M, on the basis of her disability but that M failed to establish that she had been constructively discharged. The plaintiff claimed, inter alia, that the court erred by remanding the matter to the referee without sustaining the appeal. Held: The trial court erred in remanding the matter to the referee for an amended decision while retaining jurisdiction over the appeal because, pursuant to statute (§ 4-183), there was no legal basis for the remand, as there was no ambiguity in the referee's decision that required a clarification or an articulation. The trial court should have dismissed the appeal because there was substan- tial evidence in the record to support the referee's finding that M failed to prove that she was constructively discharged. Argued October 16, 2024—officially released January 7, 2025