Articles Posted in Sexual Harassment

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Overview: In Picco v. Town of Reading, the MCAD found in favor of the Complainant and awarded emotional distress damages. This is the MCAD’s second decision in 2016. Although this case began based on causes of action for sexual orientation and perceived sexual orientation, the hearing officer noted that the evidence presented at public hearing did not show that the Complainant is gay or was perceived as such. The MCAD noted that “[s]uch a discrepancy is not fatal, however, because the crux of the charge is that Complainant was subjected to homophobic names and a sexual assault by Lt. Stamatis.” In doing so, the hearing officer concluded that the Complainant stated a claim for sexual harassment based on the homophobic slurs directed at him.

Decision Date: February 26, 2016

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Before proceeding to trial, an employment discrimination case in court must survive a hurdle in the procedural process known as summary judgment, which is governed by Federal Rule of Civil Procedure (FRCP) 56 and Massachusetts Rule of Civil Procedure (MRCP) 56. As discussed here, the process is different when an employment discrimination case remains under the jurisdiction of the Massachusetts Commission Against Discrimination.

Under federal law, three Supreme Court decisions handed down in 1986, referred to as The Trilogy, examined the summary judgment standard. In Anderson v. Liberty Lobby, the Supreme Court characterized the summary judgment inquiry as “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” In doing so, the Supreme Court delineated the province of the jury:

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