Walker v. Massachusetts Department of Correction

23 Mass. L. Rptr. 388
CourtMassachusetts Superior Court
DecidedDecember 17, 2007
DocketNo. 051683
StatusPublished

This text of 23 Mass. L. Rptr. 388 (Walker v. Massachusetts Department of Correction) 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
Walker v. Massachusetts Department of Correction, 23 Mass. L. Rptr. 388 (Mass. Ct. App. 2007).

Opinion

Lemire, James R., J.

This is a civil action in which the plaintiff, Peter Walker (“Walker”), alleges that as a result of his filing for workers’ compensation, the defendant, Massachusetts Department of Correction (“Department”), committed unlawful retaliation when they passed him over for a promotion in violation of G.L.c. 152, §75B(2). Walker filed a one (1) count complaint alleging violation of G.L.c. 152, §75B(2). The Department now moves this court for an entry of summary judgment on the grounds that Walker cannot (1) show a prima facie case of discrimination and (2) that the Department’s reasons for passing Walker over for the promotion were proper. For the following reasons, the Department’s motion is hereby ALLOWED.

BACKGROUND

The relevant undisputed and disputed facts, viewed in the light most favorable to the non-moving party, are as follows.

Walker began working as a corrections officer for the Department on September 8, 1996, starting out in the position of Corrections Officer I. In June 27, 2001, Walker went on industrial accident (“IA”) leave from his position at the Department after injuring his wrist while breaking up an inmate fight. His physician’s report of March 11, 2002, indicated that he could not “guard prisoners, write, shoot a weapon, or fight,” and that he “may not use [his] left hand independently or for bimanual work.” The report also indicated that he was totally disabled, and that it was unknown when [389]*389he would be fit to return to work. Walker’s physician made similar recommendations on July 6, 2002. Walker did not return to work until October 23, 2002. While on IA, Walker collected workers’ compensation.

On April 26, 2002, a Civil Service Promotional List for Corrections Officer II was certified, and effective June 23, 2002, the Department sought to make at least 84 promotions to the Corrections Officer II position. Accordingly, a Civil Service Exam was administered. Walker took the exam and scored 88%. Walker was placed on the Civil Service Promotional List for Corrections Officer II, and he completed the required form and submitted it to the Department.

The Department made selections for the promotion to Corrections Officer II based on the Civil Service Exam score and employment histoiy in the department. Incorporated in an applicant’s employment history is their medical status. On June 23, 2002, the Department promoted 120 employees to Corrections Officer II, some of which had a Civil Service Exam score as low as 87%. The Department passed over Walker for the promotion because he was on IA at the time of the promotion. The Department relied upon Walker’s physician’s report and his “continuing disability claim form” in determining that he would be unable to perform the essential functions of Corrections Officer II as of June 23, 2002, and that he would not be able to return to work within the thirty (30) day acceptance period.

DISCUSSION

I. Standard of Review

Summaiy judgment is appropriate when the sum-maiy judgment record shows 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.” Mass.R.Civ.P. 56(c); DuPont v. Comm’r of Corr., 448 Mass. 389, 397 (2007). A fact is “material” if it would affect the outcome of the suit. Carey v. New England Organ Bank, 446 Mass. 270, 278 (2006); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute is “genuine” where a reasonable finder of fact could return a verdict for the non-moving party. Flesner v. Technical Commc’ns Corp., 410 Mass. 805, 809 (1991), citing Anderson, 477 U.S. at 252. The moving party bears the initial burden of demonstrating the absence of a triable issue and that the summaiy judgment record entitles him to judgment as a matter of law. Ng Bros. Constr., Inc. v. Cranney, 436 Mass. 638, 644 (2002), citing Pederson v. Time, Inc., 404 Mass. 14, 17 (1989); Kourouvacilis v. Gen. Motors Corp., 410 Mass. 706, 716 (1991). The moving party may satisfy its burden by submitting affirmative evidence that negates an essential element of the opposing party’s case or by demonstrating that the non-moving party has no reasonable expectation of proving an essential element of his case at trial. Flesner, 410 Mass. at 809; Kourouvacilis, 410 Mass. at 716 (adopting reasoning contained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that “the burden on the moving party may be discharged by ‘showing’.. . that there is an absence of evidence to support the non-moving party’s case”).

In reviewing a motion for summaiy judgment, the court views the evidence in the light most favorable to the non-moving party and draws all reasonable inferences in his favor. Jupin v. Kask, 447 Mass. 141, 143 (2006), citing Coveney v. President & Trs. of the Coll. of the Holy Cross, 388 Mass. 16, 17 (1983); see Simplex Techs., Inc. v. Liberty Mut. Ins. Co., 429 Mass. 196, 197 (1999). If the moving party has carried its burden, and the plaintiff has not responded with specific facts to establish a genuine, triable issue, the court grants the motion for summaiy judgment. Cmty. Nat’l Bank v. Dawes, 369 Mass. 550, 554 (1976); see Ng Bros., 436 Mass. at 644 (stating that, even where the facts are disputed, “summaiy judgment is still available if the parly with the burden of proof at trial . . . fails to present in the summaiy judgment record, taking everything it says as true and drawing all reasonable inferences in its favor, sufficient facts to warrant a finding in its favor”), citing White v. Univ. of Mass. at Boston 410 Mass. 553, 557 (1991).

II. Walker’s G.L.c. 152, §75B(2) Claim

Walker claims that the Department retaliated against him by passing him over for a promotion because he filed for workers’ compensation. The Workers’ Compensation statute, G.L.c. 152, §75B(2) (2007) provides that “no employer... shall discharge, refuse to hire, or in any other manner discriminate against an employee because the employee has exercised a right afforded by [this chapter].” In analyzing a retaliation claim under G.L.c. 152, §75B(2), the court follows the burden-shifting analysis that Massachusetts courts apply under the related anti-retaliation provision of the Massachusetts Fair Employment Practices Act, G.L.c. 151B, §4(4) (2007).

The tripartite burden-shifting analysis is well established in Massachusetts. A party pursuing a claim under G.L.c. 152, §75B(2) bears the initial burden of establishing a prima facie case of discrimination. If such a prima facie case is made out, the burden shifts to the defendant to offer lawful grounds for the adverse employment action. If the defendant succeeds in his showing, the burden then shifts back to the plaintiff to show that the defendant’s proffered grounds are pretextual. Matthews v. Ocean Spray Cranberries, Inc., 426 Mass. 122, 128 (1997).

In establishing a prima facie case on a retaliatoiy employment claim, a plaintiff must establish that (1) he engaged in a protected activity; (2) the defendant was aware of that protected activity; (3) the defendant thereafter took an adverse employment action against the plaintiff; and (4) but for the plaintiffs activity, the defendant would not have taken the adverse employment action against him.

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Community National Bank v. Dawes
340 N.E.2d 877 (Massachusetts Supreme Judicial Court, 1976)
Kourouvacilis v. General Motors Corp.
575 N.E.2d 734 (Massachusetts Supreme Judicial Court, 1991)
Flesner v. Technical Communications Corp.
575 N.E.2d 1107 (Massachusetts Supreme Judicial Court, 1991)
Coveney v. President & Trustees of the College of the Holy Cross
445 N.E.2d 136 (Massachusetts Supreme Judicial Court, 1983)
White v. University of Massachusetts at Boston
574 N.E.2d 356 (Massachusetts Supreme Judicial Court, 1991)
Beal v. Board of Selectmen
646 N.E.2d 131 (Massachusetts Supreme Judicial Court, 1995)
MacCormack v. Boston Edison Co.
423 Mass. 652 (Massachusetts Supreme Judicial Court, 1996)
Matthews v. Ocean Spray Cranberries, Inc.
686 N.E.2d 1303 (Massachusetts Supreme Judicial Court, 1997)
Simplex Technologies, Inc. v. Liberty Mutual Insurance
706 N.E.2d 1135 (Massachusetts Supreme Judicial Court, 1999)
Ng Bros. Construction, Inc. v. Cranney
766 N.E.2d 864 (Massachusetts Supreme Judicial Court, 2002)
Carey v. New England Organ Bank
446 Mass. 270 (Massachusetts Supreme Judicial Court, 2006)
Jupin v. Kask
447 Mass. 141 (Massachusetts Supreme Judicial Court, 2006)
DuPont v. Commissioner of Correction
861 N.E.2d 744 (Massachusetts Supreme Judicial Court, 2007)
Diaz v. Henry Lee Willis Community Center, Inc.
9 Mass. L. Rptr. 169 (Massachusetts Superior Court, 1998)

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Bluebook (online)
23 Mass. L. Rptr. 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-massachusetts-department-of-correction-masssuperct-2007.