Michel v. Factory Mutual Engineering Corp.

9 Mass. L. Rptr. 200
CourtMassachusetts Superior Court
DecidedOctober 2, 1998
DocketNo. 90939
StatusPublished

This text of 9 Mass. L. Rptr. 200 (Michel v. Factory Mutual Engineering Corp.) 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
Michel v. Factory Mutual Engineering Corp., 9 Mass. L. Rptr. 200 (Mass. Ct. App. 1998).

Opinion

Gants, J.

The plaintiffs, Eddy Michel (“Michel”) and Lederne Breneville (“Breneville”), have filed suit against their former employer, the defendant Factory Mutual Engineering Corporation (“Factory Mutual”), alleging that Factory Mutual discriminated against them on the basis of their race (African-American) and national origin (Haitian), and retaliated against them because they opposed its discriminatory practices, all in violation of G.L.c. 15 IB, §4. In short, the plaintiffs make three separate allegations:

1. that Factory Mutual failed to act reasonably in addressing the three instances in which racial graffiti targeted at them was written on the walls of the employees’ men’s room;
2. that Factory Mutual harassed them because of their race and national origin, and in retaliation for their complaints about the racial graffiti, by adding new and unpleasant duties to their workday; and
3. that Factory Mutual terminated them from employment because of their race and national origin, and in retaliation for their calling the police to complain about their immediate supervisor’s use of racially denigrating language.

All parties agreed to waive their right to a jury trial, and a bench trial was conducted over six days from August 25 through September 1, 1998. Based on the trial testimony, the exhibits admitted into evidence, and the stipulations of counsel, I make the following findings of fact and conclusions of law.

Findings of Fact

Factory Mutual, based in Norwood, Massachusetts, is primarily in the business of providing certain insurance-related services to the several insurance companies that own it, but it also owns and operates a Conference and Lodging Center (“Conference Center”) at its Norwood headquarters, which provides conference room, dining room, and lodging to any organization looking for conference facilities.

Breneville, an African-American bom and raised in Haiti, began his employment with Factory Mutual on November 17, 1988 as a “coffee server” with a starting salary of $7.25 per hour.1 His job was to provide coffee and pastries to conference participants in accordance with the wishes of the participants, generally before the morning session began, at mid-morning, and at mid-afternoon. His normal work hours were from 6:30 a.m. until 2:30 p.m., when the evening shift began.

Michel, also an African-American born and raised in Haiti, began work with Factory Mutual in January 1989, also as a coffee server. He received a starting salary of $7.50 per hour, but worked the same hours as Breneville and performed the same tasks.2

Both Breneville and Michel are native French-speakers, who speak English with a strong accent. They were less fluent in English when they worked at Factory Mutual, eight years ago, than they are today, having lived in this country continuously since that time. Both are legal resident aliens, lawfully residing and working in the United States.

When they were first employed, both Breneville and Michel reported directly to a group leader, Lisa Barsanti, who reported to Russell Goulet, the Food and Beverage Manager at the Conference Center. Goulet, in turn, reported to Roger Barrett, the Manager of the Conference Center, who reported to Factory Mutual Vice-President Matoon, who reported to Factory Mutual President and Chief Executive Officer, John Love.

When Breneville first began his employment, he was told that, if he performed satisfactorily, he would soon receive a pay raise and Factory Mutual made good on that pledge. On February 6, 1989, Goulet prepared a Promotion Potential Record that gave Breneville a rating of “3A” for his present performance. Under the Performance Appraisal Discussion Guide, a rating of “3A” was defined as: “The rate of learning or success in meeting performance standards is entirely satisfactory.”3 The Promotion Potential Record was not intended as a performance appraisal but rather was a prerequisite to the approval of a wage increase. Routinely, it was forwarded to Barrett for approval and determination of the amount of the increase. As a result of this Promotion Potential Record, Breneville’s wage increased to $7.59 per hour, effective March 27, 1989.

In June 1989, someone wrote in magic marker on the walls of the bathroom in the locker room used by the Conference Center’s kitchen and maintenance staff, in large letters: “No black people around pool deck.”4 At the time, the plaintiffs were the only black employees of the Conference Center. They believed the racial graffiti was directed at them, and this both shocked and upset them, since they had never before been the targets of such blatant racial attacks. They reported the graffiti to Goulet, who reported it to the Personnel Division and took steps to have the graffiti promptly removed. Goulet spoke with the plaintiffs about the graffiti, telling them that he sympathized with their distress, that it was wrong for such graffiti to have been written, and that the author must be mentally sick. He asked them if they had any idea as to who may have done it, and they did not. He urged them to put the matter aside and not allow it to interfere with their work.5 No further action was taken by Factory Mutual.

Around August 1989, someone wrote at the entrance to the same locker room, again in magic marker in large lettering, “We hate wite [sic] people." The plaintiffs again reported the racial graffiti to Goulet. He again took steps to remove it and spoke to them about it in much the same way he had spoken with them after the first incident. This time, however, the [202]*202Personnel Division took a more active role in managing the problem. Janice Smith (then Factory Mutual’s Manager of Employee Relations), Barrett, and Goulet met with all Conference Center employees in two meetings, one for day staff and the other for evening staff. The message delivered at these two meetings was essentially the same: the employees were told that there had been two racial graffiti incidents, that the writing of such graffiti was wrong and would not be tolerated, that anyone with information as to who was responsible for the graffiti should provide it in confidence, and that the person who wrote the graffiti, when discovered, would be immediately dismissed. Goulet invited Michel to come to the meeting for day employees, but he did not attend, claiming that he was too busy with work and knew what was going to be said. Breneville was not specifically invited by Goulet but he learned of the meeting and chose not to attend; instead, he ate lunch in a separate dining room near the large dining room where the meeting was being held, close enough to see the meeting but not close enough clearly to hear what was being said. '

On September 25, 1989, more racial graffiti was written in the men’s locker room, also in magic marker and large lettering: “We hate black people in our kicten (sic). Fuck you blacks.” The defendants recognized this graffiti to be even more threatening than the despicable graffiti that came before, because it was more violent and personal in its tone, and they feared for their safety. Breneville photographed the graffiti, and Michel telephoned the police. A Norwood police officer came to the Conference Center, observed the graffiti, and prepared a report.

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9 Mass. L. Rptr. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michel-v-factory-mutual-engineering-corp-masssuperct-1998.