862 F. Supp. 2d 37
D. Mass.2012Background
- Plaintiff Amanda Martin sues Irwin Industrial Tool Co. and Jinesh Desai alleging sexual harassment and retaliation for a prior claim.
- Desai, a coworker, allegedly made sexual comments and derogatory remarks after advances were refused.
- Martin filed a formal claim against Desai in October 2011 and reported the issue to Irwin's HR; she did not receive a substantive report and Desai was not separated.
- Martin was terminated by Irwin on November 14, 2011, with reasons she contends are false.
- Desai moves to dismiss, arguing he is not an employer under state or federal law; the court grants in part and denies in part.
- The court allows the Title VII claims to be dismissed but denies dismissal of the Massachusetts Chapter 151B claims against Desai.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Desai may be personally liable under Chapter 151B as a non-employer | Any person can be liable under §4(4)/(4A). | Liability should be limited to employers or those with authority. | Denial of dismissal; individual liability preserved under §4(4)/(4A). |
| Whether Title VII claims should be dismissed | Not necessary; plaintiff opposes only 151B issues. | Title VII claims should be dismissed. | Title VII claims (Counts V–VI) dismissed. |
Key Cases Cited
- Beaupre v. Cliff Smith & Assocs., 50 Mass.App.Ct. 480, 738 N.E.2d 753 (Mass. App. Ct. 2000) (plain language supports individual liability under 151B)
- Barton v. Clancy, 632 F.3d 9 (1st Cir. 2011) (MCAD interpretations accorded deference; supports 151B individual liability)
- Duncan v. Walker, 533 U.S. 167 (U.S. Supreme Court 2001) (when statute uses specific language, courts assume intentional disparate treatment)