Town police officer brought action against town, alleging that she was retaliated against for bringing previous sex discrimination action and for engaging in protected speech.
The Superior Court granted in part and denied in part town’s motion for summary judgment. Town appealed.
The Supreme Court held that factual determination made in arbitration proceeding did not have preclusive effect on officer’s statutory and constitutional employment retaliation claims.
Factual determination made in arbitration conducted pursuant to collective bargaining agreement (CBA), that town did not retaliate against police officer for her prior discrimination complaint or protected speech, did not have preclusive effect on officer’s statutory and constitutional employment retaliation claims against town, based on state statute providing that no employee shall be denied right to pursue cause of action under state or federal Constitution or under state statute solely because the employee was covered by a CBA.