Moore v. Industrial Demolition LLC
138 F.4th 17
| 1st Cir. | 2025Background
- Eric Moore, an employee of Industrial Demolition, LLC, injured his hip while working at a demolition site in Massachusetts in December 2019.
- Moore returned to work with a doctor's note requesting accommodations for his injury, which were initially accepted by Industrial Demolition.
- His supervisor, Oberkramer, quickly became hostile toward the restrictions, resulting in Moore being told to "hit the gate and not come back," which Moore and the jury understood as termination.
- Moore filed a complaint with the NLRB, resulting in a settlement, and separately sued Industrial for failure to accommodate and retaliation under Massachusetts law; a jury found for Moore on both claims, awarding damages.
- Both Moore and Industrial Demolition filed for post-trial relief. The district court denied all motions, and both parties appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Moore's Status as Handicapped Under the Law | Injury was covered under M.G.L. c. 151B (broadly defined) | Temporary injury does not meet the definition of handicap | Court did not decide; damages were supported by retaliation claim alone |
| Retaliation for Requesting Accommodation | Was protected activity and led directly to discharge | Moore lacked reasonable belief of entitlement; no adverse action | Sufficient evidence for jury; verdict affirmed |
| Back Pay and Damages Offset | NLRB settlement should not reduce damages (collateral) | Settlement should offset; failure to mitigate damages | Settlement offset was proper; no error on mitigation |
| Punitive Damages | Should have gone to jury based on conduct | No evidence of management knowledge pre-termination | No abuse of discretion; punitive damages denied |
Key Cases Cited
- Galarneau v. Merrill Lynch, Pierce, Fenner & Smith Inc., 504 F.3d 189 (1st Cir. 2007) (review standard for facts in light most favorable to jury verdict)
- Abramian v. President & Fellows of Harvard Coll., 731 N.E.2d 1075 (Mass. 2000) (retaliation claims can succeed even if discrimination claim fails)
- Psy-Ed Corp. v. Klein, 947 N.E.2d 520 (Mass. 2011) (retaliation cognizable even if discrimination claim fails)
- Ocean Spray Cranberries, Inc. v. Mass. Comm'n Against Discrimination, 808 N.E.2d 257 (Mass. 2004) (requirements for a viable accommodation request)
- Edwards v. Commonwealth, 174 N.E.3d 1153 (Mass. 2021) (termination does not require the exact words "you're fired")
- Haddad v. Wal-Mart Stores, Inc., 914 N.E.2d 59 (Mass. 2009) (punitive damages standard under M.G.L. c. 151B)