School Committee v. Massachusetts Commission Against Discrimination

830 N.E.2d 1090, 63 Mass. App. Ct. 839, 16 Am. Disabilities Cas. (BNA) 1723, 2005 Mass. App. LEXIS 666
CourtMassachusetts Appeals Court
DecidedJuly 12, 2005
DocketNo. 04-P-188
StatusPublished
Cited by12 cases

This text of 830 N.E.2d 1090 (School Committee v. Massachusetts Commission Against Discrimination) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
School Committee v. Massachusetts Commission Against Discrimination, 830 N.E.2d 1090, 63 Mass. App. Ct. 839, 16 Am. Disabilities Cas. (BNA) 1723, 2005 Mass. App. LEXIS 666 (Mass. Ct. App. 2005).

Opinion

Kafker, J.

The issues presented in this case are whether the Massachusetts Commission Against Discrimination (MCAD or commission) correctly determined that Mary-Ann Woodason, a cafeteria worker terminated from her employment by the school committee of Norton (school committee) because of a permanent medical restriction precluding her from lifting in excess of twenty-five pounds, was (1) a qualified handicapped person capable of performing the essential functions of her job with reasonable accommodation and if so, whether she was (2) entitled to emotional distress damages, lost pension benefits, a back pay award without an offset for unemployment compensation, and attorney’s fees. A Superior Court judge affirmed the decision of the MCAD with the exception of the award of attorney’s fees, which he concluded were limited as a matter of law to the billing rate the attorney charged at the commencement of the representation, before he joined a large Boston firm. We conclude that the MCAD did not abuse its discretion in awarding attorney’s fees based on the lodestar method, which calculates the fees using a reasonable market rate, and the judgment shall be so modified. We otherwise affirm the judgment of the Superior Court upholding the MCAD decision.

1. Background. The defendant, Mary-Ann Woodason, began working for the school committee as a cafeteria assistant on March 20, 1989. Woodason had served seven years at the L.G. Nourse Elementary School when, in the spring of 1997, she injured her back and underwent surgery to repair a ruptured disc. On August 19, 1997, she informed the cafeteria director, Irene Stanovich, of the operation and her inability to return to work until she had fully recuperated. They agreed that Woodason would use her accrued sick time until she was ready to return to work. After meeting with her doctor, Woodason called Stanovich on October 22, 1997, to report her progress and informed Stanovich that, due to her condition, she would not be [841]*841able to lift objects weighing more than twenty-five pounds. Stanovich did not indicate at this time that the restriction would be a problem. On November 19, 1997, Woodason met with her doctor, who cleared her to return to work on December 1, 1997, with a medical restriction prohibiting her from lifting more than twenty-five pounds. Woodason relayed this information to Stanovich on the same day and requested an accommodation. During this conversation, Stanovich told Woodason that she could not return to work with the lifting restriction. Through her counsel’s letter dated January 12, 1998, Woodason requested that she be allowed to return to work with an accommodation, which she described as having another employee lift a thirty-one pound milk crate into a milk dispenser, a task that she said was required once a day. On January 28, 1998, the school committee informed Woodason by letter that her employment would be terminated on February 6, 1998 (when her sick leave expired), if she still were subject to the lifting restriction. The school committee wrote that in order to accommodate her lifting restriction, it would have to hire an additional cafeteria assistant, which would “impose an undue hardship to its business of operating the schools,” as Woodason’s duties as a cafeteria assistant “require her to consistently lift objects heavier than twenty-five pounds.” Woodason was still subject to the restriction on the assigned date, and the school committee subsequently terminated her employment.

On February 20, 1998, Woodason filed a complaint against the school committee with the MCAD alleging that the school committee had discriminated against her because of her handicap in violation of G. L. c. 151B, § 4(16). She further alleged that Maurice Splaine, the superintendent of schools, and Stanovich aided and abetted the school committee’s discriminatory acts.

An MCAD hearing officer held a public hearing over the course of three days in February, 2001, and issued her decision in favor of Woodason on January 31, 2002. First, the hearing officer found, based on undisputed testimony and medical records, that Woodason had a chronic back injury that resulted in a “permanent medical restriction prohibiting her from lifting more than twenty-five pounds. This was a permanent restriction [842]*842applicable to every aspect of her life. As a result of this restriction, Complainant is unable to perform a number of routine tasks in her life. She is unable to do yard work and gardening or shovel snow. She can no longer lift and carry her grandchildren and cannot carry filled grocery bags. She and her husband moved from their home to a condominium because of her inability to continue performing many of these routine household tasks.”

Second, the hearing officer concluded that Woodason was a “qualified handicapped person” under G. L. c. 151B, § 1(16), because she was “capable of performing the essential functions of her position with a reasonable accommodation on those occasions when an accommodation was necessary.” The hearing officer found that only a few of Woodason’s duties required her to lift more than twenty-five pounds, and Woodason could have been accommodated by breaking each of those tasks down into lighter tasks, making additional trips, using a wheeled cart, or relying on help from other employees. None of these accommodations, the hearing officer concluded, would have imposed an undue financial or administrative hardship on the cafeteria operations.

Third, the hearing officer found that the school committee, Splaine, and Stanovich failed to engage in a dialogue with Woodason regarding possible accommodations and did not attempt to ascertain whether possible accommodations were an option. Fourth, the hearing officer ordered the school committee2 to pay Woodason emotional distress damages of $50,000, back pay for eighteen weeks totaling $4,595.40, and lost pension benefits of $28,970.32. Finally, the hearing officer instructed the school committee to conduct training sessions on the accommodation of disabled employees.

The full commission of the MCAD affirmed the hearing officer’s decision3 and awarded Woodason attorney’s fees in the [843]*843amount of $74,760.80. The school committee appealed the commission’s decision to the Superior Court pursuant to G. L. c. 151B, § 6, which provides for a review in accordance with the standards set out in G. L. c. 30A, § 14(7). The Superior Court judge affirmed the commission’s decision except with respect to the attorney’s fees. All parties appealed.

2. Discussion, a. Standard of review. Based on statutory law, “[w]e will affirm a decision and order of the MCAD unless the findings and conclusions are unsupported by substantial evidence or based on an error of law.” Salem v. Massachusetts Commn. Against Discrimination, 44 Mass. App. Ct. 627, 640-641 (1998). See G. L. c. 151B, § 6; G. L. c. 30A, § 14(7). “Substantial evidence is ‘such evidence as a reasonable mind might accept as adequate to support a conclusion,’ taking ‘into account whatever in the record detracts from its weight.’ ” Lycurgus v. Director of Div. of Employment Security, 391 Mass. 623, 627-628 (1984). See G. L. c. 30A, § 1(6). We also give deference to the MCAD’s findings where the evidence is conflicting, given the agency’s “experience, technical competence, and specialized knowledge . . ., as well as the discretionary authority conferred on it.” G. L. c. 30A, § 14(7). See Smith College v. Massachusetts Commn. Against Discrimination, 316 Mass. 221, 224 (1978); Ramsdell v.

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

Related

Hidalgo v. Watch City Construction Corp.
Massachusetts Supreme Judicial Court, 2026
DaPrato v. Massachusetts Water Resources Authority
123 N.E.3d 737 (Massachusetts Supreme Judicial Court, 2019)
Vita v. Berman, DeValerio & Pease, LLP
967 N.E.2d 1142 (Massachusetts Appeals Court, 2012)
Kelly v. Cort Furniture
717 F. Supp. 2d 120 (D. Massachusetts, 2010)
Town of Hull v. Massachusetts Commission Against Discrimination
893 N.E.2d 66 (Massachusetts Appeals Court, 2008)
Frank v. Fowler
22 Mass. L. Rptr. 366 (Massachusetts Superior Court, 2007)
Wilfert Bros. Realty v. Massachusetts Commission Against Discrimination
22 Mass. L. Rptr. 233 (Massachusetts Superior Court, 2007)
Cadle Co. v. Massachusetts Division of Banks
21 Mass. L. Rptr. 689 (Massachusetts Superior Court, 2006)
Gargano & Associates v. Massachusetts Commission Against Discrimination
20 Mass. L. Rptr. 232 (Massachusetts Superior Court, 2005)
Massachusetts General Hospital v. Waldman
19 Mass. L. Rptr. 712 (Massachusetts Superior Court, 2005)
Giuliano v. Piantkowski
20 Mass. L. Rptr. 17 (Massachusetts Superior Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
830 N.E.2d 1090, 63 Mass. App. Ct. 839, 16 Am. Disabilities Cas. (BNA) 1723, 2005 Mass. App. LEXIS 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/school-committee-v-massachusetts-commission-against-discrimination-massappct-2005.