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CHRO ex. rel. Donald Rajtar v. Town of Bloomfield - Connecticut ...

CHRO ex. rel. Donald Rajtar v. Town of Bloomfield - Connecticut ...

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• The panel considered the credibility <strong>of</strong> the witnesses without ever consideringthat the complainant’s accusers might have been motivated by an ageist animusor the need to protect those who were so motivated.• If the respondent’s pr<strong>of</strong>fered reason for terminating the complainant waspret<strong>ex</strong>tual, and the termination was actually effectuated primarily because <strong>of</strong> agediscrimination, the events properly under review by me effectively culminatedwith Chapman’s ratification <strong>of</strong> Chief Hard’s recommendation, and in mostrespects would remain unchanged by testimony presented to and action taken bythe arbitration panel, by which time the decision was beyond the respondent’scontrol and alleged animus.C.The identity <strong>of</strong> the decision makersThe complainant’s termination was the result <strong>of</strong> a compl<strong>ex</strong> chain <strong>of</strong> events, commencingwith a <strong>rel</strong>atively routine p<strong>rel</strong>iminary investigation and culminating with a hearing beforethe town manager. At various point along the way the chain <strong>of</strong> events might have takena different tack and resulted in something short <strong>of</strong> termination <strong>of</strong> employment. In thatrespect there were decision makers all along the way. Some <strong>of</strong> them--and some <strong>of</strong> thedecisions they made--were as follows. Sergeants Driscoll and Mathena decided to seeka disciplinary investigation <strong>of</strong> the complainant rather than try to rectify possibly innocentinconsistencies in statements and recollections, or to <strong>ex</strong>plore the possibility that thecivilian witnesses might have been less than fully cooperative when first questioned byPage 42 <strong>of</strong> 56

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