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Officials in Brookfield, CT have moved to halt a wrongful termination suit brought by the town’s former human resources chief, arguing in court filings that the case lacks evidence of discrimination or retaliation.
The motion for summary judgment was submitted in mid-December and challenges the core allegations made by former CHRO Fern Smenyak, who was dismissed in 2023.
The motion, filed by attorney Megan Nielsen of Rose Kallor on behalf of the town, asserts that former First Selectman Steve Dunn did not target or discriminate against Smenyak. Nielsen declined further comment on the filing. Attorney Eric Brown, who represents Smenyak, did not respond to requests for comment.
The dispute traces back to February 2024, when Smenyak sued in state Superior Court after being removed from her role as Brookfield’s HR director. She alleges the termination was retaliatory and driven by personal and political motivations.
Pension dispute sits at the center of claims
Central to her lawsuit is a disagreement over pension eligibility. She contends that Dunn had previously tried to modify the town’s pension plan to qualify for participation after not being eligible during his first six-year term in office. She alleges her dismissal shortly after Dunn returned to office as first selectman was “direct retaliation” for objecting to those efforts.
She claims she was fired both for enforcing the pension plan’s provisions and for complying with the town’s code of ethics during a related investigation. Brookfield has rejected that account in its response, stating there is no evidence of discrimination and no link between the pension issue and Smenyak’s termination.
Discrimination complaint expands legal exposure
Alongside the civil lawsuit, Smenyak has pursued a regulatory path. In May 2024 she filed a complaint with the Commission on Human Rights and Opportunities, accusing the town of discrimination based on age, gender, religion, and marital status.
“I am a Jewish sixty-eight-year-old gay woman and I am married to a woman,” the affidavit states. While the CHRO complaint does not reference the pension dispute, it argues that “Dunn did not have any just cause to terminate (her) employment” and asserts there was no “legitimate non-discriminatory reason” for the decision.
The town’s legal position rejects those claims outright. In court filings, Brookfield maintains the termination was lawful and unconnected to any protected characteristics or her handling of pension matters.
Judicial review of evidence
With both a lawsuit and a CHRO complaint in motion, the town is managing simultaneous legal and regulatory scrutiny while seeking to end the civil case through summary judgment.
The outcome will turn on judicial review of the evidence presented and whether the court determines the dispute warrants a trial. For now, the case remains active as Brookfield attempts to close the matter and Smenyak continues to pursue both discrimination and wrongful dismissal claims.
