Where a defendant employer was granted summary judgment on a claim of retaliation, that judgment must be reversed because the plaintiff provided sufficient evidence that the employer knew or should have known about the retaliatory acts directed at her.
“Following a hearing in the Superior Court, a judge ordered summary judgment to enter for the defendant, the Department of Correction (DOC), on the plaintiff, Kate Ferrie’s, complaint for retaliation in violation of G.L.c. 151B, §4(4). Ferrie appeals, claiming there are genuine issues of material fact as to whether the DOC knew that Ferrie was subjected to retaliation. She also claims that the judge erred in failing to consider recent precedent. Concluding that there are genuine issues of material fact, we reverse the judgment. …
“… Here, Ferrie alleged that she engaged in protected activity by reporting sexual harassment, and that as a result, she was harassed by her coworkers, investigated by the DOC, and terminated.
“On the DOC’s motion for summary judgment, the judge ruled, and we agree, that Ferrie’s report of sexual harassment was a protected activity and that there was sufficient evidence ‘to support an inference that the allegedly retaliatory acts were casually connected to [that] report.’ The remaining question is whether, for purposes of summary judgment, Ferrie provided sufficient evidence that the DOC knew or should have known about the retaliatory acts directed at Ferrie. The judge concluded that the evidence...
This website uses certain cookies, pixels and similar tracking technologies in order enhance site navigation, analyze site usage, and assist in our marketing efforts. Certain information collected ...