Overview: In Tinker v. Securitas Security Services and Hussain, the MCAD found in favor of the Complainant and awarded emotional distress damages for discrimination based on sex/gender, gender identity, and sexual orientation. The Complainant, who previously identified as a woman and a lesbian, notified the Respondent that he was transgender and was transitioning to a man. There was credible testimony that the Complainant’s direct supervisor persisted in making very offensive comments, first about the Complainant’s female gender and sexual orientation and then later about his about his transgender identity.
The hearing officer concluded that Securitas did not take seriously any of the concerns that the Complainant raised with managers. Further, denials about being on notice of the conduct were not credible because the offender was a supervisor, and an employer “is vicariously liable for unlawful harassment committed by as supervisor upon whom it confers authority.” The offending supervisor was also individually liable as the perpetrator of the harassment.
Decision Date: August 9, 2016
Docket Number: 13-BEM-01906
Hearing Officer: Eugenia M. Guastaferri
Claims: Employment discrimination based on sex/gender, gender identity, and sexual orientation
Prevailing Party: Complainant
Back Pay: $0
Front Pay: $0
Emotional Distress: $50,000
- Do you have an employment law issue? / Contact → David Conforto
- Our success representing employees / Our Work → Success Stories
- Be Selective / Choose Us → Client Testimonials
Your Success ǀ Our Goal. Let us help.