Harper v. Commonwealth of Massachusetts Executive Office of Transportation

30 Mass. L. Rptr. 562
CourtMassachusetts Superior Court
DecidedNovember 30, 2012
DocketNo. HDCV200900335
StatusPublished

This text of 30 Mass. L. Rptr. 562 (Harper v. Commonwealth of Massachusetts Executive Office of Transportation) 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
Harper v. Commonwealth of Massachusetts Executive Office of Transportation, 30 Mass. L. Rptr. 562 (Mass. Ct. App. 2012).

Opinion

Josephson, Bertha D., J.

The plaintiff brought suit against the defendants, the Commonwealth of Massachusetts Executive Office of Transportation (“EOT’) and the Commonwealth of Massachusetts Registry of Motor Vehicles (“RMV”), for employment discrimination based on sexual harassment and retaliation in violation of G.L.c. 151B. After trial before a jury, a verdict was returned for the plaintiff on both counts against the EOT and RMV (collectively “the Commonwealth”). The jury awarded the plaintiff compensatory and punitive damages.

After trial, pursuant to G.L.c. 15 IB section 9, the plaintiff filed requests for attorneys fees and costs totaling $102,744,87. The defendants moved (1) to amend the judgment to correct a clerical error, pursuant to Mass.R.Civ.P., Rule 60(a), (2) for remittitur, pursuant to Mass.R.Civ.P., Rule 59(a), and (3) for judgment notwithstanding the verdict pursuant to Mass.R.Civ.P., Rule 50(b) or in the alternative for anew trial, pursuant to Mass.R.Civ.P., Rule 59(a).

BACKGROUND

The matter was tried before the Court to a juiy commencing on April 17, 2012, and ending with the juiy’s verdict rendered on April 30, 2012. The defendants moved for a directed verdict both at the close of the plaintiffs case and at the close of all the evidence on grounds that the plaintiffs evidence, when viewed in the light most favorable to the plaintiff, was insufficient as a matter of law and that all the evidence was insufficient in law to form the basis for a verdict for the plaintiff, respectively. The motions for direct verdict were denied. On April 30, 2012, the jury returned a verdict for Ms. Harper and against the Commonwealth on both counts awarding her $70,000.00 in compensatory damages and $375,000 in punitive damages.2 The evidence when viewed in the light most favorable to the plaintiff reasonably warranted the jury finding the facts stated below.

The plaintiff, Colleen Harper, is a graduate of St. Mary’s High School and began working at the Registry of Motor Vehicles (“RMV”) in 1993, as a part-time Typist II. In 1994, she began working full-time in that capacity and was promoted several times until she became a Clerk Supervisor in 1999. From April 2002 through April 2007, she was Clerk V Supervisor in charge of the RMVs Chicopee branch. She was supervisor of five to six clerks. She received positive performance evaluations from her supervisors repeatedly throughout her career with the RMV and was viewed by her supervisors as a knowledgeable, conscientious, loyal and dedicated employee.

Thomas Manning began working at the RMV in 2001 as an Auditor I and for the EOT in 2005 in the same capacity. In September 2007, he was promoted to Auditor II. The auditors’ responsibilities include auditing the work of clerks at the RMV to check for errors. In that capacity, Mr. Manning oversaw the accuracy of Ms. Harper’s work and submitted audit reports to her direct supervisors.

Beginning in early 2006, Mr. Manning started making crude and vulgar remarks to Ms. Manning when the two were alone in the Chicopee office. Ms. Harper would arrive at the office between 7:30 AM and 7:45 AM to make sure that the office was ready to open at 8:30 AM. Other clerks usually arrived at about 8:25 AM. Oftentimes, Mr. Manning would be waiting outside the office when Ms. Harper arrived and would go into the office with her. During these times when they were alone, Mr. Manning often made comments to Ms. Harper regarding having had oral sex with his wife. He would also refer to female genitalia in crude language to Ms. Harper. Mr. Manning also made references to Ms. Harper’s breasts. Ms. Harper was offended and did not encourage Mr. Manning to make the remarks to her. Instead, she responded by telling him to stop. Mr. Manning’s activity in this regard continued.

Ms. Harper complained to her immediate supervisors in the Springfield RMV office, Cathy Sparks and Donna Brown, numerous times about Mr. Manning’s sexually-related conduct. Ms. Harper was told by Ms. Sparks, that it was just ‘Tom being Tom.” As the activity continued, Ms. Harper found it increasingly difficult to be in Mr. Manning’s presence and at times felt physically ill being around him. When he was in the Chicopee office conducting audits, he often interrupted the clerks as they were attending to customers and was disruptive to the flow of business in the office.

At the office Christmas parly in 2006, Mr. Manning said in Ms. Harper’s presence that he was getting new breasts for his wife for Christmas. Mr. Manning also made comments in the office to Ms. Harper that “your headlights are on” referring to Ms. Harper’s breasts. Sometime in the spring 2007, while retrieving an item from a file cabinet at the Chicopee office, Mr. Manning [563]*563was crouched behind Ms. Harper’s desk in such a way that when Ms. Harper moved from her desk his face came in contact with her crotch. Ms. Harper was upset by all of these occurrences and continued to complain about Mr. Manning’s conduct.

In March 2007, Mary Ellen Tacy, an RMV clerk, was reassigned to Chicopee to fill in for two weeks. During that time, while she was in the break room having Oreo cookies and milk, Mr. Manning made a comment to her to effect of having had something similar on his upper lip when he “went down on [his] wife last night. ” Ms. Tacy told him he was disgusting and that she would call her cousin who is a lawyer if he continued. Ms. Tacy’s reaction was overheard by Belinda Houldston, another worker in the office. Ms. Tacy reported the comment to her supervisor, Ms. Harper. Ms. Harper immediately called Ms. Brown and told her in Ms. Tacy’s presence what had happened. Ms. Brown told Ms. Harper that Ms. Tacy would be returning to her usual post elsewhere and Ms. Harper would be coming to the Springfield office soon, so she should “let it go.” Ms. Houldston also overheard Ms. Harper around this time complaining that she was “sick of hearing about Tom’s sex life.” Shortly after these events, a crude sexual remark by Mr. Manning caused Ms. Harper became so upset that she shouted at Mr. Manning and abruptly left the office through the back door. After being gone for about five minutes, she returned and apologized to her workers who had heard her shouting at Mr. Manning and witnessed her abrupt departure.

Within weeks, Ms. Harper was transferred to the Springfield office in an equivalent capacity. Mr. Manning’s office was in the Springfield RMV. Ms. Harper had a desk at the back of the RMV and would see Mr. Manning every day. After Ms. Harper’s outburst in the Chicopee office and her last complaint to her supervisors about Mr. Manning’s behavior, he stopped making sexual comments and stopped speaking to her altogether. He would shut the door as she was about to come through it and would not move out the way when she needed to walk past. Ms. Harper complained to Ms. Brown and Ms. Sparks about Mr. Manning’s unprofessional conduct.

Ms. Harper did not know how much of her work was now being audited by Mr. Manning. Ms. Sparks told her that her name was now being cited over and over for many mistakes and she should attend retraining. Ms. Harper was unaware of all the errors Mr. Manning had found. She learned of mistakes attributed to her concerning not registering licensees to vote or not determining if licensees wished to be organ donors. The licensees, however, were sixteen years old and not able to be signed up for either. Mr. Manning was critical in his audit of her for other alleged errors as well. Ms. Harper felt Mr. Manning was singling her work out for undue scrutiny and was unnecessarily critical of her work. In June 2007, Ms.

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Bluebook (online)
30 Mass. L. Rptr. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-commonwealth-of-massachusetts-executive-office-of-transportation-masssuperct-2012.