Carter v. Commissioner of Correction, 95-P-1582
| Decision Date | 24 July 1997 |
| Docket Number | No. 95-P-1582,95-P-1582 |
| Citation | 43 Mass.App.Ct. 212,681 N.E.2d 1255 |
| Court | Appeals Court of Massachusetts |
| Parties | Margaret CARTER v. COMMISSIONER OF CORRECTION & others. 1 |
Geraldine S. Hines, Boston, for the plaintiff.
Before PERRETTA, KASS and JACOBS, JJ.
Claiming race and gender discrimination and retaliation for filing a complaint with the Massachusetts Commission Against Discrimination (MCAD), the plaintiff Margaret Carter brought an action in the Superior Court pursuant to G.L. c. 151B, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. (1994). The jury found the defendants not liable on the discrimination counts but awarded Carter damages on her retaliation claim under c. 151B. 2 The principal issues raised by the parties' cross appeals are whether Carter's retaliation complaint was timely filed and whether the trial judge's jury instructions were erroneous under Blare v. Husky Injection Molding Sys. Boston, Inc., 419 Mass. 437, 646 N.E.2d 111 (1995). We affirm the judgment.
Carter, an African-American, began her employment with the Department of Correction (department) in 1978, as a corrections officer at MCI-Framingham. She was promoted to the rank of sergeant in 1982, and to the rank of captain in 1987.
While at Framingham, Carter achieved satisfactory performance evaluations. In 1986, she was transferred to the Longwood Treatment Center (Longwood), a minimum security institution for inmates with substance abuse problems. At Longwood, she was under the supervision of Ollie Langlois until his transfer to the Old Colony Correctional Center in 1987. Langlois had a good working relationship with Carter, and he found her to be competent and conscientious. While working under Langlois's supervision, Carter presented no disciplinary problems and received satisfactory performance evaluations.
After Langlois's transfer, Sergio Allendes became the deputy superintendent at Longwood as well as Carter's immediate supervisor. At that time, the defendant Robert Priest was a program director, and he too was supervised by Allendes. Again, while working with Allendes, Carter received satisfactory evaluations. Allendes left Longwood in June, 1989, and the defendant David MacDonald appointed Priest the deputy superintendent. Priest thereby became Carter's supervisor.
About a month after becoming Carter's supervisor, Priest issued three verbal warnings and one written warning to her about inaccuracies in the inmate count. These warnings resulted in a two-day suspension, effective July 10, 1989. 3 This was the first time in Carter's career with the department that she found herself unable to perform her duties to the satisfaction of her supervisor.
When, on July 6, 1989, MacDonald handed Carter written notice of her suspension, 4 they had a discussion during which MacDonald advised Carter that a permanent position as sergeant would be coming up soon and that she should give it consideration. He informed her that she was weak, that she lacked managerial ability, and that those officers for whom she was responsible would make more mistakes which, in turn, would lead to her termination. At MacDonald's suggestion, Carter wrote a letter requesting that she be allowed to resume her former position as sergeant. She also asked MacDonald if, because of pressure and stress, she could take some time off from work. MacDonald granted Carter a short leave, and she was due to return to work on July 17, 1989.
On July 11, 1989, Carter filed a complaint with the MCAD alleging that Priest, a white male, had engaged in "discriminatory treatment against [her] with the support of ... MacDonald, [a] white male," that Priest had "engaged in a pattern of verbal humiliation, harassment, and undue criticism of [her] performance in order to justify a future termination of [her] employment," that Priest had relied upon minor discrepancies in her "shift reports" to justify her suspension from work for two days, that no other manager had been subjected to this type of treatment, and that she had been "forced to request a transfer to a lower position by [her] supervisor who told [her] that [her] failure to do so would result in [her] termination." She also reported that MacDonald and Priest "have created a very hostile working environment and numerous persons have witnessed the disparate treatment." 5
Carter did not return to work on July 17, 1989. Instead, she obtained a stress leave from the department's stress unit and did not return to Longwood until September 5, 1989. While on leave, Priest telephoned her at home on at least three occasions, each time demanding to know when she intended to return to work and threatening her with disciplinary action. He also demanded that she produce documentation of her medical condition even though the department's policy did not require documentation. 6
By July 25, 1989, Carter had retained counsel. 7 On that date, Carter and her attorney met with MacDonald and an attorney for the department for the purpose of resolving Carter's claims of discrimination. According to Carter, that meeting ended with an agreement to a second meeting. She testified that at the first meeting there was no discussion concerning a change in her job responsibilities. Such a discussion did take place during the second meeting on August 10, 1989. Attorneys were not present at this meeting. Carter testified that at this time, MacDonald raised the possibility of her returning to work with reduced responsibilities, that there were to be daily meetings to review her progress, and that she would assume her former responsibilities as captain one by one. He presented Carter with a handwritten agreement setting out these proposals. However, Carter refused to accept any of the conditions proposed by MacDonald without first speaking with her attorney.
MacDonald testified that the meeting on July 25, 1989, closed with an "agreement to look into [Carter] returning as a captain and putting together a formal training program where she wouldn't be overwhelmed and she would assume one duty at a time." It was his position that the handwritten agreement which he presented to Carter at the second meeting and which she refused to sign was merely documentation of what had been agreed to at the earlier meeting with counsel present. In any event, Carter never signed the agreement presented to her by MacDonald.
Thereafter, Carter withdrew her prior request for demotion and returned to work on or about September 5, 1989. Her duties were changed drastically and were no longer consistent with the rank of captain. All her previous responsibilities had been taken from her, and she was now in charge of inmate counts, housekeeping, and urine testing. Additionally, she was required to report daily to Priest. At any time when Priest was absent from Longwood, she was required to "cross-train" or work at another institution. Priest would not allow her to speak at staff meetings, and he conveyed her work assignments to her through her subordinates. Without notice to or consent from Carter, Priest changed her 7 A.M. to 3 P.M. shift to 11 P.M. to 7 A.M. In making that shift change, and contrary to normal practice, Priest had Carter replacing a correction officer rather than a person in a management position.
In another incident, Priest demanded that Carter, contrary to department policy, inform him as to the medical reasons for another employee's medical leave. When Carter refused to do so, explaining that the female employee had confided in her about an extremely personal matter, Priest reported to MacDonald that Carter had violated a direct order. MacDonald refused to accept Carter's explanation for her refusal to comply with Priest's order, and he told her to gather her possessions and leave Longwood. There was evidence to show that under department policy, an employee taking medical leave was only required upon his or her return to provide medical documentation of fitness to work. The department did not require an employee to disclose the reason for the needed medical leave.
Carter was able to arrange a transfer to the Old Colony Correctional Center where she once again worked with Langlois. When he became the director of security at Bridgewater Treatment Center, Carter again arranged a transfer to go with him. About a year later Langlois received another promotion and left Bridgewater for MCI-Norfolk. There were no disciplinary incidents involving Carter during the eighteen-month period that she worked with Langlois.
After Langlois's departure from Bridgewater, Henry Lavalley became Carter's supervisor. Thereafter, Carter was disciplined for various missteps which, when also made by male employees, would go unnoticed by her supervisor. On December 31, 1991, Carter left her post forty minutes early, an act for which she was suspended without pay for five days. Carter was ultimately transferred to the Southeastern Correctional Center where she was employed, as a captain, at the time of trial.
1. Timeliness of the retaliation charges. 8 An action cannot be brought in the Superior Court under G.L. c. 151B, § 9, unless it is preceded by the filing of a complaint of unlawful discrimination with the MCAD within six months of the occurrence of the discriminatory event. See G.L. c. 151B, § 5. The Superior Court action may be commenced ninety days after the filing of the complaint with the MCAD, or sooner if MCAD permission is obtained, but not later than three years after the alleged unlawful discrimination. See G.L. c. 151B, § 9. See also Cherella v. Phoenix Technologies, Ltd., 32 Mass.App.Ct. 919, 586 N.E.2d 29 (1992); Tardanico v. Aetna Life & Cas. Co., 41 Mass.App.Ct. 443, 444-445, 671 N.E.2d 510 (1996). The requirement that the § 9 action be preceded by the MCAD complaint ...
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