Holden v. Commission Against Discrimination of Massachusetts

671 F.2d 30, 28 Fair Empl. Prac. Cas. (BNA) 47
CourtCourt of Appeals for the First Circuit
DecidedFebruary 17, 1982
DocketNos. 81-1046, 81-1073
StatusPublished
Cited by3 cases

This text of 671 F.2d 30 (Holden v. Commission Against Discrimination of Massachusetts) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holden v. Commission Against Discrimination of Massachusetts, 671 F.2d 30, 28 Fair Empl. Prac. Cas. (BNA) 47 (1st Cir. 1982).

Opinion

BOWNES, Circuit Judge.

Elizabeth Holden appeals from the decisions of the district court dismissing her claims under 42 U.S.C. §§ 1983, 1985, and 1988 (the Civil Rights Acts) against the Massachusetts Commission Against Discrimination (MCAD) and two former Commissioners, Douglas Scherer and Francis Lynch, and granting defendants’ motion un[32]*32der Fed.R.Civ.P. 41(b) to dismiss her Title VII claim. The Civil Rights Acts claims were dismissed as time-barred. The district court dismissed the Title VII claim, 42 U.S.C. § 2000e et seq., on the ground that at the close of her evidence Holden had failed to establish a right to relief. We are presented with questions concerning the application of the appropriate statute of limitations to claims under the Civil Rights Acts and the evidentiary burdens imposed on parties in a Title VII case. We have jurisdiction under 28 U.S.C. § 1291.

Holden, a black woman, was employed as a public information officer at MCAD from March or April, 1970, until August 31, 1973, when she was dismissed. Holden claims that her dismissal was racially motivated; defendants argue that it was based on other, legitimate reasons. By way of background, we review briefly the evidence presented in plaintiff’s case. When she was hired, Holden never received a written description of her position, but her principal tasks were to obtain publicity for the MCAD, to both advertise the agency’s accomplishments and inform the Massachusetts public of the MCAD’s availability to hear discrimination complaints, and to prepare reports summarizing the MCAD’s work. Holden’s job and her performance went smoothly until Scherer was appointed to the MCAD. Holden’s evidence painted a most unattractive portrait of life at the MCAD after Scherer’s arrival; petty political interests dominated the activities of most of the upper-level officials. Based on evidence submitted to the district court, it is fair to say that Scherer arrived at the MCAD intent on dominating (if not taking over) the agency, although he was not chairperson. Scherer attempted to reorganize the agency with the result that there was much confusion between Holden and the Commissioners as to whom Holden reported. Apparently loyal to the then-chairperson, Glendora Putnam, Holden resisted to some degree the efforts of Scherer to oversee her work. She continued to work intently, perhaps too much so, according to Putnam. On the other hand, evidence was also presented of cooperation between Holden and all of the Commissioners and of the Commissioners’ satisfaction with much of Holden’s work. Apart from Holden’s own experience, some blacks at the MCAD received less favorable treatment than whites in certain respects, but other blacks, such as Putnam and Holden’s successor as public information officer, appeared not to have been subjected to any disparate treatment.

The tension between Holden and the Commissioners came to a head on May 3, 1973, when Holden learned from Scherer and Lynch that she would be discharged. She was in fact fired by vote of 2-1 of the Commission, Scherer and Lynch in favor and Putnam dissenting. On May 4, 1973, Holden filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging race and sex discrimination. The EEOC referred the complaint to the counterpart state agency, MCAD, which because it was Holden’s employer, declined to act for conflict of interest reasons and returned the matter to EEOC on May 10, 1973. On August 31,1973, the EEOC sent a right-to-sue letter to Holden, which she received on September 4. She subsequently filed a complaint on November 28, 1973, charging that MCAD had discriminated against her on the basis of race and sex in violation of 42 U.S.C. § 2000e-2. Apparently because of Holden’s difficulty in finding and keeping legal counsel, the complaint was not served on MCAD until June 11,1975. Holden moved to amend her complaint on July 13, 1979, dropping the sex discrimination allegation, adding claims under 42 U.S.C. §§ 1983, 1985, and 1988 for violation of her first amendment, equal protection, and due process rights, and adding as defendants Scherer and Lynch. By order of December 27, 1979, the district court allowed the amendments.

The district court granted summary judgment for the defendants on the Civil Rights Act claims. The court held that under our decision in Burns v. Sullivan, 619 F.2d 99 (1st Cir.), cert. denied, 449 U.S. 893, 101 S.Ct. 256, 66 L.Ed.2d 121 (1980), the limitations period applicable to those claims was six months, as provided in Mass.Gen.Laws [33]*33Ann. ch. 151B, § 1 ei seq. Even though deciding that the amended claims related back to the time of the filing of the original complaint, the district court found that the limitations period had begun to run on May 3, 1973, the day Holden learned of her discharge, and had expired before November 28, the day the original complaint was filed. The claims were therefore held to be time-barred.

The action did proceed to trial on the Title VII claim of racial discrimination. At the close of plaintiff’s case, defendants moved to dismiss under Fed.R.Civ.P. 41(b). The district court granted the motion, finding that Holden had failed to show that her dismissal was the result of race discrimination and that she had been discharged for a legitimate reason, failure to accept the directions of all of the Commissioners of MCAD. The district court was not persuaded that evidence of disparate treatment of blacks and whites at MCAD raised an inference of illegal discrimination against Holden when the direct evidence concerning Holden’s discharge revealed no such motive.

The first issue is the applicable statute of limitations. Two questions confront us: what is the appropriate limitations period for Civil Rights Acts claims, and when does the period begin to run. The answer to the first question is dictated by our recent opinions in Hussey v. Sullivan, 651 F.2d 74 (1st Cir. 1981) (per curiam), and Burns v. Sullivan, 619 F.2d 99. The applicable limitations period here is six months. In Burns, we held that in Massachusetts a claim of race discrimination under 42 U.S.C. §§ 1983

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671 F.2d 30, 28 Fair Empl. Prac. Cas. (BNA) 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holden-v-commission-against-discrimination-of-massachusetts-ca1-1982.