Core-Boykin v. Boston Edison Co.

17 Mass. L. Rptr. 577
CourtMassachusetts Superior Court
DecidedApril 13, 2004
DocketNo. 015156E
StatusPublished

This text of 17 Mass. L. Rptr. 577 (Core-Boykin v. Boston Edison Co.) 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
Core-Boykin v. Boston Edison Co., 17 Mass. L. Rptr. 577 (Mass. Ct. App. 2004).

Opinion

Hines, J.

Introduction

The plaintiff, Tahona Core-Boykin, has been employed by the defendants, Boston Edison Company (“Boston Edison") and NSTAR Gas and Electric Corporation (“NSTAR”)1 since 1985. On April 12, 1999, plaintiff filed a charge of discrimination in the MCAD. She filed a second charge alleging retaliation on September29, 1999. On November 28,2001, Core-Boykin filed this Complaint alleging gender discrimination (Count I), sexual harassment (Count II), race discrimination (Count III), retaliation (Count IV), and “combination gender-race-retaliation” discrimination (Count V). The defendant filed this motion for summary judgment as to all counts. For the reasons set forth below, the motion is DENIED in part and ALLOWED in part.

BACKGROUND

From the evidence in the summary judgment record, considered in the light most favorable to the plaintiff, a jury could find the following facts. Plaintiff has been continuously employed by Boston Edison since 1985, first as a Substation Operator and since 1994 as an Operating Mechanic. In 1986, plaintiff was invited to participate in the Operating Mechanic Apprentice Program. Successful completion of the apprenticeship required plaintiff to perform numerous on-the-job-training (“OJT’) tasks from level 1 through level 12 and to pass written examinations to demonstrate her competency at each stage of the training. After completion of the training, Core-Boykin expected to graduate to the position of Qualified Level 12 Grade B Operating Mechanic (“Qualified Operating Mechanic”). Once so qualified, Core-Boykin would enjoy all the attendant perquisites and benefits, including a degree of autonomy in performing the required duties. Core-Boykin was the only black female [578]*578in her division and reporting area and the first black female Operator Mechanic to be supervised by John Rabbit.

The transition from apprentice to Qualified Operating Mechanic was difficult for Core-Boykin. Her supervisor, Rabbit, was responsible for overseeing the training and testing necessary for plaintiff to graduate to the Qualified Operating Mechanic position. At various times along the way, however, Rabbit resisted assigning plaintiff the required tasks. When CoreBoykin did perform OJT tasks, Rabbit refused on some occasions to review them for proficiency. Frustrated with the delay on one particular task, Core-Boykin sought the assistance of the union steward who arranged for another supervisor to review the plaintiffs work. This supervisor, who happened to be a black male, signed Core-Boykin’s OJT sheet certifying that she had performed the required tasks. When Rabbit learned about the signing of the OJT sheet, he attempted to persuade Edison to reject the black supervisor’s signature. His efforts failed when Edison decided to accept the signature and credit CoreBoykin with the tasks.

On January 22, 1999, Core-Boykin was scheduled to take an OJT examination. On the day of the examination, however, Rabbit ordered Core-Boykin to appear for a random drug test.2 Core-Boykin perceived this order as another example of Rabbit’s efforts to frustrate her advancement. Nonetheless, she followed Rabbit’s order and went instead to take the drug test. Later that day, Rabbit spoke to Core-Boykin sharply, accusing her of insubordination and threatening a reprimand for her refusal to take the drug test. After some discussion, Core-Boykin persuaded Rabbit that she had in fact taken the test and the matter was dropped. Core-Boykin felt humiliated by Rabbit’s conduct and saw it as another example of a pattern of hostile treatment because of her sex and race. Thereafter, on April 12, 1999 Core-Boykin filed her first charge of gender and race discrimination with the MCAD.

On April 28, 1999, Core-Boykin requested in writing an OJT assignment involving wiring circuits and removing old gaskets. Core-Boykin understood that this would be the last assignment before taking the final OJT test. Even though Rabbit is a licensed electrician, an Edison supervisor responded that no licensed electricians were available to oversee this task. Instead, Core-Boykin was sent to a construction unit where, she was told, she needed to go to complete the task. It was not until August 20, 1999 that plaintiff was able to complete the OJT exam. Until that time, she was an “unqualified Level 12" which meant that she had to work under the "tag" of a qualified Level 12.

Shortly after her assignment to the construction unit and after the filing of her discrimination charge at the MCAD, a clay penis appeared in the window. Core-Boykin was offended by the object. After it remained on display for several weeks, she removed it from view. She delivered it to her attorney who in turn complained to Edison. Edison initiated an investigation during which Core-Boykin was required to describe the offending phallus in front of her male co-workers. At a follow-up sexual harassment training meeting, plaintiff became upset and left because she perceived that the form and content of the meeting exacerbated the conditions she was then facing. The co-workers suspected of having installed the phallus were present at the training. In addition, some of Core-Boykin’s co-workers expressed to her their unhappiness at having to appear at sexual harassment training “because of [her] complaints.” Thereafter, Core-Boykin received the “silent treatment” from her co-workers.

At the same time that Core-Boykin was experiencing difficulties in making the transition from apprentice to Qualified Operating Mechanic, she was being subjected to harassment and disparate treatment by her supervisors and co-workers. She alleges a series of incidents, many of which are not disputed by the defendant,3 in which she was targeted for harassment because of her sex and/or race. In 1994, a supervisor referred to Core-Boykin as a “dark cloud” over his head. In 1996, plaintiffs tools were stolen from her lockbox while she was out on leave. Her supervisor, John Rabbit, had a key to her lockbox giving him access to her tools. Until Boston Edison replaced the tools, she was assigned to non-technical janitorial duties such as cleaning the bathroom and sweeping the floors. In 1998, Core-Boykin’s purse containing her Boston Edison identification card was stolen while she was at work. Although Rabbit would not allow her to use company time to obtain a new photo identification card, he granted this privilege to white male employees. In March 1998, Core-Boykin requested that Rabbit allow her to work on her day off and take off another day so that she could take her daughter to a heart specialist. Rabbit denied her request even though he allowed similar requests from white or male employees. Also, since at least 1998, Core-Boykin was denied overtime on an equal basis with her white, male co-workers. When Core-Boykin returned from maternity leave in June 2000, she was the only employee who did not have a working phone or pager. Without a working phone or pager, she had to drive off-site to a pay phone for instructions and then return to the work-site to complete her assigned task. Additionally, because Core-Boykin was not supplied with the same fire retardant clothing supplied to her white male co-workers, she was required to work without this necessary precaution. In the fall of 2000, a co-worker referred to Core-Boykin and a black female contractor as “cocoa puffs” and “bitches.”

DISCUSSION

A court will grant summary judgment where there are no genuine issues of material fact and where the [579]

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Bluebook (online)
17 Mass. L. Rptr. 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/core-boykin-v-boston-edison-co-masssuperct-2004.