Insight

Connecticut Court Clarifies Definition of “Supervisor” for Hostile Workplace Complaints

For the first time, a Connecticut Appellate Court addressed the definition of “supervisor” under the Connecticut Fair Employment Practices Act (CFEPA) and found it to be the same as it is under federal law.

Joshua Auxier

Joshua Auxier

October 7, 2024 12:41 PM

In hostile work environment cases, an employer’s liability can hinge on whether the harassing conduct was committed by the plaintiff’s supervisor. For the first time, a Connecticut Appellate Court addressed the definition of “supervisor” under the Connecticut Fair Employment Practices Act (CFEPA) and found it to be the same as it is under federal law. The fact that the court declined to broaden the definition of supervisor is good news for Connecticut employers. But the case serves as an important reminder for employers to review their practices and procedures to ensure their employees are not being subjected to a hostile work environment.

The Case

Tenisha O’Reggio, a Connecticut Department of Labor (DOL) employee, filed a complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO), alleging that she was subjected to a hostile work environment because of her race and color. O’Reggio, who is African American, worked as an adjudicator for the DOL. She contended that the program service coordinator to whom she reported, who is Caucasian, created a hostile workplace by repeatedly making racially biased statements to her and in her presence. In ruling that the employer was not liable, an administrative law judge found that while the program coordinator had created a hostile work environment, the employer had acted reasonably and promptly to correct the situation and therefore was not negligent.

O’Reggio appealed the decision to the Connecticut Superior Court, arguing that the employer must be held strictly liable because the hostile work environment was created by her supervisor. The court sided with the employer, holding that the program service coordinator did not meet the definition of “supervisor” under the U.S. Supreme Court’s 2013 finding in Vance v. Ball State University. The decision was affirmed by the Connecticut Appellate Court.

The Definition of Supervisor

With the O’Reggio case, Connecticut has formally adopted a definition of “supervisor” for CFEPA claims. The court clarified that a supervisor is limited to an employee who has been empowered by the employer to make a significant change in the subordinate’s employment status, which includes actions such as hiring, firing, failing to promote, reassigning the employee to significantly different responsibilities, or significantly altering the employee’s benefits. The court rejected the plaintiff’s argument that the definition should be broadened to include additional employees who have the power to control the day-to-day conditions of their subordinates’ work.

Why the Definition of Supervisor Matters

State and federal laws protect employees and job applicants from employment harassment and discrimination based on many characteristics, including race, color, religion, sex, age, and national origin. A work environment may be found to be hostile when supervisors and coworkers engage in discriminatory conduct related to a protected characteristic that is sufficiently severe or pervasive that it impacts the complaining worker’s employment conditions.

When an employee brings a complaint alleging a hostile workplace, the standard for finding the employer liable is different based on whether the environment was created by the conduct of a supervisor or a coworker. When the employee’s supervisor is responsible, the employer will be held strictly liable unless it can show that it exercised reasonable care to prevent and promptly remedy any harassing behavior and that the plaintiff unreasonably failed to take advantage of any preventive or corrective opportunities that were provided. When a hostile environment is created by the conduct of a coworker, it is more difficult for a plaintiff to show that the employer was liable. In these situations, the plaintiff must demonstrate that the employer was negligent in controlling the working conditions.

The Takeaway for Connecticut Employers

While the court’s decision not to expand the definition of a supervisor is good news for Connecticut employers, this case serves as an important reminder for employers to review their policies and procedures for preventing and responding to complaints of workplace harassment. When a hostile work environment is created by a supervisor, the employer’s only defense is that the employer exercised reasonable care to correct the harassing behavior and that the employee failed to take advantage of corrective opportunities that were provided by the employer.

Employers must train all supervisors in what constitutes harassment and discrimination and ensure that supervisors understand they have a special responsibility to prevent a hostile environment. All employee complaints of harassment or discrimination must be taken seriously and handled with great care. All complaints must be thoroughly and promptly investigated and responded to appropriately. Employees must be made aware of their rights and to whom they can report their complaints when a supervisor is the subject of a complaint. For a complaint against their supervisor, the appropriate person may be a human resources specialist or, for smaller employers, the owner of the company.

Joshua M. Auxier, a partner at FLB Law in Westport, Conn., is a litigator with two decades of experience representing clients in employment law matters. Contact Josh at auxier@flb.law or 203.635.2200. For more information about FLB Law, click here.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background