Tomick v. United Parcel Service, Inc.
Tomick v. United Parcel Service, Inc.
Opinion
**472 In this certified appeal, we consider whether General Statutes § 46a-104 1 provides for an award of statutory punitive damages as a remedy for discriminatory practices under the Connecticut Fair Employment Practices Act (act), General Statutes § 46a-51 et seq. The plaintiff, Michael Tomick, appeals, upon our grant of his petition for certification, 2 from the judgment of the Appellate Court affirming the trial court's decision to set aside a jury award of $500,000 in statutory punitive damages against the defendant United Parcel Service, Inc. 3
**473
Tomick
v.
United Parcel
Service, Inc.
,
The record and the Appellate Court opinion reveal the following facts and procedural history. The plaintiff had been employed by the defendant as a driver. After the defendant terminated the plaintiff's employment,
4
the plaintiff filed a seven count complaint against the defendant alleging, inter alia, disability discrimination in violation of
*618
General Statutes § 46a-60 (a) (1).
5
Id. at 320,
Both parties appealed from the judgment of the trial court. See generally
Tomick
v.
United Parcel Service, Inc.
,
On appeal, the plaintiff claims that § 46a-104 is plain and unambiguous, because the phrase "legal and equitable relief," as modified by the phrase "including, but not limited to," authorizes all forms of legal and equitable relief, including punitive damages. The plaintiff further contends that the legislature included language that specifically precludes punitive damage awards in other statutes, which undercuts the Appellate Court's conclusion that the legislature intended not to allow awards of punitive damages pursuant to § 46a-104, which is silent on that point. With respect to
Ames
v.
Commissioner of Motor Vehicles
, supra,
In response, the defendant relies on
Ames
v.
Commissioner of Motor Vehicles
, supra,
The issue of whether § 46a-104 allows an award of punitive damages as a remedy presents a question of statutory construction over which we exercise plenary review.
11
Gonzalez
v.
O & G Industries, Inc.
,
In accordance with § 1-2z, we begin our analysis with the text of the statute. Section 46a-104 provides the following: "The court may grant a complainant in an action brought in accordance with section 46a-100 such legal and equitable relief which it deems appropriate including, but not limited to , temporary or permanent injunctive relief, attorney's fees and court costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant." (Emphasis added.) Although the defendant *621 agrees that this language is expansive, it argues that the phrase "including, but not limited to" does not implicitly include relief for which express authorization otherwise is required. The plaintiff, however, contends that the term "legal ... relief" includes punitive damages, and so textually, § 46a-104 provides for punitive damages. We conclude that both interpretations are plausible, rendering § 46a-104 ambiguous.
Neither § 46a-104, the act, nor related human rights statutes define either term as used in § 46a-104. General Statutes § 1-1 (a) provides in relevant part: "In the construction of the statutes ... technical words and phrases, and such as have acquired a peculiar and appropriate meaning in the law, shall be construed and understood accordingly." As such, we look to the common law to define the terms. See
Pacific Ins. Co., Ltd.
v.
Champion Steel, LLC
,
Reading the phrase "including, but not limited to," as expansive; see
Lusa
v.
Grunberg
,
We next consider case law with respect to statutory interpretation concerning statutory punitive damage awards in Connecticut, beginning with our decision in
Ames
v.
Commissioner of Motor Vehicles
, supra,
First, as to the award for attorney's fees, we held that attorney's fees were not compensable under § 14-52, because allowing such damages would be in derogation of the common-law American Rule that, absent a contractual or statutory exception, attorney's fees are not allowed to the successful party. Id. at 532-33,
**481
Accordingly, as with attorney's fees, we require explicit statutory language to support an award of punitive damages. Put simply, just as the legislature knows how to authorize an award of attorney's fees when it wishes to do so ... it also knows how to authorize an award of punitive damages." (Citations omitted.)
Ames
v.
Commissioner of Motor Vehicles
, supra,
In applying the statutory interpretation approach utilized in Ames , we note that on its face, § 46a-104 does not expressly authorize an award of punitive damages, but rather, authorizes "legal and equitable relief ...." 13 To construe this language as encompassing punitive damages without expressly stating as much, as the plaintiff advocates, would be inconsistent with our approach to the statutory construction within Ames , in which we required, at least as a default rule, express statutory authorization for statutory punitive damages as a form of relief. 14
*623 Further, there is no extratextual evidence that would cause us to consider departing from the approach to **482 statutory interpretation embodied in Ames . With respect to the legislative intent, the plaintiff contends that, because the act is the state counterpart to Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq., § 46a-104 is remedial in nature, and as such, punitive damages are allowable to further the act's broader purpose of ending discrimination; however, a review of the legislative history behind § 46a-104 reveals no legislative intent to allow for punitive damages as a remedy for employment discrimination. Rather, the stated intent of the provision was to help alleviate the backlog of cases at the commission. See 34 H.R. Proc., Pt. 23, 1991 Sess., p. 8909, remarks of Representative Joseph Adamo ("[T]he commission is very much backed up and has thousands of cases pending before it. What this basically does is if there's a case that needs-someone feels should have immediate action, it would give them the opportunity [to] seek a release from the [commission] and go directly to the court for the appropriate action."). Thus, it appears that the legislature deemed the remedies expressly authorized in the act, including back pay, compensatory damages, attorney's fees, and costs, to be sufficient to carry out its remedial purpose. 15
Reading § 46a-104 in conjunction with related human rights statutes further supports declining to imply authority to award punitive damages in this case. Specifically,
**483
the legislature expressly authorized punitive damages in other human rights statutes, but did not do so within § 46a-104, and, thus, reading § 46a-104 to allow punitive damages despite the fact that it does not explicitly authorize such damages would render those express authorizations for punitive damages superfluous. "It is a basic tenet of statutory construction that the legislature [does] not intend to enact meaningless provisions.... Because [e]very word and phrase [of a statute] is presumed to have meaning ... [a statute] must be construed, if possible, such that no clause, sentence or word is superfluous, void or insignificant." (Internal quotation marks omitted.)
Neighborhood Assn., Inc.
v.
Limberger
,
We acknowledge the plaintiff's argument that the legislature did not expressly exclude punitive damages in the act or in related human rights statutes, including § 46a-104. 18 The other statutes upon *625 which the plaintiff **485 relies are inconsistent with those more closely related to § 46a-104. Thus, in the human rights context, the legislature expressly authorized punitive damages when it intended for that type of relief to be afforded. To read § 46a-104 to allow for awards of punitive damages when the statute does not expressly authorize those damages would be inconsistent with the rest of the act and related statutes.
Finally, the plaintiff's reliance on Title VII and other federal laws is unavailing. We have recognized that our legislature intended, in general, to make the act complement the provisions of Title VII. See, e.g.,
Commission on Human Rights & Opportunities
v.
Echo Hose Ambulance
,
Accordingly, in light of
Ames
v.
Commissioner of Motor Vehicles
, supra,
The judgment of the Appellate Court is affirmed.
*626 In this opinion ROGERS, C.J., and ZARELLA and EVELEIGH, Js., concurred.
PALMER, J., with whom McDONALD, J., joins, dissenting.
I respectfully disagree with the majority's conclusion
**487
that General Statutes § 46a-104
1
does not authorize an award of statutory punitive damages as a remedy for discriminatory practices under the Connecticut Fair Employment Practices Act (act), General Statutes § 46a-51 et seq. Guided by the well established principles under which we construe the act, including affording it a liberal construction in favor of employees and reading it consistently with federal employment discrimination laws, in particular, Title VII of the Civil Rights Act of 1964, as amended by Title VII of the Civil Rights Act of 1991, 42 U.S.C. § 2000e et seq. (2012), I believe that reading § 46a-104 to authorize punitive damages in appropriate cases is the better construction because it would further the purposes of the act by deterring particularly severe cases of discriminatory conduct in the workplace. Moreover, those portions of this court's decision in
Ames
v.
Commissioner of Motor Vehicles
,
As the majority acknowledges, at least as a starting point, the term "legal relief" means damages, and, in the absence of further qualification or evidence of a contrary legislative intent, has been "commonly understood to include compensatory and punitive damages."
Travis
v.
Gary Community Mental Health Center, Inc
.,
The majority also acknowledges that the legislature's use of the phrase "including, but not limited to," which precedes the list of remedies in § 46a-104, reflects an intent to be expansive with respect to the judicial relief available for employment discrimination. This is because the "word 'includes' is a term of expansion," and the "phrase 'but shall not be limited to,' when 'coupled
**490
with the enumeration of specific or illustrative acts of ... conduct,' " evinces the legislature's intent that the statute include "a wide range" of remedial options, with those listed in the statute being illustrative rather than exclusive.
Scholastic Book Clubs, Inc
. v.
Commissioner of Revenue Services
,
Particularly illustrative of the breadth we attribute to this language is
Commission on Human Rights & Opportunities
v.
Board of Education
,
Insofar as I agree with the majority that there are two plausible readings of § 46a-104, thereby rendering it ambiguous with respect to the authorization of punitive damages, I look to extratextual sources as an aid to understanding the meaning of the statute. As the majority observes, the available legislative history is silent on the question before us, but, in contrast to the majority, I do not deem that silence dispositive evidence that "the
**492
legislature deemed the remedies expressly authorized in the act, including back pay, compensatory damages, attorney's fees, and costs, to be sufficient to carry out its remedial purpose." Text accompanying footnote 15 of the majority opinion. I do agree with the majority that a comparison of § 46a-104 to related statutes is instructive in divining the legislature's intent, although I am persuaded by the arguments of the commission, as amicus curiae, to focus specifically on a comparison with General Statutes
*629
(Supp. 2016) § 46a-86 (b).
3
As distinguished from § 46a-104, which governs the remedies available to a court upon a finding of employment discrimination, General Statutes (Supp. 2016) § 46a-86 (b) governs the commission's remedial authority upon a finding of employment discrimination. In contrast to the breadth of § 46a-104, General Statutes (Supp. 2016) § 46a-86 (b) authorizes the commission only to supplement orders of hiring or reinstatement with up to two years of back pay, subject to adjustment for "[i]nterim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded ...." General Statutes (Supp. 2016) § 46a-86 (b). Section 46a-104, however, imposes far fewer constraints on a court's authority to fashion a financial remedy for discrimination.
**493
This, of course, suggests that the legislature is well aware of how to cabin a tribunal's remedial authority in cases of employment discrimination when it desires to do so. See, e.g.,
Bridgeport Hospital
v.
Commission on Human Rights & Opportunities
,
Other well established principles governing the construction of the act further persuade me that § 46a-104 should be read to authorize awards of punitive damages. The act is a remedial statutory scheme, and any "ambiguities [therein] ... should be construed in favor of persons seeking redress thereunder ...." (Citation omitted; internal quotation marks omitted.)
Commission on Human Rights & Opportunities
v.
Echo Hose Ambulance
, supra, 322 Conn. at 165,
Moreover, giving effect to the broad language chosen by the legislature in crafting the appropriate remedies also is consistent with the principle that, whenever possible, we construe the act to "complement the provisions" of Title VII, the federal employment discrimination statute.
Commission on Human Rights & Opportunities
v.
Echo Hose Ambulance
, supra, 322 Conn. at 160,
Finally, a construction of § 46a-104 to authorize the punitive damages award in this case accords with persuasive sister state authority on this point, in particular, decisions from the highest state courts of Ohio and West Virginia.
6
Particularly instructive
*632
is
**497
Haynes
v.
Rhone-
Poulenc, Inc.
, supra,
In
Ames
, we considered whether the plaintiff could recover "not only actual damages but also punitive damages and attorney's fees";
Ames
v.
Commissioner of Motor Vehicles
, supra,
In my view, we drew two false equivalencies in
Ames
in comparing punitive damages to statutory attorney's fees and statutory multiple damages awards and, unfortunately, used loose drafting language in arriving at our conclusion. First, it was improper to assume that the same analysis applies to punitive damages and statutory attorney's fees. In contrast to attorney's fees awarded pursuant to a statutory exception to the American Rule, a punitive damages award, whether at common law
11
or pursuant to statute, requires the plaintiff to prove "a reckless indifference to the rights of others or an intentional and wanton violation of those rights."
Vandersluis
v.
Weil
,
Second, and perhaps more significantly, in
Ames
, we improperly used the doctrinally distinct terms multiple damages and punitive damages interchangeably. This rendered inapt our reliance on
Alaimo
v.
Royer , supra,
Finally, beyond being legally flawed, the foregoing discussion in
Ames
with respect to whether the plaintiff could recover her punitive damages award and attorney's fees against the bond required by § 14-52 was a non sequitur that was dictum. See, e.g.,
Cruz
v.
Montanez
,
Accordingly, I respectfully dissent.
General Statutes § 46a-104 provides: "The court may grant a complainant in an action brought in accordance with section 46a-100 such legal and equitable relief which it deems appropriate including, but not limited to, temporary or permanent injunctive relief, attorney's fees and court costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant." We note that, although § 46a-104 was amended in 2011; see Public Acts 2011, No. 11-237, § 15; that amendment has no bearing on the merits of this appeal. In the interest of simplicity, we refer to the current revision of the statute.
We granted the plaintiff's petition for certification to appeal limited to the following questions: (1) "Did the Appellate Court properly determine that General Statutes § 46a-104 does not authorize the award of punitive damages?"; and (2) "If the answer to the first question is in the negative, does the award of punitive damages in § 46a-104 fall within the province of the court or the jury?"
Tomick
v.
United Parcel Service, Inc.
,
We note that Kevin Trudelle, a business manager for United Parcel Service, Inc., was also named as a defendant in the present action. This certified appeal, however, pertains solely to the plaintiff's claim for punitive damages against United Parcel Services, Inc. Accordingly, in the interest of simplicity, we refer to United Parcel Services, Inc., as the defendant.
For a detailed recitation of the facts underlying this appeal, see
Tomick II
, supra,
The plaintiff also alleged negligent infliction of emotional distress against his supervisor, Kevin Trudelle; see footnote 3 of this opinion; intentional infliction of emotional distress against the defendant and Trudelle, and violations of General Statutes § 31-51x against the defendant and Trudelle for requiring him to submit to a urinalysis drug test without reasonable suspicion.
Tomick II
,
In
Tomick I
, the defendant claimed, inter alia, that the trial court had improperly denied its motion for a directed verdict because the plaintiff had failed to establish a prima facie case of disability discrimination pursuant to § 46a-60.
Tomick I
, supra,
The defendant appealed from the trial court's denial of its motion for a directed verdict on the ground that the plaintiff had failed to establish a prima facie case.
Tomick II
,
The Appellate Court also assumed, without deciding, that the language of § 46a-104 was sufficiently broad to authorize punitive damages, but concluded, nevertheless, that to read the statute in such a way would be contrary to our established law that restricts common-law punitive damages to a single recovery of litigation expenses, as permitting such punitive damages would allow the plaintiff to double his recovery, because the statute already expressly allowed for an award of attorney's fees and costs.
Tomick II
, supra,
For the purposes of this certified appeal, we treat the jury's punitive damages award as one for statutory punitive damages awarded pursuant to § 46a-104 because the trial court treated them as such, and the parties consistently have analyzed them as such under § 46a-104.
We note that, although § 14-52 has been amended by the legislature several times since the Appellate Court's decision in Ames ; see, e.g., Public Acts 2010, No. 10-110, § 12; those amendments are not relevant to the present appeal. Hereinafter, all references to § 14-52 are to the version appearing in the 2003 revision of the general statutes.
Because we hold that § 46a-104 does not provide for punitive damages, we need not reach the second certified issue of whether awarding punitive damages pursuant to § 46a-104 falls within the province of the court or the jury. See footnote 2 of this opinion.
We note that prior to the Appellate Court's decision in
Tomick II
, our trial courts were divided on the question of whether § 46a-104 provides for awards of statutory punitive damages. Compare, e.g.,
Resnick
v.
United Public Service Employees Union
, Superior Court, judicial district of Middle-sex, Docket No. CV-13-60009166-S,
General Statutes (Rev. to 2003) § 14-52 provides in relevant part: "(a) No person, firm or corporation may engage in the business of the buying, selling, offering for sale or brokerage of any motor vehicle or the repairing of any motor vehicle without having been issued either a new car dealer's, a used car dealer's, a repairer's or a limited repairer's license....
"(b) ... (2) ... [E]ach applicant for a new car dealer's or a used car dealer's license shall furnish a surety bond in the amount of twenty thousand dollars....
"(4) Each such bond ... shall be conditioned upon the applicant or licensee complying with the provisions of any state or federal law or regulation relating to the conduct of such business and provided as indemnity for any loss sustained by any person by reason of any acts of the licensee constituting grounds for suspension or revocation of the license or such licensee going out of business. Such bond shall be executed in the name of the state of Connecticut for the benefit of any aggrieved party, but the penalty of the bond shall not be invoked except upon order of the [Commissioner of Motor Vehicles] after a hearing held before said commissioner in accordance with the provisions of chapter 54...."
Consistent with
Ames
v.
Commissioner of Motor Vehicles
, supra,
The defendant contends that Ames should be read for the common-law proposition that statutory punitive damages must be explicitly authorized. To the contrary, the plaintiff contends that the Appellate Court's interpretation of Ames is improper and that it cannot be read to establish a bright line rule requiring the legislature to use the words " 'punitive damages' " whenever it intends to make punitive damages available, as the holding is limited to an interpretation of § 14-52. Although we do not view Ames as establishing a bright line rule foreclosing any award for statutory punitive damages in the absence of express statutory authority, the approach followed in Ames is a persuasive baseline position. As such, in the absence of express authority for such damages or significant extratextual evidence that would cause us to depart from our default approach in Ames , we decline to imply punitive damages as a remedy under § 46a-104.
Additionally, in Connecticut, common-law punitive damages are limited to attorney's fees and costs. See
Hylton
v.
Gunter
,
There are numerous other examples of human rights statutes allowing punitive damage awards. See General Statutes (Supp. 2016) § 46a-83 (g) (2) (describing discriminatory practice complaint procedure, which provides in relevant part that "[i]f the Attorney General or a commission legal counsel believes that injunctive relief, punitive damages or a civil penalty would be appropriate, such relief, damages or penalty may also be sought " [emphasis added] ); General Statutes (Supp. 2016) § 46a-89 (b) (2) (C) (providing that when commission believes that punitive damages, civil penalty, or injunctive relief is appropriate in response to complaint alleging discriminatory housing or public accommodations practices, commission may bring petition in Superior Court, and that petition shall seek "an award of punitive damages payable to the complainant, not to exceed fifty thousand dollars"); General Statutes (Supp. 2016) § 46a-98 (c) (providing that creditor who has engaged in discriminatory credit practices and "who fails to comply with any requirement of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 shall be liable to an aggrieved person for punitive damages in an amount not greater than one thousand dollars , as determined by the court, in addition to any actual damages provided in subsection [b] of this section" [emphasis added] ); General Statutes (Supp. 2016) § 46a-98 (d) (describing creditor liability for discriminatory credit practice, which provides that "[a]ny such creditor who fails to comply with any requirement of section 46a-66 or 46a-81f or the regulations adopted pursuant to section 46a-67 may be liable for punitive damages in the case of a class action in such amount as the court may allow , provided the total recovery of punitive damages shall not exceed the lesser of five thousand dollars or one per cent of the net worth of the creditor" [emphasis added] ).
General Statutes (Supp. 2016) § 46a-89 (b) (1), describing the filing of a petition for civil action alleging discriminatory housing or public accommodation practices, which provides: "Whenever a complaint filed pursuant to section 46a-82 alleges a violation of section 46a-64, 46a-64c, 46a-81d or 46a-81e, and the commission believes that injunctive relief is required or that the imposition of punitive damages or a civil penalty would be appropriate , the commission may bring a petition in the superior court for the judicial district in which the discriminatory practice which is the subject of the complaint occurred or the judicial district in which the respondent resides." (Emphasis added.)
The plaintiff cites to several statutes in which the legislature precluded punitive damage awards. For example, General Statutes § 47-212 (a), a statute within the Common Interest Ownership Act, provides: "The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed,
provided consequential, special or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law
." (Emphasis added.) The plaintiff contends that this express exclusion of punitive damages undercuts the Appellate Court's holding that the silence of § 46a-104 implicitly excludes punitive damages. Consistent with
Ames
v.
Commissioner of Motor Vehicles
, supra,
The plaintiff also cites to General Statutes § 31-51m as an example of the legislature's express preclusion of punitive damages. General Statutes § 31-51m (c) provides: "Any employee who is discharged, disciplined or otherwise penalized by his employer in violation of the provisions of subsection (b) may, after exhausting all available administrative remedies, bring a civil action, within ninety days of the date of the final administrative determination or within ninety days of such violation, whichever is later, in the superior court for the judicial district where the violation is alleged to have occurred or where the employer has its principal office, for the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he would have otherwise been entitled if such violation had not occurred. An employee's recovery from any such action shall be limited to such items, provided the court may allow to the prevailing party his costs, together with reasonable attorney's fees to be taxed by the court. Any employee found to have knowingly made a false report shall be subject to disciplinary action by his employer up to and including dismissal." (Emphasis added.) A reading of this statute demonstrates that the legislature limited remedies to those included on the list, but did not explicitly preclude punitive damages, by name, as a form of relief, as the plaintiff suggests.
Title 42 of the United States Code, § 1981a (a) (1), provides: "In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-5, 2000e-16 ] against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) prohibited under section 703, 704, or 717 of [that] [a]ct [42 U.S.C. 2000e-2, 2000e-3, 2000e-16 ], and provided that the complaining party cannot recover under section 1981 of this title, the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent." (Emphasis added.)
General Statutes § 46a-104 provides: "The court may grant a complainant in an action brought in accordance with section 46a-100 such legal and equitable relief which it deems appropriate including, but not limited to, temporary or permanent injunctive relief, attorney's fees and court costs. The amount of attorney's fees allowed shall not be contingent upon the amount of damages requested by or awarded to the complainant."
I recognize that this court certified a second question to be answered should we conclude that § 46a-104 provides for an award of punitive damages, namely, "does the award of punitive damages in § 46a-104 fall within the province of the court or the jury?"
Tomick
v.
United Parcel Service, Inc
.,
General Statutes (Supp. 2016) § 46a-86 (b) provides: "In addition to any other action taken under this section, upon a finding of a discriminatory employment practice, the presiding officer may order the hiring or reinstatement of any individual, with or without back pay, or restoration to membership in any respondent labor organization. Liability for back pay shall not accrue from a date more than two years prior to the filing or issuance of the complaint. Interim earnings, including unemployment compensation and welfare assistance or amounts which could have been earned with reasonable diligence on the part of the person to whom back pay is awarded shall be deducted from the amount of back pay to which such person is otherwise entitled. The amount of any deduction for interim unemployment compensation or welfare assistance shall be paid by the respondent to the commission which shall transfer such amount to the appropriate state or local agency."
I acknowledge the majority's argument that "the legislature expressly authorized punitive damages in other human rights statutes but did not do so within § 46a-104, and, thus, reading § 46a-104 to allow punitive damages despite the fact that it does not explicitly authorize such damages would render those express authorizations for punitive damages superfluous." In so concluding, the majority relies on numerous human rights statutes, in particular General Statutes (Supp. 2016) § 46a-89 (b) (1), which permits the commission to seek from a court punitive damages awards for violations of General Statutes § 46a-64 (discriminatory public accommodations), General Statutes § 46a-64c (discriminatory housing practices), General Statutes § 46a-81d (sexual orientation public accommodations discrimination), and General Statutes § 46a-81e (sexual orientation housing discrimination). Subdivision (1) of General Statutes (Supp. 2016) § 46a-89 (b) must, however, be read in conjunction with subdivision (2) of subsection (b) of that statute, which implements subdivision (1) and limits such punitive damages to $50,000. The majority also cites the discriminatory credit practices statute, General Statutes (Supp. 2016) § 46a-98, with subsection (c) of that statute authorizing punitive damages awards of not more than $1000 to "an aggrieved person," and subsection (d) of that statute providing for punitive damages in a class action that "shall not exceed the lesser of five thousand dollars or one per cent of the net worth of the creditor."
In my view, the majority's comparative analysis of these statutes and § 46a-104, although superficially appealing, fails to account for the fact that there are different types of statutory punitive damages awards. As this court recently stated, "against the backdrop of our 'conservative' measure of common-law punitive damages, 'the legislature has authorized punitive damage[s] awards for certain causes of action. These statutes fall into three categories: (1) those that limit the amount of the award to no more than two times the actual damages incurred; (2) those that designate a specific, albeit modest, dollar limit for such awards; and (3) those that authorize punitive damages, but leave the amount of the award to the discretion of the court.' "
Hylton
v.
Gunter
,
The majority also disagrees with the plaintiff's reliance on Title VII and other federal laws, observing that "Congress ... specifically amended Title VII by enacting the Civil Rights Act of 1991 to provide for compensatory and punitive damages.... [Even though Congress took] affirmative steps to provide expressly for punitive damages, the Connecticut legislature has not yet followed suit." (Citation omitted; footnote omitted.) I do not view the language difference between the state and federal statutes as one with a distinction because § 46a-104 is broadly phrased in terms of "legal relief," and does not describe particular types of available damages awards. In other words, I view them as two different ways to say the same thing. See
Haynes
v.
Rhone-Poulenc, Inc
., supra,
I recognize that this position appears to be a minority view with respect to courts interpreting state employment discrimination statutes lacking express authorization for punitive damages. See, e.g.,
Ackelson
v.
Manley Toy Direct, L.L.C
.,
Other sister state cases are similarly persuasive. See, e.g.,
Loomis Electronic Protection, Inc
. v.
Schaefer
,
I acknowledge, with some chagrin, that I authored this court's decision in Ames and I therefore must accept full responsibility for its incorrect dictum.
Hereinafter, all references to § 14-52 are to the 1997 revision.
With respect to the claim for attorney's fees, the court in
Ames
cited
Fleming
v.
Garnett
,
After concluding that "it appears that the legislature deemed the remedies expressly authorized in the act, including back pay, compensatory damages, attorney's fees, and costs, to be sufficient to carry out its remedial purpose"; text accompanying footnote 15 of the majority opinion; the majority observes that, "in Connecticut, common-law punitive damages are limited to attorney's fees and costs"; footnote 15 of the majority opinion, citing
Hylton
v.
Gunter
,
I believe that the citation in
Ames
to
DeMilo
v.
West Haven , supra,
Seemingly in contradiction to
Ames
, as the plaintiff observes, this court has stated that expansive remedial authority conferred by statutory language such as "includes, but not limited to," also allows an award of attorney's fees, notwithstanding the American Rule. See
Piteau
v.
Board of Education
,
Reference
- Full Case Name
- Michael TOMICK v. UNITED PARCEL SERVICE, INC., Et Al.
- Cited By
- 17 cases
- Status
- Published