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CONNECTICUT OPINIONS JUNE 28, 2021 ■ 27
the arbitrator erred in interpreting the contract. A healthcare system, that was sued for disability
Plaintiff also sought to vacate the award because discrimination and failure to accommodate,
it was not represented by counsel at the arbitra- failed to show that there were no genuine is-
tion. However, the court found that the parties sues of material fact to justify summary judg-
voluntarily went to arbitration without counsel, ment. In 2011, the plaintiff began working for
and there is no Connecticut authority establishing Hartford Healthcare Corporation as a case
that an award should be vacated if there is no legal manager at Natchaug hospital, and in 2017,
representation at arbitration. The court denied she transferred to a new position at defendant’s
plaintiff’s application to vacate, modify, or correct Rushford Center’s location. In 2018, plaintiff
the arbitration decision. was informed that her position was being elimi-
nated and she was terminated. Plaintiff argued
EMPLOYMENT COMPLIANCE • that the termination was pretextual because
DISPUTE RESOLUTION of a medical condition that required that she
have periodic absences from her employment;
plaintiff received Family and Medical Act in-
Arbitration Award Reinstating Police termittent leave. After defendants moved for
Officer Who Used Racist Slur Vacated summary judgment, the court denied the mo-
tion, finding that the defendants failed to show
CASE: City of Hartford v. Hartford Police Union
COURT: Hartford J.D. at Hartford there were no genuine issues of material fact as
DOC. NO.: CV-19-6112729 to the reasons for the termination.
COURT OPINION BY: Budzik
DATE: June 02, 2021 • PAGES: 10 LANDLORD TENANT LAW
A Hartford police officer who was arrested for
driving while intoxicated and interfering with po- Court Denies Summary Judgment in
lice used a racial slur when he was arrested. Dur-
ing arbitration, the officer was reinstated; how- Wrongful Eviction Action
ever, the court vacated the arbitration award. A CASE: Weitz v. Housing Auth. of the Town of Greenwich
key reason that the award was vacated is because COURT: Stamford/Norwalk J.D. at Stamford
it violated the Cintron consent decree, where the DOC. NO.: CV-17-5016622
Hartford Police Department adopted a racial ep- COURT OPINION BY: Genuario
ithet bulletin where officers were prohibited from DATE: June 08, 2021 • PAGES: 8
using various racial slurs, including the one that Defendant in the present action, Greenwich
the officer used. Defendant moved for reconsid- Housing Authority, acted as plaintiff in a sum-
eration of the ruling, arguing that the consent de- mary process action against plaintiff Weitz, as
cree’s statement was mere observation of histori- tenant, seeking to regain possession of the resi-
cal fact. The court pointed out various instances, dential premises rented by Weitz for noncompli-
such as civilian complaint procedures, where de- ance with the lease. Housing Authority secured
fendant had appealed to Cintron. Because those a default judgment on the summary process ac-
were not instances of observation of historical tion and Weitz’s appeal was dismissed. Weitz
fact, the court interpreted defendant’s intent to was served notice of foreclosure and vacated the
incorporate the provisions of those policies by premises shortly thereafter. Subsequently, the
reference to the consent decree and, thus, make dismissal of the appeal was set aside, the appeal
them enforceable. Therefore, the motion for re- was heard on the merits, and the appellate court
consideration was denied. ordered the housing court to set aside the default
judgment, however because plaintiff Weitz had
EMPLOYMENT LITIGATION already vacated the property no further action
took place. Weitz then brought the present ac-
Employer Fails to Get Employee tion, sounding in emotional distress and wrong-
ful eviction, and the Housing Authority moved
Discrimination Case Dismissed for summary judgment. The Housing Authority
CASE: Diaz v. Hartford Healthcare Corp. argued there was no evidence of intent, and that
COURT: New London J.D. at New London plaintiff should have brought a claim pursuant
DOC. NO.: CV 19-6039282 to General Statute §47a-43 for entry and detainer
COURT OPINION BY: Knox rather than common law wrongful eviction. The
DATE: June 09, 2021 • PAGES: 9 court noted that the Housing Authority acted to
CONNECTICUT
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