Ritchie v. Department of State Police, 60 Mass. App. Ct. 655 (Mass. App. Div. 3/19/2004), 02-P-593.
Decision Date | 19 March 2004 |
Docket Number | No. 02-P-593.,02-P-593. |
Citation | 60 Mass. App. Ct. 655 |
Parties | MARY E. RITCHIE <I>v.</I> DEPARTMENT OF STATE POLICE. |
Court | Massachusetts Appellate Division |
Present: DUFFLY, DREBEN, & KAFKER, JJ.
Employment, Discrimination, Sexual harassment, Retaliation. Anti-Discrimination Law, Employment, Sex. Practice, Civil, Judgment on the pleadings.
In an employment discrimination action brought by the plaintiff, a trooper with the Department of State Police (department), claiming that she had been subjected to a hostile work environment and retaliatory conduct in violation of G. L. c. 151B, a Superior Court judge erred in allowing the department's motion for judgment on the pleadings on the c. 151B claim, where, although there remained a substantial question whether the factual allegations (the plaintiff's superior officer was involved in an office romance with, and showed favoritism to, an administrative assistant), even broadly construed, were enough to establish a hostile work environment claim within the meaning of , that G. L. c. 151B, § 1(18) [660-663], the allegations that the superior officer had engaged in adverse employment actions against the plaintiff after she complained of the situation were sufficient to establish a claim of retaliation in violation of G. L. c. 151B, § 4(4) [663-666].
CIVIL ACTION commenced in the Superior Court Department on October 5, 2000.
The case was heard by Wendie I. Gershengorn, J., on a motion for judgment on the pleadings, and entry of separate and final judgment was ordered by Patrick F. Brady, J.
Scott W. Lang (Jennifer L. Davis with him) for the plaintiff.
Rosemary Connolly, Assistant Attorney General, for the defendant.
Disturbed by an apparent office romance between her superior officer and his administrative assistant and by the favors that accompanied the relationship, the plaintiff, Mary
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...claim based on the protected activity of pursuing that complaint. See Fantini, 557 F.3d at 32 (Title VII); Ritchie v. Dep't of State Police, 60 Mass. App. Ct. 655, 664 (2004) (Chapter 151B). 7. The parties are notified that any party who objects to these proposed findings and recommendation......