Rosenberg v. Main Street Community Bancorp, Inc.

6 Mass. L. Rptr. 611
CourtMassachusetts Superior Court
DecidedJanuary 24, 1997
DocketNo. 943091
StatusPublished

This text of 6 Mass. L. Rptr. 611 (Rosenberg v. Main Street Community Bancorp, Inc.) 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
Rosenberg v. Main Street Community Bancorp, Inc., 6 Mass. L. Rptr. 611 (Mass. Ct. App. 1997).

Opinion

Spurlock, J.

Pursuant to Rule 56 of the Massachusetts Rules of Civil Procedure, defendant The Federal Savings Bank (“Bank”) moves for summary judgment on all counts of plaintiff Ann S. Rosenberg’s Complaint. For the reasons set forth below, defendant’s motion is allowed.

BACKGROUND

All counts of the complaint filed by plaintiff Ann Salk Rosenberg (“Rosenberg”) stem from alleged workplace discrimination against Rosenberg in violation of Massachusetts General Laws Chapter 151B.1 Rosenberg alleges that the Bank terminated' her employment because she suffers from multiple sclerosis; more specifically, Rosenberg alleges that the Bank feared that she would bring a claim for long-term disability benefits, and that this claim would injure the Bank financially.

In June 1989, Rosenberg spoke with James Masters (“Masters”), Manager of Commissioned Loan Originations at the Bank about an opportunity for employment at the Bank. During her preliminary employment discussions, Rosenberg told Masters that she had multiple sclerosis. Following preliminary discussions about Rosenberg’s possible employment at the Bank, Masters sent Rosenberg an unsigned Compensation Agreement which set forth the offered terms of employment. One of the terms was that Rosenberg’s life insurance and disability insurance would be determined on a base salary of $2,000 per month, or $24,000 annually.2 The Compensation Agreement also stated that the arrangement would remain in effect until an earnings history was established as a base in the future.

The Compensation Agreement did not explicitly provide for any increase in benefits, and Masters informed Rosenberg that he could not change the terms of the Compensation Agreement. Rosenberg believed, however, based on her conversation with Masters, that at the end of her first year the long-term disability benefits would be calculated based upon her actual earnings. Rosenberg was particularly concerned about long-term disability benefits because she wanted to ensure that her standard of living would not drop if she became unable to work due to an increase in the severity of her condition. The Compensation Agreement was executed on July 13, 1989.

Rosenberg began working at the Bank as a Mortgage Originator on or about July 17, 1989. The Commissioned Loan Origination (“CLO”) Department was composed of Rosenberg and two other originators, neither of whom was handicapped. During her employment at the bank, Rosenberg performed well as a mortgage originator, exceeding quotas set by the Bank. During her first year of employment with the Bank, Rosenberg earned more than $95,000.

At the end of her first year of employment, Rosenberg asked the Bank’s Vice President of Human Resources, Patricia Vallely (“Vallely”) whether her insurance benefits were going to be increased on the one-year anniversary of her employment. Vallely met with other Bank officials to discuss the terms of Rosenberg’s agreement with the Bank. The Bank then began to conduct a review of compensation packages for commissioned loan originators at area banks. After completing this survey, the Bank decided not to increase Rosenberg’s benefit package. Rosenberg was displeased by the decision not to increase her benefits, and arranged a meeting with Bank president Richard Gallant to discuss a benefit increase. Gallant and Rosenberg were unable to come to an agreement, and the meeting ended badly.

In the Spring of 1991, a dispute arose between Rosenberg and the Bank on the issue of where Rosenberg was to be allowed to park her car. The parking area at the Bank’s main office in Waltham consists of an upper lot near the Bank and a lower lot connected to the upper lot by about five steps. The Bank requested that employees park in the lower lot and in the spaces in the upper lot farthest from the Bank, in order to preserve those spots near the Bank for customers. Ms. Rosenberg, who had been parking in the upper lot, close to the Bank, felt that she should be able to park near the Bank because of her medical condition, and because it was safer on those nights when she remained at the Bank after dark. The Bank’s refusal to permit her to do so became an issue of contention between Rosenberg and the Bank.

On May 31, 1991, Rosenberg was notified that her employment with the Bank was being terminated because the Bank was closing the commissioned loan origination department. The other two originators were terminated as well.

DISCUSSION

This court grants summary judgment where there are no genuine issues of material fact and where the summary judgment record entitles the moving party to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue of fact, “and [further] that the moving party is entitled to judgment as a matter of law.” Pederson v. Time, Inc., 404 Mass. 14, 17 (1989).

To show the absence of a triable issue of material fact, a moving party must demonstrate by materials described in Mass.R.Civ.P. 56(c) that the opposing party has no reasonable expectation of proving an essential element of her case. Brunner v. Stone & [613]*613Webster Engineering Corp., 413 Mass. 698, 705 (1992); Kourouvacilis v. General Motors Corp., 410 Mass. 706, 714 (1991). A party moving for summary judgment who does not hear the burden of proof at trial may demonstrate the absence of a triable issue of fact either by submitting affirmative evidence negating an essential element of the nonmoving party’s case or by showing that the nonmoving party is unlikely to submit proof of this element of trial. Flesner v. Technical Communications Corp., 410 Mass. 805, 809 (1991); Kourouvacilis, 410 Mass. at 716.

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a genuine issue of material fact. Pederson v. Time, Inc., 404 Mass. 14, 17 (1989); Madsen v. Erwin, 395 Mass. 715, 719 (1985). The opposing party cannot rest on his or her pleadings and/or mere assertions of disputed facts to defeat the motion. LaLonde v. Eissner, 405 Mass. 207, 209 (1989). In deciding a motion for summary judgment, the facts must be viewed in the light most favorable to the nonmoving party, taking all the facts set out in the nonmoving party’s Rule 56(c) materials as true, G.S. Enterprises, Inc. v. Falmouth Marine, Inc., 410 Mass. 262, 263 (1991), and all justifiable inferences are to be drawn in favor of the nonmoving party. Anderson, 477 U.S. at 255.

To establish a prima facie case of handicap discrimination, a plaintiff must show that (a) she was handicapped during her employment; (b) she was capable of performing the essential functions of her position; and (c) she was excluded from the position solely because of her handicap. Tate v. Dep’t of Mental Health, 419 Mass. 356, 361 (1995).

Once a plaintiff establishes a prima facie case of employment discrimination, the burden then shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the firing, and to present evidence in support of that reason. Blare v. Husky Injection Molding Systems Boston, Inc., 419 Mass. 437, 441 (1995).

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Bluebook (online)
6 Mass. L. Rptr. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenberg-v-main-street-community-bancorp-inc-masssuperct-1997.