CHARGE OF DISCRIMINATION MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION AND EEOC FEPA NUMBER EEOC NUMBER 96-SEM-0587 PILING DATE : 08/13/96 VIOLATION-DATE: 05/08/96 GAGNE, JILL HOME BUSINESS NAMED IS THE EMPLOYER, LAHOR ORGANIZATION, EMPLOYMENT AGENCY, OR STATE/LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME: LUDLOW BOYS & GIRLS CLUB TELEPHONE NUMBER: ( 413 ) 583 - 2072 12 CHESTNUT STREET NO OF EMPLOYEES: 00025 LUDLOW MA 01056 CAUSE OF DISCRIMINATION BASED ON: SEX THE PARTICULARS ARE ON MAY 8. 1996, LUDLOW BOYS AND GIRLS CLUB SUBJECTED ME TO UNLAWFUL DISCRIMINATION BY SUBJECTING ME TO SEXUAL HARASSMENT AND SUBSEQUENTLY DISCHARGING ME IN RETALIATION FOR OPPOSING DISCRIMINATORY PRACTICES, IN VIOLATION OF M.G-L. CHAPTER 151B SECTION 4 PARAGRAPHS 1 4 & 16A AND TITLY VII _OF THE 1964 CIVIL RIGHTS ACT, AS AMENDED. 1. I WAS HIRED IN OCTOBER, 1991, AS A GIRLS PROGRAM DIRECTOR. WAS TRANSFERRED INTO THE POSITION OF MIDDLE SCHOOL COORDINATOR 2, I HAVE ALWAYS RECEIVED POSITIVE EVALUATIONS AND PAY RAISES. 3. GON MARCH 6, 1996, A MEMBER OF THE BOARD OF DIRECTOR THOMAS PRTROLATTI BEGAN TO SUBJECT ME TO SEXUAL HARASSMENT. HE BEGAN TO CALL ME ON NUMEROUS JOCASSTONS AT WORK ASKING ME OUT REFUSING TO TAKE NO FOR AN ANSWER. Suu NOTIFIED MY SUPERVISOR DAN D'ANGELO OF THE HARASSMENT AND NOTHING WAS QONE | ON MARCH 16, 1996, I NOTIFIED THE EXCUTIVE DIRECTOR JAMES MORIARTY )F THE CONTINUING HARASSMENT. i, THE TELEPHONE CALLS CONTINUED UP UNTIL APRIL 16, 1996, WHEN I THREATEN 50 CALL HIS WIFE. ON MAY 9, 1996, I WAS TERMINATED FOR ALLEGED POOR INTERACTION BASED OW A NCIDENT BETWEEN MYSELF AND A PARENT. T AM AWARE THAT MANY OF THE STAFF HAVE HAD POOR INTERACTIONS WITH "ARENTS AND HAVE NOT BEEN DISCHARGED. 1 BELIEVE THAT I AM BEING DISCRIMINATED AGAINST BASED ON BEING SUBJECTED 0 SEXUAL HARASSMENT AND WAS DISCHARGED IN RETALIATION FOR OPPOSING THE ARASSMENT . IN 1994, MASSACHUSETTS COMMISSION AGAINST. DISCRIMINATIONI ALSO WANT THIS CHARGE FILED WITH BEOC:_/ 1 WILL ADVISE THE AGENCIES IF I CHANGE MY ADDRESS OR TELEPHONE NUMBER AND I WILL COOPERATE FULLY WITH THEM IN THE PROCESSING OF MY CHARGE IN ACCORDANCE WITH THEIR PROCEDURES I SWEAR OR AFFIRM THAT I HAVE READ THIS COMPLAINT AND THAT IT Ig TRUE TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF (SIGNATUKE OF IPLAINANT) SWORN TO AND SUBSCRIBED BEFORE ME THIS 13 DAY OF August 1996 gay CObditisees. 2, TQRER 4, 19 NOTARY PUBLIC Aibbessk 2. Mtg My Commrssron express: __ °° wt MASSACHUSETTS COMMISSION BCELWS AGAINST DISCRIMINATION AUG 12 1996 IhMASSACHUd«. (TS COMMISSION AGAINST DISCRIMINATION 436 DWIGHT STREET, ROOM 220, SPRINGFIELD, MASSACHUSETTS 01103 (413 739-2145) -DISMISSAL and NOTIFICATION of RIGHTS- DATE: 2/11/97 To: Jil Case: Gagne v. Ludlow Boys & Girls Club Docket No: 96-SEM-0587-SX EEOC No: 16C963617 Investigator: Gilbert L. May Your complaint is dismissed for the following reasons: [1 The facts you allege fail to state a claim under any of the statutes the Commission enforces. [1 Respondent employs less than the required number of employees [ere aout complaint was not timely filed with the Commission, i.e. you waited too long after the date(s) Of the alleged discrimination to file. Because it was filed outside the time limit prescribed by law, the Commission cannot investigate your allegations. [_ ]_ You failed to provide requested information, failed or refused to appear or to be available for Necessary interviewsiconference, or otherwise refused to cooperate -to:the extent that the Commission has been unable to resolve your complaint. You have had more than 30 days in which to respond to our written request. {1 The Commission's efforts to locate you have been unsuccessful. You have had at least 30 days in which to respond to a notice sent to your last known address. (1 The Respondent has made a reasonable settlement, offering full relief for the harm you alleged, 30 days have expired since you received actual notice of this settlement offer. pxy The Commission issues the following determination. Based upon the Commission's Investigation, the Commission is unable to conclude that the information obtained establishes a violation of the statutes. This does not certify that the Respondent is in compliance with the statutes, No finding fs made as to any other issues that might be construed as having been raised by this complain [ 1 Other (briefly state) -NOTICE of APPEAL- if you wish to appeal the dismissal of yout complaint and believe that the above stated reason for dismissal is incorrect, you may appeal to this Commission within 10 days after receipt of this notice, Your appeal of the dismissal must be made in writing by you or your attorney to the appeals clerk of this Commission. (Attention: ALAN CASSELLA). All employment complaints, where applicable, were filed by the MCAD with the Equal Employment Spportunity Commission. Our finding, which will be forwarded to its area office, One Congress Street Boston, MA wil be given substantial weight provided that such findings are in accordance with the requirements of Title Vil of the Civil Rights Act of 1964, the ADEA, ‘Sndior the ADA. as amen det sex Bs, ee u-97 Investigating Commissioner Date cc: Brian E. Hayes, Respondent's Counsel Jack F. St. Clair, Respondent's CounselMEMORANDUM TO: CASE FILE CASE NAME: Jill Gagne v. Ludlow Boys & Girls Club DOCKET NO: 96-SEM-0587-SX EEOC NO: _16C963617 INVESTIGATOR: | Gilbert L. May NUMBER OF EMPLOYEES: 20 RE: _RECOMMENDATION FOR DISMISSAL OF COMPLAINT DATE: February 11, 1997 ISSUE(S) INVESTIGATED: ‘On August 13, 1996, Complainant, a female, file a charge of discrimination alleging that Respondent discriminated against her by subjecting her to sexual harassment and by subsequent) discharging her in retaliation to her opposing diserminatory practices, in violation of M.G.L, C.154B, $4(1), (4) & (16A) and Title Vil of the 1964 Civil Rights Act. SUMMARY OF FINDINGS: Respondent denies the allegations. The evidence presented supports the claims made by Respondent that the decision to discharge the Complainant was based on her inappropriate actions and comments to the President and Chief Executive Officer of the club during an investigation into an incident that Complainant was involved with the parent of a child who attends the club. In conversation with the President and Chief Operating Officer, Complainant openly displayed physical hostility towards this seven year old child. Respondent states that there was a complaint made by Complainant conceming an allegation that she was receiving harassing phone calls. In response to this allegation, Respondent took corrective action. ° COMPLIANCE Arce SUPERVISOR