Articles Posted in Economic Damages

by

Overview: In Harper v. Z2A Enterprises, the MCAD found in favor of the Complainant, awarding emotional distress damages and three months of back pay in a sexual harassment claim against the operator of the Half Time Sports Bar and Grill. The Respondents failed to appear at the hearing, and an Order of Entry of Default was noted on the record.

The Complainant put forth unrebutted evidence establishing that she was sexually harassed and subjected to a hostile work environment by the conduct of her immediate supervisor. The “extremely abusive and degrading behavior” included physical assaults, verbal abuse, sexual taunts, and sexually suggestive comments in the presence of customers and subordinates. The hearing officer found that the Complainant was constructively discharged because she legitimately believed that there was no recourse but to quit.

Continue Reading →

by

Overview: In Savage v. Massachusetts Rehabilitation Commission, the MCAD found in favor of the Complainant and awarded substantial back pay and emotional distress damages for employment discrimination based on a disability. The Complainant had a history of dyslexia, attention deficit disorder, and chronic depression prior to being hired by the Respondent, a state agency. These disabilities were made apparent to the Respondent through the Complainant’s initial self-identification and several subsequent disclosures to various supervising staff.

The hearing officer found that the agency failed to engage in meaningful communication with the Complainant and failed to fashion meaningful accommodation for his disabilities. The officer further concluded that the Complainant’s training director “seemed more intent on terminating Complainant’s employment as quickly as possible while he was on probation to avoid dealing with the collective bargaining rights that would adhere once he became a non-probationary employee.” The Complainant had also been subjected to a hostile work environment due to demeaning, bully, and intimidating conduct by the training director.

Continue Reading →

by

Overview: In Chase-Eason v. Crescent Yacht Club, the MCAD found in favor of the Complainants, awarding back pay to one of them and emotional distress damages to both. Complainant Eason was subjected to unwanted touching and vulgar comments that were sufficiently severe to alter the conditions of her employment and create a hostile work environment. Even though she did engage in bawdy banter, she “did not waiver in her efforts to protest the behavior directed against her.” The fact that some harassment occurred when Complainant Eason was off duty did not negate the employee/supervisor relationship.

The hearing officer similarly concluded that Complainant Chase was subjected to unwanted touching and hostile language sufficiently severe to constitute harassment. Both Complainants were entitled to emotional distress damages. Complainant Eason, who was terminated, was also entitled to back pay; Complainant Chase, who quit voluntarily, was not.

Continue Reading →