Chatman v. Gentle Dental Center of Waltham, Civil Action No. 95-12710-RCL.

• Decision Date: 22 August 1997
• Docket Number: Civil Action No. 95-12710-RCL.
• Citation: 973 F.Supp. 228
• Parties: Nikki CHATMAN, Plaintiff, v. GENTLE DENTAL CENTER OF WALTHAM, Gentle Dental Center of Cambridge, Gentle Communications, Inc., Leendert Van de Rydt, Barry Bornfriend, and Carl Toltz, Defendants.
• Court: U.S. District Court — District of Massachusetts

973 F.Supp. 228

Nikki CHATMAN, Plaintiff, v. GENTLE DENTAL CENTER OF WALTHAM, Gentle Dental Center of Cambridge, Gentle Communications, Inc., Leendert Van de Rydt, Barry Bornfriend, and Carl Toltz, Defendants.

Civil Action No. 95-12710-RCL.

United States District Court, D. Massachusetts.

August 22, 1997.

Pamela S. Freeman, Freeman & Freeman, Brookline, MA, for Plaintiff.

Burton A. Nadler, Petrucelly & Nadler, Boston, MA, Wilfred J. Benoit, Jr., Goodwin, Proctor & Hoar, Boston, MA, for Defendants.

OPINION AND ORDER

LINDSAY, District Judge.

I. INTRODUCTION

In this action, the plaintiff Nikki Chatman ("Chatman") alleges that the defendants — who, she asserts, are one or more of the following: her employers, her supervisors and her co-workers — subjected her to sex discrimination (in the form of sexual harassment), race discrimination, retaliation and other wrongful conduct in connection with her employment and the ultimate termination of that employment. The alleged misconduct of the defendants, Chatman claims, constitutes race discrimination and sexual harassment made unlawful by Mass. Gen. L c. 151B ("Chapter 151B")¹; unlawful employment retaliation proscribed by Chapter 151B and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3 ("Title VII"); assault; battery; intentional infliction of emotional distress; and defamation.² The defendants have moved, on various grounds discussed later in this opinion, to dismiss these claims.

II. FACTUAL ALLEGATIONS³

Chatman, an African-American woman, began her employment with Gentle Communications, Inc., Gentle Dental Center of Cambridge, and the Gentle Dental Center of Waltham (collectively, "Gentle Communications") in November, 1991.⁴ Initially, she worked as a receptionist for Gentle Communications under the direct supervision of Dr. Leendert Van de Rydt ("Van de Rydt"), alleged to be a dentist and "directing partner" of Gentle Communications. In February, 1992, Chatman was promoted to an administrative position with Gentle Communications, and Barry Bornfriend ("Bornfriend") became her supervisor. She alleges that, at all relevant times, Bornfriend was "director" of Gentle Communications and a partner in and the administrator of the two Gentle Dental centers.⁵

The complaint alleges that, throughout the course of her employment with Gentle Communications, her supervisors, Van de Rydt and Bornfriend, and Gentle Communications' bookkeeper, Carl Toltz ("Toltz") (collectively "the individual defendants"), subjected Chatman to sexual harassment and discrimination based on sex and race. The individual defendants and other dentists at Gentle Communications are alleged frequently, in the presence of Chatman, to have discussed other female employees of Gentle Communications, commenting on their attire, the sizes of their breasts and their sex lives. The complaint alleges that crude sexual language and innuendos were pervasive in the office. Chatman, who in her administrative position, had responsibility for hiring new employees, was told on more than one occasion, by one or more of the individual defendants to hire women with large breasts and nice figures who would be willing "to put out." The complaint alleges that Van de Rydt and Bornfriend also made unwelcome sexual advances to Chatman, made frequent comments on her sex life and engaged in unwanted physical contact with her.

Van de Rydt is alleged to have engaged in the following conduct, among other things. He often commented on various of Chatman's physical features, including what he described as the fullness of her lips. On some Mondays he would ask Chatman if she had had sex over the weekend. Moreover, Chatman alleges Van de Rydt frequently touched her without her consent. This unwanted physical contact included rubbing or leaning against her body, touching her cheeks or knees, and rubbing her shoulders. On one occasion, while a number of Gentle Communications staff members were together at a bar, Van de Rydt threw salt on the plaintiff's hands and licked it off, drinking a shot of tequila with it. On another occasion, Van de Rydt offered to pay Chatman twenty dollars to lick an ice cream cone in front of him. Van de Rydt repeatedly asked Chatman to date him. He persisted in calling her at home, despite her objections. Van de Rydt finally threatened that if Chatman continued to refuse his advances she would lose her job.

The complaint alleges that Bornfriend displayed similar offensive conduct. At work, Bornfriend would chase the plaintiff around her desk, pinch her and try to grab her, all without her consent. He would also punch her in the arm and say: "Let's fight, I want to roll around on the ground with you." He once tore open Chatman's blazer to see what she wore underneath. On another occasion, Bornfriend and other men in the office generated a computer image of Chatman's face and taped it onto a Playboy magazine centerfold. The men then called Chatman into a conference room and suggested that she had posed for the centerfold while asleep or drunk the night before.

Another occasion involves both Bornfriend and Toltz. On that occasion, Chatman alleges that Toltz said to Bornfriend, in Chatman's presence, "Why don't we throw Nikki on the desk and screw her?" Bornfriend replied that Chatman would "get down on her knees and service him" — a comment the plaintiff took to mean that she would fellate him.

The complaint alleges that Van de Rydt, Bornfriend and other dentists at Gentle Communications made racial slurs and racist comments in Chatman's presence, specifically, comments to the effect that black men were drug dealers, carried guns, or were possessed of large penises.

The complaint alleges that the conduct and comments of the individual defendants and other dentists at Gentle Communications created a hostile work environment and interfered with Chatman's performance of her job. The complaint alleges that Chatman suffered emotional distress and developed physical illness from the stress she faced at work. In November, 1993, she sought medical treatment for her symptoms, which included fatigue, insomnia, nervousness, eating problems and depression. Chatman's physician advised her that her physical illness stemmed from the sexual harassment she faced at work, and that she should see a psychotherapist. On November 23, 1993, her physician sent a letter to Gentle Communications, advising that Chatman was suffering from the environmental stresses at work.

Chatman alleges that she complained several times to the management of Gentle Communications about the conduct of the individual defendants and other dentists at Gentle Communications, but that management never investigated any such complaints. Nor was Chatman notified of any corrective measures taken by Gentle Communications. The complaint alleges that Gentle Communications did not have an adequate policy regarding sexual harassment during the period of Chatman's employment, and that Chatman never received any information concerning Gentle Communication's policy regarding sexual harassment.

In November, 1993, Chatman contacted an attorney regarding her potential claims of discrimination and sexual harassment against Gentle Communications. The attorney began to investigate her claims by calling various employees and friends of Chatman. Two weeks later, on December 1, 1993, Gentle Communications terminated her position, saying that she was an unsuitable employee.

III. THE MCAD CHARGE

In December, 1993, Chatman filed a charge of discrimination (the "MCAD Charge") with the Massachusetts Commission Against Discrimination ("MCAD"). On the first page of the MCAD Charge, Chatman named Gentle Communications and the Gentle Dental centers as the employer entity that discriminated against her and further specified that she "was sexually harassed by the supervisors/partners of Gentle Communications/Gentle Dental Centers (hereinafter, `Gentle Communications')."⁶ In later parts of the MCAD Charge, she set forth in detail the conduct that she claimed violated Chapter 151B. In so doing, she made allegations about the conduct of Van de Rydt, Bornfriend and Toltz that are similar to the allegations she makes in the complaint now before the court.

Chatman later dismissed the MCAD Charge and filed a civil action in state court pursuant to Mass. Gen. L. c. 151B § 9.⁷ That action was removed to this court by the defendants, with jurisdiction founded on the claimed violation of Title VII.

IV. PROCEDURAL POSTURE OF THE ACTION

The defendants have moved to dismiss the claims remaining in this case — those identified in the introductory section of this opinion — pursuant to Fed.R.Civ.P. 12(b)(6). At a hearing on the motion, the court issued, from the bench, rulings on certain of the issues raised by the present motion. Thus, the court granted the motion of the defendants Van de Rydt and Toltz to dismiss the defamation claim against them; denied the motion of the defendant Bornfriend to dismiss the defamation claim against him; denied the motion of the defendant Toltz to dismiss the assault claim against him; and denied the motion of the defendant Gentle Dental Center of Waltham to dismiss.

At the conclusion of the hearing, the court reserved rulings on the following issues, which will be addressed in this opinion: (1) whether count I and count IV should be dismissed because the individual defendants were not named as respondents in the MCAD Charge; (2) whether the individual defendants as supervisors or co-employees of Chatman, can be held liable individually for sexual harassment and discrimination under Title VII; and (3) whether the state-law, intentional tort claims (assault, battery and intentional infliction of emotional distress), arising out of the alleged incidents of sexual harassment, are barred by either the exclusivity provision of Massachusetts' Workers' Compensation Act, Mass. Gen. L. c. 152 § 24, or by the exclusivity provision of Chapter 151B...