MCAD Digest: Harper v. Z2A Enterprises…Employee Wins Sexual Harassment Case Following Default Hearing

Overview: In Harper v. Z2A Enterprises, the MCAD found in favor of the Complainant, awarding emotional distress damages and three months of back pay in a sexual harassment claim against the operator of the Half Time Sports Bar and Grill. The Respondents failed to appear at the hearing, and an Order of Entry of Default was noted on the record.

The Complainant put forth unrebutted evidence establishing that she was sexually harassed and subjected to a hostile work environment by the conduct of her immediate supervisor. The “extremely abusive and degrading behavior” included physical assaults, verbal abuse, sexual taunts, and sexually suggestive comments in the presence of customers and subordinates. The hearing officer found that the Complainant was constructively discharged because she legitimately believed that there was no recourse but to quit.

Decision Date: August 15, 2016

Docket Number: 14-BEM-02015

Hearing Officer: Eugenia M. Guastaferri

Claims: Sexual harassment and constructive discharge

Prevailing Party: Complainant

Back Pay: $6,000

Front Pay: $0

Emotional Distress: $50,000

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