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It’s Alive! Summary Judgment Lives in Employment Discrimination Cases

Can an employer ever win a motion for summary judgment on a discrimination case in state court? The prevailing wisdom is no.  A fool’s errand, some might say. But a new Connecticut Appellate Court case (Alvarez v. City of Middletown) shows at least what’s possible. The case has some details that stand out. The Plaintiff was a probationary police officer who was seeking a more permanent position. In the course of his employment, he had performance deficiencies that were noted. In February 2015, an individual made a complaint that the Plaintiff groped her and made her feel his genitals through his pants while he was responding to a reported domestic incident at her home. While the investigation was ongoing, the Plaintiff’s performance still showed deficiencies including a failure to file written reports.  He was sent a letter that he would face a probationary discharge but he resigned before that happened. The Plaintiff then sued on race and national origin....