October 16, 2018
to recover damages for, inter alia, alleged employment
discrimination, and for other relief, brought to the Superior
Court in the judicial district of Hartford, where the court,
Moukawsher, J., granted the defendant's motion
for summary judgment and rendered judgment thereon, from
which the plaintiff appealed to this court.
V. Sabatini, for the appellant (plaintiff).
Christopher A. Klepps, with whom was Christopher L. Brigham,
for the appellee (defendant).
Madeo filed a brief for the Commission on Human Rights and
Opportunities as amicus curiae.
Alvord, Prescott and Bear, Js.
employment discrimination action, the plaintiff, Darlene
Boucher, appeals from the summary judgment rendered by the
trial court in favor of her employer, the defendant, Saint
Francis GI Endoscopy, LLC, on the plaintiffs complaint, which
alleged that her employer retaliated against her when she
complained about being sexually harassed by a coworker. See
General Statutes § 46a-60 (b) (4). On appeal, the
plaintiff claims that the court improperly granted the
defendant's motion for summary judgment because there is
a genuine issue of material fact as to her retaliation
claim. We disagree and, accordingly, affirm the
judgment of the trial court.
record before the court, viewed in the light most favorable
to the plaintiff as the nonmoving party, reveals the
following facts and procedural history. The defendant
employed the plaintiff, beginning in February, 2012, as
apart-time office assistant. She eventually became a
full-time insurance verification specialist. The plaintiffs
immediate supervisor was Kathleen Hull.
than one occasion, Jason Crespo, a coworker of the plaintiff,
made comments to the plaintiff regarding her appearance at
work, including "you look beautiful" and "you
look hot." Crespo also thrusted his hips at the
plaintiff while stating that she was hot. On another
occasion, Crespo hit the plaintiffs torso with a rubber
glove. Crespo also sent the plaintiff a text message
regarding the plaintiffs husband on Easter weekend, although
the plaintiff cannot recall what the text message said and
immediately deleted it. Finally, during August, 2013, Crespo
forced the plaintiff into a utility closet, where he pushed
his body against the plaintiffs and she could feel his penis
through his clothes. At some point, the plaintiff told Crespo
to stop this behavior. The plaintiff did not report
Crespo's conduct to Hull until approximately six months
after the incident in the closet.
morning of January 10, 2014, the plaintiff made a complaint
about Crespo to Hull. Hull and the plaintiff met for about an
hour. The plaintiff told Hull about her interactions with
Crespo, including the incident in the utility closet, the
text message over Easter weekend, and Crespo's comments
about the plaintiffs appearance. January 10, 2014, was a
Friday, and Hull was leaving work early for a weekend
vacation. Hull told the plaintiff that she would interview
all parties and get back to the plaintiff the following
Monday, January 13, 2014. The plaintiff did not expect that
Hull would be interviewing anyone over the weekend.
sent the plaintiff a text message on Sunday, January 12,
2014, in order to ask her more questions about her complaint
and what had transpired. Hull told the plaintiff that she
would speak with Dawn DiPinto, a coworker and friend of the
plaintiff, about the situation. After exchanging text
messages regarding the complaint, the plaintiff requested
that they wait until the following day to discuss the
complaint in further detail. Hull responded, "Wow."
following day, Monday, January 13, 2014, after speaking with
DiPinto, Hull sent the plaintiff an e-mail requesting that
the plaintiff come to her office. Once in her office, Hull
told the plaintiff that she had spoken with DiPinto and that
the plaintiffs story "[did not] add up." Hull then
requested that the plaintiff recount her complaint from the
beginning. Hull also told the plaintiff that she was going to
give her a warning. The plaintiff, however, was not aware of
the nature of the warning, or why she would get a warning. A
warning was never issued.
plaintiff then told Hull that she did not know what else to
say and stood up. Hull asked the plaintiff what she was
doing, asked her to sit down, and asked her if she was
quitting. The plaintiff replied that she was quitting. Hull
asked the plaintiff to sit down again, grabbed her arms, and
said, "Are you sure you want to do this?" The
plaintiff told Hull to get off of her, walked out, and filed
a police report against Hull for assault. Following an
investigation, the police did not arrest Hull. After the