Overview: In Pavoni v. Wheely Funn Inc., the MCAD found in favor of the Respondent and dismissed the complaint alleging quid pro quo sexual harassment and retaliation against a roller skating rink owner. The Complainant did establish a prima facie case based on the temporal proximity between her rejection of the business owner’s advances and her termination, which were less than four apart. The Respondent’s staff provided credible testimony, however, that the Complainant had chronic problems with tardiness, frequent breaks, and inattentiveness.
The hearing officer further found that the owner did not “behave like a scorned suitor” after finding out that the Complainant did not reciprocate his feelings, but instead “assured her that her rejection of a personal relationship would not affect her job, turned his attention to dating other women, and promptly met his current wife.” Failure to meet job expectations was what ultimately led to the Complainant’s termination.
Decision Date: September 26, 2016
Docket Number: 11-SEM-01208
Hearing Officer: Betty E. Waxman
Claims: Sexual harassment and retaliation
Prevailing Party: Respondent
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