NESTOR V. PRATT & WHITNEY
466 F.3d 65 (2d Cir. 2006)
NATURE OF THE CASE: Nestor (P) appealed a summary judgment for Pratt (D) in P's suit for damages for violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. 2000e et seq.
FACTS: P worked as a machinist for D from 1973 until September 2, 1992, when she was fired after an altercation with a male employee. P was reinstated, without back pay, in 1993 pursuant to a labor arbitration. P filed a complaint with the Connecticut Commission on Human Rights and Opportunities ('CCHRO') against D alleging that her employment had been terminated by reason of her sex. She prevailed in the CCHRO, prevailed as well on the appeals taken by D in the Connecticut state courts, and collected damages of back pay and interest. P then filed this action in District Court under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., seeking damages that were unavailable in the CCHRO proceedings: attorney's fees, compensatory damages for emotional distress, and punitive damages. D successfully moved for summary judgment on the ground that P's action is barred by res judicata. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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