Anne Olear vs. Waterbury Public Schools, et al

Case Background

On November 24, 2021, Plaintiff  Anne Olear filed a Age Discrimination Lawsuit in the Connecticut Superior Court, Waterbury Judicial District (Case number: UWY-CV21-6063279-S). This case was presided over by Judge Kimberly Massicotte.

Cause

A seasoned educator faced discriminatory practices in the Waterbury Public Schools system, highlighting a concerning case of age discrimination in education. Anne L. Olear, a 67-year-old Family Consumer Science Teacher, dedicated 46 years of service at West Side Middle School before her retirement in February 2020. The employment discrimination case unfolded when she sought post-retirement employment at the Priority School District, following established protocols for retired educators. School Principal Peter McCasland and HR Generalist Lisa Dunn initially supported her return, requiring only a standard break in service. Workplace discrimination became evident when the school system hired a younger, less qualified candidate despite following all procedures and receiving strong recommendations.

The school system’s actions revealed a pattern of discriminatory hiring practices when they secretly marked Olear as ineligible for rehire on February 18, 2020, citing “insufficient notice” for retirement. This information remained hidden from her throughout the application process, while she continued to interview and receive positive feedback from her former principal. The teaching discrimination became more apparent when McCasland explicitly stated his preference for Olear’s return, noting her superior qualifications in family consumer science education.

Injuries

The employment retaliation manifested through the school system’s systematic denial of Olear’s rightful position. The discriminatory practices in education employment caused significant professional setbacks for the senior educator. Waterbury Public Schools overlooked her extensive experience and proven track record, demonstrating clear age discrimination against experienced teachers. The school system’s actions violated Connecticut employment law and established hiring protocols, particularly concerning post-retirement employment opportunities for veteran educators.

Damages

The wrongful employment practices resulted in substantial damages for the senior educator. Olear suffered immediate economic losses when the school system denied her expected employment opportunity. The workplace discrimination led to lost wages and benefits, creating unexpected financial hardship. Beyond the monetary impact, she endured significant emotional distress from the discriminatory treatment. The employment discrimination damaged her professional standing in education, affecting potential future teaching opportunities. The school system’s actions caused ongoing mental anguish, particularly given her long-standing dedication to education employment.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Anne Olear
    • Counsel for Plaintiff: Anthony J. Interlandi
  • Defendant(s): Waterbury Public Schools | Waterbury Board of Education
    • Counsel for Defendants: Emily E. Cadman

Claims

The Age Discrimination Lawsuit presented multiple violations of Connecticut statutes and workplace principles. Olear’s legal team pursued four distinct claims:

  • The primary claim addressed age discrimination in education, citing violations of C.G.S §46a-60(b)(1). The school system demonstrated clear discriminatory hiring practices against the senior educator, violating established employment law protections.
  • The teaching discrimination case also included charges of negligent misrepresentation, as Waterbury Public Schools provided misleading information about post-retirement employment eligibility.
  • The employment retaliation extended to fraudulent misrepresentation, with the school system intentionally deceiving Olear about her employment prospects.

Finally, the case addressed the breach of implied covenant of good faith and fair dealing, as the school system failed to honor its employment promises to the veteran educator.

The case proceeded through proper administrative channels, including review by the Connecticut Commission on Human Rights and Opportunities (CHRO), before advancing to legal action. This comprehensive approach to addressing workplace discrimination in education highlighted the broader implications for senior educators’ rights and post-retirement employment opportunities in Connecticut’s public school system. The employment discrimination case served as a significant example of the ongoing challenges faced by experienced teachers in maintaining their professional careers beyond retirement age.

Defense

The Waterbury Board of Education admitted basic employment facts about Anne Olear’s tenure but denied key allegations related to her post-retirement employment claims. While acknowledging Olear’s role as a Family Consumer Science Teacher at West Side Middle School until February 2020 and confirming their post-retirement employment policies, they disputed her characterization of the re-employment process. The Board denied that Lisa Dunn, Senior HR Generalist, promised Olear a position contingent upon a break in service and clarified that the April 27, 2020, job posting was an internal vacancy list for current teachers seeking transfers, not an external posting tied to Olear. They also emphasized that the younger candidate hired for the position was an internal transfer, not an external hire, and denied any age-based discrimination in their decision-making process.

Additionally, the Board rejected claims of negligent and fraudulent misrepresentation, asserting that no promises or representations about re-employment opportunities were made. They maintained that marking Olear ineligible for rehire on February 18, 2020, was due to her insufficient notice for retirement, not discriminatory intent. The Board confirmed procedural details, including Olear’s filing with the Connecticut Commission on Human Rights and Opportunities (CHRO) and the release of jurisdiction, but continued to deny all substantive claims of discrimination or improper practices. Their response highlighted a strategic focus on contesting allegations while framing their actions as consistent with internal policies and procedures.

Jury Verdict

On November 8, 2024, the jury reached a decisive verdict in Anne Olear’s age discrimination case against the Waterbury Board of Education under the Connecticut Fair Employment Practices Act. They found in favor of the plaintiff, determining that Olear successfully proved by a preponderance of evidence that her age served as a motivating factor in the Waterbury Board of Education’s decision not to hire her. As compensation for the discriminatory hiring practice, Olear was awarded $93,000 in economic compensatory damages in a Age Discrimination Lawsuit .

Court Documents:

Complaint

Answer

Jury Verdict