Broadway Brake Supply, Inc. v. Massachusetts Commission Against Discrimination

7 Mass. L. Rptr. 264
CourtMassachusetts Superior Court
DecidedJune 12, 1997
DocketNo. 9503023F
StatusPublished

This text of 7 Mass. L. Rptr. 264 (Broadway Brake Supply, Inc. v. Massachusetts Commission Against Discrimination) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Broadway Brake Supply, Inc. v. Massachusetts Commission Against Discrimination, 7 Mass. L. Rptr. 264 (Mass. Ct. App. 1997).

Opinion

Smith, J.

The plaintiff Broadway Brake Supply, Inc. (“Broadway”) brings this action pursuant to G.L.c. 30A, § 14 for judicial review of a trial decision and order of the Massachusetts Commission Against Discrimination (“MCAD”). Broadway requests that this court reverse MCAD’s Decision and Order and enter judgement in its favor. MCAD’s Decision and Order is AFFIRMED.

PROCEDURAL HISTORY

William Malone (“Malone”) filed a complaint with MCÁD on October 4, 1989, charging that Broadway violated G.L.c. 151B, §4(16) by refusing to hire him as an assistant auto mechanic because of his handicap. [265]*265The investigating commissioner found probable cause to credit Malone’s allegations, and on July 19, 1994, a hearing commissioner found that Broadway had discriminated against Malone when it failed to hire him. The hearing commissioner awarded Malone $5,760 in lost wages, with interest and $20,000 in damages for emotional pain and suffering, with interest. The Full Commission upheld the hearing commissioner’s award and further awarded Malone $10,600 in attorneys fees and $412.50 in litigation costs.

FACTS

In July of 1989, Malone completed an application to work as an auto mechanic’s assistant at Broadway. The position paid $6 an hour and the responsibilities included looking up parts and choosing the correct tools for the mechanic, driving to pick up and deliver parts, reading manuals, and keeping the work area clean. Malone indicated on his application that he was legally blind and that he would explain his disability upon request. On or about October 3, 1989, Ray Laferriere, a Broadway employee and manager of the Brockton store, called Malone for an interview. On October 4, 1989, Malone, wearing his corrective eye-wear equipment, went to Broadway for an interview. As Malone entered the premises, Charles D’Angelo, Broadway’s president, approached him and told him that he did not want people like Malone in the facility. Malone announced that he was there for an interview, and D’Angelo then questioned Malone’s ability to read and drive. Malone told D’Angelo that he had a learner’s permit for a driver’s license. D’Angelo told Malone to leave and he did not offer him the position. At the time D’Angelo told him to leave the premises, Malone needed approximately two more weeks to pass his driving test which would enable him to obtain a driver’s license.

As of October 4, 1989, Malone had completed one year of auto mechanic’s training at Somerville High School, had obtained a certificate in automotive mechanics from ITT Technical Institute, and had completed a course in basic small engine repair from NRJ Schools.

Optometrist Paulette Turco testified at the hearing that Malone’s corrective eyewear equipment enabled him to read, keep work areas clean, and drive. The eyewear equipment did not, however, enable Malone to drive at night or in inclement weather.

At the hearing, Broadway offered the following reasons for not hiring Malone: 1) hiring Malone would cause Broadway’s insurance rates to rise, 2) economic circumstances prohibited Broadway from hiring a new employee, 3) other candidates were more qualified, 4) Malone did not have a driver’s license, and 5) Broadway decided not to hire anyone to fill the position. The hearing officer found many inconsistencies in Broadway’s assertions and did not credit Broadway’s testimony regarding the reasons it refused to hire Malone.

Malone testified at the hearing that after Broadway rejected him he experienced anger, frustration, and depression. Since his confrontation with D’Angelo, Malone has been afraid to seek other employment, was forced to enter counseling for one year following the incident, and his marriage has dissolved.

DISCUSSION

1. Standard of Review

Broadway asserts that MCAD’s decision was arbitrary, excessive, and not supported by the evidence presented at the hearing. Further, Broadway asserts that it had a legitimate, nondiscriminatory reason for denying Malone a position as an auto mechanic’s assistant.

Pursuant to G.L.c. 151B, §6, a court must review the decision of the hearing commissioner in accordance with the standard of review set forth in G.L.c. 30A, §14(7). “In G.L.c. 151B, the Legislature has given the commission broad powers to receive, investigate and act on complaints of discrimination." East Chop Tennis Club v. Massachusetts Commn. Against Discrimination, 364 Mass. 444, 450 (1973). A reviewing court must “not lightly interfere with that mandate by permitting [its] judgment to be substituted for the commision’s [sic] on issues that lie within the latter’s designated field, [for] [t]o do so would render meaningless the administrative scheme enacted by the Legislature.” Id.

Accordingly, “the court must defer to the fact finding function of the commission where there is substantial evidence to support its findings and there is no other error of law." Wheelock College v. Massachusetts Commission Against Discrimination, 371 Mass. 130, 133 (1976). In determining whether the commission’s findings are based upon substantial evidence, the court must give due weight “to the experience, technical competence, and specialized knowledge of the agency, as well as to the discretionary authority conferred upon it." Bournewood Hospital, Inc. v. Massachusetts Comm’n. Against Discrimination, 371 Mass. 303, 317 (1976). “Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion.” Id. After careful review of the petition for appeal and the full record in this matter, this court finds that MCAD’s decision is supported by substantial evidence and that there is no error of law.

2. Shifting Burdens of Proof

General Law c. 151B, §4(16) provides that ”[i]t shall be an unlawful practice . . . [for any employer ... to . . . refuse to hire . . . because of his handicap, any person alleging to be a qualified handicapped person, capable of performing the essential functions of the position involved with reasonable accommodation, unless the employer can demonstrate that the accom[266]*266modation . . . would impose an undue hardship to the employer’s business.” The hearing commissioner found and this court agrees that Malone is legally blind and is a handicapped person as defined in G.L.c. 151B, §1(17) and Broadway is an employer as defined in G.L.c. 151B, §1(5).

Massachusetts courts have used two different standards to determine the burdens incumbent upon each party in handicap discrimination cases. The standards Massachusetts courts employ were first created in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), and Pushkin v. Regents of University of Colorado, 658 F.2d 1372 (1981). In McDonnell, a race discrimination case, the Supreme Court set forth a standard which placed upon the complainant the initial burden of demonstrating a prima facie case of discrimination. Id. at 802. Once the complainant established a prima facie case, the burden would then shift to the employer to articulate a legitimate, nondiscriminatoiy reason for the employer’s rejection of the employee. Id. If the employer could offer a legitimate reason for rejecting the employee, the complainant would then have the burden of proving that the employer’s stated reason for the rejection was merely a pretext for discrimination. Id. at 804.

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Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
East Chop Tennis Club v. Massachusetts Commission Against Discrimination
305 N.E.2d 507 (Massachusetts Supreme Judicial Court, 1973)
Wheelock College v. Massachusetts Commission Against Discrimination
355 N.E.2d 309 (Massachusetts Supreme Judicial Court, 1976)
Talbert Trading Co. v. Massachusetts Commission Against Discrimination
636 N.E.2d 1351 (Massachusetts Appeals Court, 1994)
Bournewood Hospital, Inc. v. Massachusetts Commission Against Discrimination
358 N.E.2d 235 (Massachusetts Supreme Judicial Court, 1976)
Beal v. Board of Selectmen
646 N.E.2d 131 (Massachusetts Supreme Judicial Court, 1995)
Franklin Publishing Co. v. Massachusetts Commission Against Discrimination
519 N.E.2d 798 (Massachusetts Appeals Court, 1988)

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Bluebook (online)
7 Mass. L. Rptr. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broadway-brake-supply-inc-v-massachusetts-commission-against-masssuperct-1997.