Articles Posted in Sexual Orientation Discrimination

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Overview: In Tinker v. Securitas Security Services and Hussain, the MCAD found in favor of the Complainant and awarded emotional distress damages for discrimination based on sex/gender, gender identity, and sexual orientation. The Complainant, who previously identified as a woman and a lesbian, notified the Respondent that he was transgender and was transitioning to a man. There was credible testimony that the Complainant’s direct supervisor persisted in making very offensive comments, first about the Complainant’s female gender and sexual orientation and then later about his about his transgender identity.

The hearing officer concluded that Securitas did not take seriously any of the concerns that the Complainant raised with managers. Further, denials about being on notice of the conduct were not credible because the offender was a supervisor, and an employer “is vicariously liable for unlawful harassment committed by as supervisor upon whom it confers authority.” The offending supervisor was also individually liable as the perpetrator of the harassment.

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Overview: In Picco v. Town of Reading, the MCAD found in favor of the Complainant and awarded emotional distress damages. This is the MCAD’s second decision in 2016. Although this case began based on causes of action for sexual orientation and perceived sexual orientation, the hearing officer noted that the evidence presented at public hearing did not show that the Complainant is gay or was perceived as such. The MCAD noted that “[s]uch a discrepancy is not fatal, however, because the crux of the charge is that Complainant was subjected to homophobic names and a sexual assault by Lt. Stamatis.” In doing so, the hearing officer concluded that the Complainant stated a claim for sexual harassment based on the homophobic slurs directed at him.

Decision Date: February 26, 2016

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