Connecticut
How Faragher v. Boca Raton applies in Connecticut: state-specific rules, key cases, and bar exam notes for Labor Law.
Connecticut law follows the principles established in Faragher v. Boca Raton, extending liability to employers for sexual harassment perpetrated by employees in a supervisory role. Connecticut emphasizes a proactive approach, requiring employers to implement effective anti-harassment policies and training.
Employers in Connecticut are liable for sexual harassment in the workplace under General Statutes § 46a-60, provided the harassment is severe or pervasive and affects the terms and conditions of employment.
The court found the employer liable for quid pro quo sexual harassment after a supervisor conditioned promotions on sexual favors.
The court upheld the employer’s liability under state law for failing to address sexual harassment complaints, citing ineffective policies.
The court ruled against the employer, emphasizing a failure to create a harassment-free workplace environment despite having policies in place.
While the federal standard under Title VII establishes employer liability based on the 'Faragher/Ellerth' defense, Connecticut law goes further by mandating specific training and reporting procedures for employers. Moreover, the threshold for 'severe or pervasive' conduct is sometimes interpreted more expansively in Connecticut.
Students should be familiar with Connecticut’s specific statutes and case law related to sexual harassment, as these may appear in both essay questions and multiple-choice formats on the bar exam.