41 Conn. App. 1 | Conn. App. Ct. | 1996
The defendants
The record discloses the following relevant facts and procedural history. On April 26, 1982, the plaintiff, age thirty-six, applied for a job as a police officer with the Naugatuck police department. After she submitted her application, she met with the chief of police, who rejected her application because her age exceeded the police department’s age limit for new employees. On August 26, 1982, the plaintiff filed a complaint with the commission, claiming that the police department had discriminated against her on the bases of her age and gender. The commission found that the police department had discriminated against the plaintiff on the basis of her age in violation of General Statutes § 46a-60 (a) (l),
The plaintiff appealed to the Superior Court, pursuant to General Statutes §§ 46a-94a and 4-183, claiming that the commission had improperly imposed the burden on her to prove that she would have been hired as a full-time police officer by 1985. The trial court found that the commission should have imposed on the police department the burden of proving that it would not have hired the plaintiff as a full-time police officer between 1982 and 1985. On the basis of the evidence presented at the commission hearing, the court also found that had the police department not engaged in discriminatory hiring practices, the plaintiff would have
Prior to oral argument, we noted the possibility that in light of our Supreme Court’s opinion in Connecticut Resources Recovery Authority v. Commissioner of Environmental Protection, 233 Conn. 486, 659 A.2d 714 (1995), the defendants’ appeal to this court had not been taken from a final judgment. The parties were advised of our concern and notified that the final judgment issue would be addressed at oral argument. See Annecharico v. Patterson, 38 Conn. App. 338, 339, 660 A.2d 880 (1995). We conclude that no final judgment exists here.
“ ‘The lack of final judgment is a threshold question that implicates the subject matter jurisdiction of this court.’ Schick v. Windsor Airmotive Division/Barnes Group, 31 Conn. App. 819, 822, 627 A.2d 478 (1993), citing Walton v. New Hartford, 223 Conn. 155, 162 n.9, 612 A.2d 1153 (1992). If there is no final judgment, we cannot reach the merits of the appeal. General Statutes §§ 51-197a and 52-263; Practice Book § 4000.” Wann v. Lemieux, 36 Conn. App. 138, 140, 648 A.2d 889 (1994).
The remand order in this case directed the commission to determine when the plaintiff would have been hired as a full-time police officer and how much back pay she is entitled to receive. Because the remand order “cannot be said, on any theory, to have ‘terminated’ any part of the proceedings, the only issue of appealability is whether the rights of the parties have been so definitively resolved ‘that further proceedings cannot affect them.’ ” Connecticut Resources Recovery Authority v. Commissioner of Environmental Protection, supra, 233 Conn. 499. This issue must be resolved by examining the scope of the remand order. Id.
The pertinent part of the Superior Court’s remand order in this case is as follows: “[T]he case must be remanded to the commission so that it may, on the basis of the present record, determine when the plaintiff would have been hired as a full-time officer and how much back pay she is entitled to receive as a result.”
The appeal is dismissed.
In this opinion the other judges concurred.
In the plaintiffs appeal to the Superior Court, the defendants included the commission on human rights and opportunities (commission), the clerk of the borough of Naugatuck, the board of burgesses of Naugatuck, the mayor of Naugatuck and the police commission of Naugatuck. In that appeal, the commission, although it was a defendant, joined the plaintiff in contesting the actions of the commission’s presiding officer but did not file a separate appeal pursuant to General Statutes § 46a-94a. The commission did not appeal to this court from the Superior Court’s decision. We refer to the remaining defendants as the defendants in this case.
General Statutes § 46a-60 (a) provides in pertinent part: “It shall be a discriminatory practice in violation of this section:
“(1) For an employer, by himself or his agent, except in the case of a bona fide occupational qualification or need, to refuse to hire or employ or