School Committee of Chicopee v. Massachusetts Commission Against Discrimination
| Decision Date | 07 March 1972 |
| Citation | 280 N.E.2d 404,361 Mass. 352 |
| Parties | , 4 Fair Empl.Prac.Cas. (BNA) 474, 4 Empl. Prac. Dec. P 7701 SCHOOL COMMITTEE OF CHICOPEE v. MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Edward F. Valego and John P. Moylan, Asst. City Solicitors, on brief, for the School Committee of Chicopee.
Robert H. Quinn, Atty. Gen., and Stephen R. Ross, Deputy Asst. Atty. Gen., on brief, for Mass. Comm. Against Discrimination.
Before TAURO, C.J., and CUTTER, QUIRICO, BRAUCHER and HENNESSEY, JJ.
Edward A. Janasz (the complainant) filed a complaint with the Massachusetts Commission Against Discrimination (Commission) against the School Committee of Chicopee alleging that he was denied employment as a teacher solely because of age. After hearing, the Commission ruled that the school committee discriminated against the complainant on account of age and ordered that he be hired as a teacher in the Chicopee school system. The Commission's order was affirmed by a final decree entered in the Superior Court. The school committee appeals from the final decree.
The Commission made several findings of fact. It found that the complainant was forty-nine years of age, that he held degrees in the fields of business and education, that he was certified to teach in Massachusetts and that he had been a teacher of business courses in the Chicopee school system from 1955 through 1959. The Commission also found that, after a period of further education and other employment, the complainant, in 1962, applied for an administrative assistant's position and a teaching position in the Chicopee system.
The Commission further found that until August, 1964, the superintendent of the Chicopee public schools was unaware of the existence of G.L. c. 151B, §§ 4, 5, as those sections pertain to discrimination on account of age, that during the period of time in which the complainant made application for a teaching position the superintendent had in at least a few instances circled the age of applicants on application forms, that the Chicopee school committee had considered the age of applicants in determining whether or not it would recommend that a particular applicant be hired and that in April, 1964, one Barbara Jean Grabiec, twenty-four years of age, was hired to teach business courses in the Chicopee school system.
Finally, the Commission found that at the time the complainant left the Chicopee school system in 1959, he was in good standing and was considered a highly qualified teacher of business courses, that between the time he left the system in 1959 and reapplied in 1962, no official of the Chicopee system had an opportunity to observe the complainant's classroom teaching and that from April, 1962, to the time of the hearing there were teaching positions available in which the complainant was qualified to teach.
General Laws c. 30A, § 11(8), inserted by St.1954, c. 681, § 1, provides that (emphasis added). Strong v. Massachusetts Commn. Against Discrimination, 351 Mass. 554, 556, 222 N.E.2d 885. Likewise, G.L. c. 151B, § 5, provides that 'the...
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