MCAD Digest: Osorio v. Standhard Physical Therapy, Bulega, Tambi…Physical Therapy Office Manager Wins Sexual Harassment Case

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Overview: In Osorio v. Standhard Physical Therapy, Bulega, Tambi, the MCAD found in favor of the Complainant and awarded back pay plus emotional distress damages on her claims of sexual harassment and retaliation. There was credible evidence that Respondent Bulega, the business manager at the physical therapy office, began harassing the Complainant by smacking her behind several times a week, putting his hand down her shirt, snapping her underwear, making vulgar statements, and sending suggestive text messages. In addition, the Complainant once found Respondents Tambi and Bulega watching pornographic videos in the front area of the office.

The hearing officer found the Complainant’s testimony to be “extremely believable,” noting that she was clear and consistent throughout the proceedings. The evidence showed that the Complainant had been subjected to humiliating, unwelcome sexual harassment for a protracted period. Additionally, there was “no doubt” that the Respondents were on notice of the Complainant’s protected activity of complaining about sexual harassment but terminated her anyway, with a clear causal connection between those events. The hearing officer also found Respondents Bulega and Tambi individually liable.

Decision Date: May 3, 2018

Docket Number: 15-BEM-01365

Hearing Officer: Betty E. Waxman

Claims: Sexual harassment and retaliation

Prevailing Party: Complainant

Back Pay: $3,200

Front Pay: $0

Emotional Distress: $50,000

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