Originally published on the Employer's Law Blog
The Connecticut Supreme Court recently ruled that employers can
be held liable for failing to protect employees from harassment
based on sexual orientation.
In Patino v. Birken Manufacturing Company, a former Birken
Manufacturing employee brought suit alleging the company failed to
take reasonable steps to prevent his coworkers from harassing him
based on his sexual orientation. Plaintiff Luis Patino alleged that
he was the subject of anti-gay slurs for years while working as a
machinist for Birken.
Connecticut's highest court rejected the defendant's
argument that hostile work environment claims are limited to sexual
harassment claims. Instead, the court held that employees can
recover under state law when discrimination based on sexual
orientation has created a hostile or abusive work environment. The
court noted that Connecticut law protects victims of sexual
orientation discrimination to the same extent it
