According to a report from NBC 10 Boston, a female police officer from Bridgewater alleges that she was retaliated against by her supervisor for reporting discrimination. Sgt. Kelly Chuilli—a 25-year veteran of the Bridgewater Police Department—alleges that she was denied a promotion and that she was qualified due to discrimination. She was subsequently demoted. Within this article, our Massachusetts workplace discrimination attorneys discuss the case and explain your options if you were subject to adverse action (retaliation) after reporting discrimination by an employer.
Background: Female Police Officer Denied Promotion
As reported by NBC 10 Boston, Sergeant Kelly Chuilli was seeking a lieutenant and captain positions at the Bridgewater Police Department. With multiple decades of experience on the form, she was reportedly confident in her qualifications for the position. Before the exam, her supervisor—who, notably, was also a candidate—asked her to sign up but not take the test. He offered to pay her fee. She emphasized that she was shocked by this request. She declined that offer and took the test. She reportedly received the highest scores and was recommended by a panel of local police chiefs. However, she was passed over for the promotion in favor of another officer.
Allegations: Denial of Promotion Was Discriminatory, Retaliation Followed Complaint
Sergeant Kelly Chuilli believes that she was denied a promotion due to her sex and gender. Here legal counsel argues that the police department maintains an “old boys’ network” with no room for female command staff. After refusing her supervisor’s request, Ms. Chuilli alleges she faced retaliation. Among other things, she contends that
- She was removed from supervising detectives;
- She was reassigned to patrol duties; and
- She had to publicly move her belongings.
She filed a lawsuit against the Town of Bridgewater and Chief Delmonte, alleging discrimination and retaliation. In doing so, Mr. Chuilli is challenging the promotion decision before the state’s Civil Service Commission. During commission hearings, detectives praised Ms. Chuilli’s leadership. For his part, Chief Delmonte denies any wrongdoing. He countered that promotions were merit-based.
Too Many Workers Face Adverse Action from Employers When Reporting Discrimination
Unfortunately, workplace discrimination remains a far-too-common problem in Massachusetts. Even more alarmingly, too many employees who exercise their legally protected right to report discrimination face adverse action from their employers. Retaliation is illegal in Massachusetts. It can manifest in various forms—such as demotion, a salary reduction, a reassignment to less desirable duties, or wrongful termination termination.
You Can File a Claim for Retaliation if Punished for Complaining About Discrimination
As an employee in Massachusetts who was subject to any type of discrimination in the workplace, you may be worried that you will be punished by your employer for bringing a complaint—whether internally within the company or externally through a formal claim. It is an understandable and reasonable concern. At the same time, there is good news:
- As explained by the Massachusetts Commission Against Discrimination (MCAD), Commonwealth law protects workers who reported discrimination against retaliation by their employer.
If you were the victim of retaliation after reporting discrimination, you are protected under the law. Depending on the size of your employer, you may have both a federal claim and a state claim. To bring a successful retaliation claim in this context, you must prove: 1) You complained about discrimination (protected activity), 2) You were subject to some type of punishment by your employer after doing so (adverse action) and 3) The punishment from your employer was because you reported discrimination (causation).
Potential Remedies for Unlawful Workplace Retaliation in Massachusetts
What are the available remedies through a workplace retaliation claim in Massachusetts? The answer depends on a wide range of case-specific factors. If you were subject to adverse action after reporting discrimination, our Massachusetts retaliation lawyer can help you seek:
- Reinstatement of Position: If an employee was wrongfully terminated or demoted, they might be entitled to return to their former position or an equivalent one. A remedy seeks to restore the employee to the status they held before the retaliation occurred.
- Back Pay and Benefits: Employees may recover lost wages and benefits resulting from the retaliation. It may include salary, bonuses, health insurance, and any other benefits they would have received had the adverse action not taken place.
- Compensatory Damages: These damages cover out-of-pocket expenses caused by the retaliation. These are costs for things like job searches or medical expenses related to emotional distress. A lawyer can help you evaluate compensatory damages.
- Attorney’s Fees and Legal Costs: Successful claimants can often recover the costs of legal representation, including attorney’s fees and court expenses. it ensures that the cost of pursuing justice does not deter employees from filing legitimate claims.
- Punitive Damages: While only granted in limited cases, a Massachusetts court may award an employee who was retaliated against for reporting discrimination punitive damages. These damages are received for cases in which the employer’s actions were egregious.
Why Employees Trust Our Massachusetts Workplace Discrimination Lawyers
You should be able to complain about—and formally report—workplace harassment without facing any form of adverse action from your employer. Sadly, too many businesses and organizations retaliate against workers who report discrimination. It is an illegal practice and these employers must be held accountable. At Hayber, McKenna & Dinsmore, LLC, we are here to help employees get justice and compensation for their damages. Our testimonials from clients and history of case results show what we can do to help workers in discrimination cases. Our Massachusetts workplace discrimination lawyers provide personalized legal guidance and support.
We Handle Discrimination and Retaliation Claims in Massachusetts
At Hayber, McKenna & Dinsmore, LLC, our Massachusetts employee rights lawyers have the professional skills and proven legal expertise to take on all types of cases, including discrimination claims and retaliation claims. Call us at (860) 522-8888 or contact us online to arrange your fully private, no obligation case review. With our law offices in Springfield and Northampton, we represent employees in discrimination cases and retaliation cases throughout Massachusetts.