Nestor v. Pratt & Whitney

466 F.3d 65 (2d Cir. 2006)

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.