![]() 12, § 11I based on sexual orientation, against Kitchen, Etc.) Count VI (negligent infliction of emotional distress, against Kitchen, Etc.) Count VII (intentional infliction of emotional distress, against Kitchen, Etc.) Count IX (aiding and abetting in violation of G.L. 12, § 11I stemming from sexual harassment, against Kitchen, Etc.), Count IV (violation of G.L. The defendants have now moved to dismiss nine of the counts: Count II (violation of G.L. On March 25, 2003, Cuddi filed a 16-count complaint in this court. Approximately ninety days later, Cuddi removed the complaint from the MCAD. On October 31, 2002, Cuddi filed a complaint with the Massachusetts Commission Against Discrimination (“MCAD”) against Kitchen, Etc., describing these incidents. Cuddi decided to stay at the Burlington retail store but the harassment continued and on June 16, 2002, he contacted May and notified her of his resignation. had a “zero tolerance policy” for sexual harassment but failed to take any disciplinary actions against the employees who had allegedly harassed him. May then told Cuddi he would either be demoted and moved to a different retail store 80 miles away or he could resign. He alleges that shortly thereafter, May stated to Cuddi that he was losing control of the store because of his failure to report the harassment earlier. Cuddi also alleges that on another occasion that same month, defendant White came into the back room and said in the presence of Cuddi, Michaud and Doherty, “I heard a gay guy was screwing in the back room and I wanted to see how a gay guy screwed.” Cuddi alleges in his complaint that sexually harassing comments and conduct of this sort occurred on a daily basis at the Burlington store.Ĭuddi further asserts that he reported the alleged harassing conduct to his supervisor, district manager Judith May, in June 2002. this is what you want,” and proceeded to unbuckle his belt and unzip his pants. Specifically, Cuddi alleges that in May 2002, Doherty approached him in the back room of the store and stated, “this is what you called me back here for. Cuddi alleges that while he was employed at the Burlington store, defendants Michaud, White and Doherty, employees of Kitchen, Etc., subjected him to a hostile work environment based on his sexual orientation. as an assistant store manager in January 2000, and promoted to general manager of its retail store in Burlington, Massachusetts, in December 2001. For the following reasons, the defendants’ motions are allowed in part and denied in part.Ĭuddi was hired by Kitchen, Etc. The defendants have moved to dismiss certain counts of the complaint pursuant to Mass. (“Kitchen, Etc.”), Scott Michaud (“Michaud”), Edward Doherty (“Doherty”), Judith White (“White”), Judith May (“May”), Ron Mayly (“Mayly”), Robert Camp (“Camp”) and Darlene Taillon (“Taillon”) (collectively, “the defendants”), alleging sexual harassment and sexual orientation discrimination, civil rights violations, retaliation, negligent and intentional infliction of emotional distress, and aiding and abetting, arising from a hostile work environment. Paul Cuddi (“Cuddi”), a former employee of Kitchen, Etc., brought this action against Gallery Gift Shoppes, d/b/a Kitchen, Etc. Loading Spinner An icon of a loading spinner.GALLERY GIFT SHOPPES, D/B/A KITCHEN, ETC., Success Tick Timeout An icon of a greyed out success tick. Information An icon of an information logo. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Video Camera An icon of a video camera shape. ![]() Previous An icon of an arrow pointing to the left. Notice An explanation mark centred inside a circle. Next An icon of an arrow pointing to the right. Hamburger Menu Icon An icon used to represent a collapsed menu. Search Icon A magnifying glass icon that is used to represent the function of searching. Magnifying Glass An icon of a magnifying glass. Comments An icon of a speech bubble, denoting user comments. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Breaking An icon of an exclamation mark on a circular background. Pause Icon A two-lined pause icon for stopping interactions. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Is Public An icon of a human eye and eyelashes. Telephone An icon of a traditional telephone receiver. Profile An icon that resembles human head and shoulders. Linked In An icon of the Linked In "in" mark. Facebook An icon of the Facebook "f" mark. Caret An icon of a block arrow pointing to the right. Cancel An icon of a circle with a diagonal line across.
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