Adding it's voice to the ongoing debate amongst the Federal Circuits and too
numerous state courts, the Appeals Court of Massachusetts has held that an
individual employee may be held personally liable for sexual harassment of a
co-worker.
Mary Kellie Beaupre sued her former employer, Cliff Smith & Associates and
its president Clifford F. Smith, alleging wrongful discharge motivated by sex
discrimination under Massachusetts Statues section 151B. At trial Beaupre
successfully sought to hold Smith personally liable.
On appeal, Smith argued that Massachusetts' sex discrimination statute limits
liability to business entities, and does not authorize individual or personal
liability.
In affirming the personal judgment against Smith, the Appeals Court
distinguished a number of seemingly conflicting federal and state decisions.
The Court noted that, unlike other state and federal statutory provisions,
Massachusetts provides in plain, unambiguous language for personal liability.
The Court also found highly pertinent the statutory mandate that the
applicable provision be liberally construed for the accomplishment of its
purposes, one of which was to discourage and penalize discriminatory conduct,
including sexual harassment, by individuals-and the explicitly declared
policy of Massachusetts that all persons have the right to be free from
sexual harassment. Case; Beaupre v. Cliff Smith & Associates.
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