422 Mass. 551 | Mass. | 1996
The plaintiff, Karen A. Green, alleges that she was sexually harassed over a three-year period while employed by the defendant, Wyman-Gordon Company. The defendant terminated Green’s employment in June, 1992. In April, 1994, Green brought suit against the defendant in the Superior Court, alleging violations of G. L. c. 214, § 1C (1994 ed.), the Massachusetts Civil Rights Act, G. L. c. 12, § 11I (1994 ed.) (civil rights act), and the Massachusetts Equal Rights Act, G. L. c. 93, § 102 (1994 ed.) (equal rights act). Her action included common law claims for negligent failure to investigate and to correct, negligent training and supervision, intentional and negligent infliction of emotional distress, and breach of contract. The trial judge allowed the defendant’s motion for summary judgment on all counts. The plaintiff appealed. We granted the defendant’s application for direct appellate review and now affirm.
The summary judgment record demonstrates the following (see Judson v. Essex Agric. & Technical Inst., 418 Mass. 159, 162 [1994]): The defendant hired the plaintiff in February, 1985. Starting in June, 1989, until her termination in June, 1992, the plaintiff was subjected to multiple instances of sexual harassment while she was employed in several different departments. While employed in the housekeeping department, Green was threatened and harassed by a coworker using obscene language and sexual slurs. The defendant held a meeting and issued a warning to the coworker, but refused Green’s requests to change her work schedule.
After the plaintiff was assigned to another department, she was subjected to lewd and obscene remarks and gestures from another coworker. In addition, she was exposed to posters of naked and partially clothed women on the walls and ceiling of the work area. After Green reported to her supervisors that she was being harassed, a meeting was held, but the defendant took no action against the coworker. Although Green was permitted to change shifts for about one week, she was forced to return to the shift with the offensive coworker.
1. Background. In order to analyze the plaintiff’s claims properly, we need to examine the legislative and judicial response to the problem of sexual harassment in the Massachusetts workplace. This court first addressed the issue of sexual harassment in College-Town, Div. of Interco, Inc. v. Massachusetts Comm’n Against Discrimination, 400 Mass. 156, 162 (1987). In that case, the court decided that sexual harassment was a form of discrimination and that the plaintiff’s claim was cognizable under G. L. c. 151B, § 4 (1) (1994 ed.). Id. In O’Connell v. Chasdi, 400 Mass. 686, 693 & n.9 (1987), however, the provisions of G. L. c. 151B (1994 ed.) did not apply because the plaintiff’s employer had fewer than six employees. See G. L. c. 151B, § 1 (5). The court nevertheless decided that the plaintiff had a claim under the civil rights act on the rationale that art. 1 of the Massachusetts Declaration of Rights created a right to be free from sexual harassment in the workplace. O’Connell v. Chasdi, supra at 693.
On December 9, 1986, before this court’s decisions in College-Town and O’Connell v. Chasdi were published (but while they were pending in this court), the Massachusetts Legislature enacted St. 1986, c. 588, entitled “An act prohibiting sexual harassment.” Chapter 588 amended G. L. c. 151A (unemployment compensation), G. L. c. 151B (employment discrimination), G. L. c. 151C (education), and G. L. c. 214 (equity jurisdiction). The legislation added a definition of sexual harassment to G. L. c. 151B, § 1, see St. 1986, c. 588, § 2, and added subsection 16A to § 4, declaring it to be an unlawful practice under c. 151B for an employer “to sexually harass any employee.” St. 1986, c. 588, § 3. In addition, the statute added G. L. c. 214, § 1C, which states: “A person shall have the right to be free from sexual harassment, as defined in chapter one hundred and fifty-one B and one hundred and fifty-one C. The superior court shall have the jurisdiction in equity to enforce this right and to award damages.” St. 1986, c. 588, § 6.
2. Statutory claims. Employees who are victims of sexual harassment by their employers or their agents have a remedy under G. L. c. 15IB, §§ 4 (16A) and 5.
We ordinarily construe statutes to be consistent with one another. St. Germaine v. Pendergast, 411 Mass. 615, 626 (1992). We assume that the Legislature was aware of existing statutes when enacting subsequent ones. LaBranche v. A.J. Lane & Co., 404 Mass. 725, 728 (1989). Thus, we attempt to interpret statutes addressing the same subject matter harmoniously, “so that effect is given to every provision in all of them.” 2B Singer, Sutherland Statutory Construction § 51.02, at 122 (5th ed. 1992). See St. Germaine v. Pendergast, supra (construing exclusivity provisions of workers’ compensation act). With these general principles in mind, we must examine the administrative scheme created by c. 15IB and determine the reach of its exclusivity provisions.
General Laws c. 151B, § 9, provides, in relevant part: “[A]s
Against this background, we see no basis to except claims of sexual harassment from the broad and comprehensive remedial scheme provided in c. 15 IB absent an explicit statutory authorization. We do not believe that G. L. c. 214, § 1C, contains such an authorization. Accordingly, we agree with the defendant that, in this case, c. 15IB’s remedies and procedures are exclusive and bar the plaintiffs claim under G. L. c. 214, § 1C. See 2B Singer, Sutherland Statutory Construction § 51.02, at 121 (5th ed. 1992) (“In the absence of any express repeal or amendment, the new provision is presumed in accord with the legislative policy embodied in [the] prior statutes”).
This interpretation serves the legislative purpose by preserving the integrity of the administrative scheme. As we noted in the Charland case: “Chapter 15 IB reflects the [Ljegislature’s balancing of competing interests. Employees are protected
Added support for this construction comes from the legislative history of G. L. c. 214, § 1C. Prior to enactment, eight different versions of the law were proposed.
The plaintiff argues that we render G. L. c. 214, § 1C, a
For the reasons stated above, the plaintiffs claims under the civil rights act and the equal rights act are similarly precluded. See Charland v. Muzi Motors, Inc., supra at 586. Where, as here, c. 15IB applies, its comprehensive remedial scheme is exclusive, in the absence of an explicit legislative
3. Common law claims. Insofar as the plaintiff’s common law claims are merely recast versions of her sexual harassment claims under c. 151B, they are barred by that statute’s exclusivity provision. See Charland v. Muzi Motors, Inc., supra at 586; Melley v. Gillette Corp., 19 Mass. App. Ct. 511, 512-513 (1985). We acknowledge, however, that not all of the plaintiff’s common law claims are barred under c. 15IB. See Comey v. Hill, supra at 20. The defendant argues, however, that those common law claims not barred by c. 15IB, notably the claims for intentional and negligent infliction of emotional distress, are barred by the exclusivity provision of the workers’ compensation act, G. L. c. 152, § 24 (1994 ed.).
Common law actions are barred by the exclusivity provision of the workers’ compensation act where: “the plaintiff is shown to be an employee; his condition is shown to be a ‘personal injury’ within the meaning of the [workers’] compensation act; and the injury is shown to have arisen ‘out of and in the course of . . . employment.’ ” Foley v. Polaroid Corp., 381 Mass. 545, 548-549 (1980) (Foley I), quoting G. L. c. 152, § 26 (1994 ed.). The plaintiff’s common law claims meet this test. It makes no difference that the emotional distress results from a fellow employee since the injury is still compensable under the workers’ compensation act. See Anzalone v. Massachusetts Bay Transp. Auth., 403 Mass. 119, 124 (1988); Foley I, supra at 550. See also G. L. c. 152, § 1 (7A) (1994 ed.) (intentionally inflicted emotional harm compensable under workers’ compensation act, even when result of bona fide personnel action). An employer may be vicariously liable for emotional distress intentionally inflicted by one employee on another. See College-Town, Div. of Interco, Inc. v. Massachusetts Comm’n Against Discrimination, 400 Mass.
The plaintiffs negligent infliction of emotional distress claim also must fail. The plaintiff argues that recent amendments to the definition of “personal injury” permit her to recover for negligently inflicted emotional distress that is the result of a “bona fide, personnel action.”
The intent of the amendment was to reverse the result in Kelly’s Case, 394 Mass. 684 (1985), where we permitted an employee to recover for emotional distress associated with a threatened layoff and transfer. See Robinson’s Case, 416 Mass. 454, 458-459 (1993). See generally L. Locke, Workmen’s Compensation § 10.5, at 270-271 (Nason & Wall Supp. 1995). The plaintiff purports to turn this intention on its head, presuming that the Legislature, in cutting off an avenue of recovery for employees under the workers’ compensation act, intended to open up a previously closed common law route. We see no reason to attribute such paradoxical intentions to the Legislature, especially where the result would “negate the intended purpose of the Workers’ Compensation Act to provide a uniform, statutory remedy for injured workers, in
There is no question that an action for negligent infliction of emotional distress that is not the result of a bona fide personnel action is barred by the exclusivity provision of the workers’ compensation act. See Foley I, supra at 552. Assuming that the plaintiffs emotional injuries were the result of bona fide personnel actions,
The result we reach here is not inconsistent with our decisions concluding that plaintiffs may recover for emotional injuries sustained in connection with claims that are not barred by the exclusivity provisions of the workers’ compensation act. See Flesner v. Technical Communications Corp., 410 Mass. 805, 814 n.9 (1991); Foley v. Polaroid Corp., 400 Mass. 82, 93 (1987) (Foley II); College-Town, supra at 169; Foley I, supra at 552. In those cases we concluded that emotional distress damages are not barred where the underlying claim is not barred. Furthermore, we concluded that underlying common law claims survived where “physical or mental harm is incidental, and is not an indispensable ingredient” of the claim. Foley I, supra. For example, in Foley I, we concluded that claims for defamation, malicious prosecution, and violation of civil rights
Cases from other jurisdictions support our conclusion that the plaintiff’s tort claims are barred by the exclusivity provision of the workers’ compensation act. See, e.g., Juarez v. Ameritech Mobile Communications, Inc., 957 F.2d 317, 323-324 (7th Cir. 1992); Lui v. Intercontinental Hotels Corp., 634 F. Supp. 684, 688 (D. Haw. 1986); Fields v. Cummins Employees Fed. Credit Union, 540 N.E.2d 631, 637 (Ind. Ct. App. 1989); Knox v. Combined Ins. Co., 542 A.2d 363, 365-366 (Me. 1988); Dickert v. Metropolitan Life Ins. Co., 311 S.C. 218, 222 (1993); Haddon v. Metropolitan Life Ins. Co., 239 Va. 397, 400 (1990), overruled on other grounds, Lichtman v. Knouf, 248 Va. 138 (1994); Baker v. Wendy’s of Mont., Inc., 687 P.2d 885, 892 (Wyo. 1984). See also Busse v. Gelco Express Corp., 678 F. Supp. 1398, 1401 (E.D. Wis. 1988) (workers’ compensation exclusivity bars negligence claim against employer based on sexual harassment); Downer v. Detroit Receiving Hosp., 191 Mich. App. 232, 235-236 (1991) (same). See generally 2A A. Larson, Workmen’s Compensation § 68.34 (d) (1995 & Supp. 1995).
Judgment affirmed.
We acknowledge the amicus briefs submitted by the Massachusetts Chapter of the National Employment Lawyers Association, on behalf of the plaintiif, and the New England Legal Foundation, on behalf of the defendant.
Doe v. Purity Supreme, Inc., post 563 (1996), and Guzman v. Lowinger, post 570 (1996).
None of the parties disputes that the defendant is an employer within the meaning of G. L. c. 151B, § 1 (5) (1994 ed.).
We disagree with the plaintiff that G. L. c. 214, § 1C (1994 ed.), is plain and unambiguous on its face and that therefore, we may not go beyond its express language to construe it. While the statute gives the Superior Court jurisdiction over sexual harassment claims, it is not clear when that jurisdiction attaches. Furthermore, we have on occasion looked at the history
Although there are exceptions to this general provision, none of them applies here. See G. L. c. 151B, § 1 (5) (certain employers not included). See also Jancey v. School Comm. of Everett, 421 Mass. 482, 499 (1995) (leaving open question whether all gender-based pay inequity claims arise from acts “declared unlawful” by G. L. c. 151B, § 4).
.1986 House Doc. No. 488. 1986 House Doc. No. 1780. 1986 House Doc. No. 3136. 1986 House Doc. No. 3862. 1986 House Doc. No. 4074. 1986 House Doc. No. 4538. 1986 House Doc. No. 5732. 1986 Senate Doc. No. 62.
The plaintiff’s reliance on Mercy Hosp. v. Rate Setting Comm'n, 381 Mass. 34, 42 (1980), is unavailing. In that case, this court concluded that, where there is contemporaneous evidence that a particular provision was dropped because it was deemed surplusage, it is improper to assume that the Legislature’s removal of the provision changed the meaning of the statute. In this case, there is no contemporaneous evidence to support the
Under the procedures established in G. L. c. 151B, §§ 5, 9 (1994 ed.), a person who makes a timely claim with the MCAD may withdraw that claim from the MCAD and bring suit in court at any time with permission of the MCAD, or as of right after ninety days, if the MCAD has not adjudicated the case by that time. Jurisdiction over such claims is given to the Superior or Probate and Family Court. G. L. c. 151B, § 9.
The court in Clarke v. Kentucky Fried Chicken of Cal., Inc., 57 F.3d 21, 25 n.7 (1st Cir. 1995), notes that the jurisdictional language in G. L. c. 214, § 1C, “may have been intended merely to overcome the automatic ‘default’ mechanism in [G. L. c. 214, § 2] — which would otherwise vest the [Supreme Judicial Court] with exclusive original jurisdiction over all Section 1C claims for equitable relief — and to designate which other court (i.e., superior court) possesses jurisdiction once the Section 1C claimant has met the MCAD exhaustion requirements” (emphasis in original).
General Laws c. 152, § 24 (1994 ed.), provides, in relevant part: “An employee shall be held to have waived his right of action at common law ... in respect to an injury that is compensable under this chapter, to recover damages for personal injuries . . . .”
General Laws c. 152, § 1 (7A), as amended through St. 1985, c. 572, § 11, and St. 1986, c. 662, § 6, provides, in relevant part: “Personal injuries shall include mental or emotional disabilities' only where a significant contributing cause of such disability is an event or series of events occurring within the employment. No mental or emotional disability arising principally out of a bona fide personnel action including a transfer, promotion, demotion, or termination except such action which is the intentional infliction of emotional harm shall be deemed to be a personal injury within the meaning of this chapter.”
The plaintiff argues that the defendant caused her injuries by its decision not to reassign her to a different work shift, its failure to investigate harassment allegations adequately, and its failure to take appropriate corrective measures. Because of our conclusion that the claims are barred, we need not decide whether the injuries were the result of bona fide personnel actions within the meaning of the statute.
In Foley v. Polaroid Corp., 381 Mass. 545, 553 n.7 (1980) (Foley I), the plaintiff did not allege any statutory violation of civil rights and did not comply with the procedural prerequisites of G. L. c. 151B. Therefore, even though his common law claim for civil rights violations was not barred by
We observe that G. L. c. 152, § 28 (1994 ed.), provides for double recovery under the workers’ compensation act in cases of injuries resulting from intentional acts.
Although several jurisdictions have held that workers’ compensation exclusivity does not bar some tort claims arising out of sexual harassment allegations, most of these jurisdictions allow exceptions to the exclusivity provisions for: intentional torts of a coemployee, see, e.g., Fitzgerald v. Pratt, 223 Ill. App. 3d 785 (1992); Spoon v. American Agriculturalist, Inc., 120 A.D.2d 857, 860 (N.Y. 1986); Pursell v. Pizza Inn Inc., 786 P.2d 716, 717 (Okla. Ct. App. 1990); Palmer v. Bi-Mart Co., 92 Or. App. 470, 475-476 (1988); psychological injuries, see, e.g., Busby v. Truswal Sys. Corp., 551 So. 2d 322, 325 (Ala. 1989); Hogan v. Forsyth Country Club Co., 79 N.C. App. 483, 490 (1986); Kerans v. Porter Paint Co., 61 Ohio St. 3d 486,
Other jurisdictions have created an exclusivity exception for intentional acts of coemployees when the intent to injure is for personal reasons and not against the employee as an employee. See, e.g., Stamper v. Hiteshew, 797 P.2d 784, 786 (Colo. Ct. App. 1990); Rogers v. Carmike Cinemas, Inc., 211 Ga. App. 427, 429 (1993); Johnson v. Ramsey County, 424 N.W.2d 800, 805 (Minn. Ct. App. 1988). We have not recognized such an exception in Massachusetts and see no reason to do so now under the facts alleged in this case.
Finally, it is important to note that there is no claim before us against the coemployees who allegedly harassed the plaintiff. Therefore, we need not express an opinion on the merits of any such claims. Cf. O’Connell v. Chasdi, 400 Mass. 686, 689-691 (1987).
Based on our conclusions above, we do not reach the plaintiffs argument that her claims are not preempted by § 301 of the Federal Labor Management Relations Act (29 U.S.C. § 185 [1994]). See Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 41 (1991).