Pearson v. Massachusetts Bay Transportation Authority

887 F. Supp. 2d 327, 2012 WL 2839705, 2012 U.S. Dist. LEXIS 94658
CourtDistrict Court, D. Massachusetts
DecidedJuly 9, 2012
DocketCivil Action No. 08-11733-NMG
StatusPublished

This text of 887 F. Supp. 2d 327 (Pearson v. Massachusetts Bay Transportation Authority) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pearson v. Massachusetts Bay Transportation Authority, 887 F. Supp. 2d 327, 2012 WL 2839705, 2012 U.S. Dist. LEXIS 94658 (D. Mass. 2012).

Opinion

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiff Keith Pearson (“Pearson”) has filed suit against defendant Massachusetts Bay Transportation Authority (“MBTA”) for race discrimination and retaliation in violation of M.G.L. c. 151B, § 4 (“Chapter 151B”) and Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) (“Title VII”).

I. Background

Plaintiffs claims are based upon 1) his suspension from work in October, 2006 and his subsequent termination in May, 2007 as well as 2) discrimination and retaliation which allegedly persisted after an Arbitrator ordered his employment reinstated in October, 2007 and upon his return to work in January, 2008.

In March, 2012, this Court accepted and adopted a Report and Recommendation by Magistrate Judge Marianne B. Bowler that summary judgment enter in favor of the defendant on all of plaintiffs claims except the claim of race discrimination upon his reinstatement of employment. Magistrate Judge Bowler noted, and this Court agreed, that the defendant had neglected to move for summary judgment [329]*329with respect to that portion of the ease. Thus, the sole remaining claim left for this Court’s consideration is race discrimination in violation of Title VII and Chapter 151B based upon allegedly discriminatory actions plaintiff endured upon his reinstatement.

In May, 2012, the defendant, with leave of Court, filed a second motion for summary judgment, arguing that the remaining claims must be dismissed as unsupported and conelusory. Shortly thereafter, the defendant filed a supplemental memorandum in support of its motion for summary judgment to argue that the remaining claims must be dismissed due to plaintiffs failure to exhaust administrative remedies. Plaintiff has opposed the motion for summary judgment and denied that his claims are administratively foreclosed.

The facts underlying this case were summarized extensively in a prior order of this Court and will not be repeated here. Instead, the Court will assume familiarity with that record and will incorporate and/or supplement additional facts where necessary.

II. Analysis

A. Legal Standard

The role of summary judgment is “to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir.1991). The burden is on the moving party to show, through the pleadings, discovery and affidavits, “that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).

A fact is material if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “Factual disputes that are irrelevant or unnecessary will not be counted.” Id. A genuine issue of material fact exists where the evidence with respect to the material fact in dispute “is such that a reasonable jury could return a verdict for the nonmoving party.” Id.

Once the moving party has satisfied its burden, the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine, triable issue. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The Court must view the entire record in the light most favorable to the non-moving party and indulge all reasonable inferences in that party’s favor. O’Connor v. Steeves, 994 F.2d 905, 907 (1st Cir.1993). Summary judgment is appropriate if, after viewing the record in the non-moving party’s favor, the Court determines that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.

B. Application

In the absence of direct evidence of discrimination, the Court applies the well-established McDonnell Douglas burden-shifting framework to evaluate an employment discrimination claim. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Benoit v. Technical Mfg. Corp., 331 F.3d 166, 173 (1st Cir.2003). “Although created for use in Title VII cases, this framework is also applied when evaluating discrimination claims under Chapter 151B.” Benoit, 331 F.3d at 173.

Under that approach, a plaintiff must first establish a prima facie case of racial discrimination by demonstrating that 1) he belonged to a protected class (a racial minority), 2) he was performing his job at an acceptable level and 3) he suffered an adverse employment action. Sensing v. Outback Steakhouse of Fla., [330]*330LLC, 575 F.3d 145, 154 (1st Cir.2009). If the plaintiff is successful, the burden of production shifts to his employer “to articulate a legitimate, non-discriminatory reason for [its] employment decision and to produce credible evidence to show that the reason advanced was the real reason.” Id. If the employer offers such a reason, the burden shifts back to the plaintiff to prove that his employer’s justification is mere pretext for discriminatory animus. Id. “The ultimate burden of proving unlawful discrimination rests at all times with [the plaintiff].” Tobin v. Liberty Mutual Ins. Co., 433 F.3d 100, 105 (2005).

In his First Amended Complaint, Pearson alleged that, following his reinstatement, he suffered discrimination and retaliation by the MBTA as a result of the following:

1) delay in his return to work after the Arbitrator’s decision, delay in payment of backpay and an accusation of insubordination for failure to appear for a back-to-work physical examination;
2) after Pearson’s return to work, delay in submitting weekly paychecks and providing a computer (and then providing only a used computer with no printer or fax for support);
3) denial of voicemail and a separate office or phone line;
4) requiring Pearson to use an office at Cabot Tower South “under difficult and inappropriate conditions”;
5) subjecting Pearson to “unnecessary and uncalled for” Fitness for Duty Examinations;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Benoit v. Technical Manufacturing Corp.
331 F.3d 166 (First Circuit, 2003)
Sensing v. Outback Steakhouse of Florida, LLC
575 F.3d 145 (First Circuit, 2009)
Samuel Mesnick v. General Electric Company
950 F.2d 816 (First Circuit, 1991)
Patrick J. O'COnnOr v. Robert W. Steeves
994 F.2d 905 (First Circuit, 1993)
Kevin W. Tobin v. Liberty Mutual Insurance Company
433 F.3d 100 (First Circuit, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
887 F. Supp. 2d 327, 2012 WL 2839705, 2012 U.S. Dist. LEXIS 94658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-massachusetts-bay-transportation-authority-mad-2012.