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Walczak v. Pratt & Whitney

United States District Court, D. Connecticut

January 9, 2019

RYSZARD WALCZAK, Plaintiff,
v.
PRATT & WHITNEY, Defendant.

          RULING AND ORDER ON MOTION TO STRIKE

          VICTOR A. BOLDEN UNITED STATES DISTRICT JUDGE.

         Ryszard Walczak (“Plaintiff”), proceeding pro se, filed an employment discrimination claim against Pratt & Whitney (“Defendant”) under Conn. Gen. Stat. § 46a-60(a)(1) and § 46-58(a), 42 U.S.C. § 2000e-2, and Section 704(a) of the Civil Rights Act of 1964. Pratt & Whitney moved to strike paragraph 43 of Mr. Walczak's Complaint.

         For the following reasons, the Court GRANTS Pratt & Whitney's motion to strike.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Factual Allegations

         Mr. Walczak alleges that workplace bullying began in 2011 when he made comments about the tenth anniversary of the September 11, 2001 terrorist attacks. ECF No. 1, at ¶¶ 13-15. Mr. Walczak claims that before this date he was never disciplined. Id. at ¶ 12.

         Over the course of his remaining time at Pratt & Whitney, Mr. Walczak claims that he was bullied and intimidated by his co-workers. Id. at ¶¶ 18-21, 24. Mr. Walczak contends that he filed more than twenty complaints related to the harassment and offered to transfer both work locations and shifts to avoid mistreatment. Id. at ¶¶ 22, 23. Mr. Walczak states that one month prior to his termination a human resources employee threatened him with disciplinary action if he filed any more complaints. Id. at ¶ 26.

         On April 11, 2016, Pratt & Whitney allegedly suspended Mr. Walczak, pending an investigation of an alleged threat he made to a female co-worker. Id. at ¶ 25. Mr. Walczak believes that the allegation was fabricated. Id.

         On April 19, 2016, Pratt & Whitney terminated Mr. Walczak. Id. at ¶ 6. In May 2016, his union filed a grievance on behalf of Mr. Walczak, which went to arbitration. Id. at ¶¶ 29, 30.

         In April 2016, Mr. Walczak also filed complaints to the Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities based on retaliation and discrimination related to gender and national origin. Id.at ¶ 45. Both agencies dismissed Mr. Walczak's claims. Id. at ¶¶ 46, 48.

         On January 26, 2017, the arbitrator ruled against Mr. Walczak. Id. at ¶ 44.

         B. Procedural History

         On April 4, 2018, Mr. Walczak filed a Complaint. ECF No. 1. On June 5, 2018, Pratt & Whitney answered the Complaint and moved to strike Paragraph 43 from the Complaint. ECF Nos. 13, 14.

         On June 23, 2018, Mr. Walczak objected to the Defendant's motion to strike ...


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