Yes, it can be. The Appeals Court held that a state trooper plausibly alleged retaliation based on how his internal discrimination complaint was handled outside the employer’s own policies, and based on a claimed constructive discharge after he complained. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.
What happened
The employee worked for the Massachusetts State Police for twenty-five years. He filed an internal complaint alleging discrimination by his supervisor. He alleged that a senior officer diverted the complaint away from the unit that was supposed to investigate it, stayed involved after the employee was told in writing he was recused, and signed the letter closing the case. He also alleged he was denied a copy of the investigative report he had been promised. When the supervisor was set to return, the employee was told he could stay under that supervisor or accept a transfer requiring a commute of at least three hours a day. He resigned and sued. A Superior Court judge dismissed every claim, and he appealed the dismissal of his retaliation and constructive discharge claims.
What the court decided
In Baker v. Massachusetts State Police Department, No. 24-P-112 (Mass. App. Ct. May 2, 2025) (Rule 23.0 decision), the court reversed the dismissal of the retaliation and constructive discharge claims and affirmed the rest of the judgment.
Retaliation is its own claim. General Laws c. 151B, § 4(4), makes it unlawful to punish someone for opposing discrimination or filing a complaint. A retaliation claim can succeed even if the underlying discrimination claim fails. Abramian v. President & Fellows of Harvard College, 432 Mass. 107 (2000). The employee must show protected conduct, an adverse action, and a causal link between them. Mole v. University of Mass., 442 Mass. 582 (2004).
The trial judge ruled there was no adverse action because the employee was not demoted, moved, or given new duties. The Appeals Court disagreed for two reasons.
First, an adverse action is a change in working conditions that creates a material disadvantage. Ritchie v. Department of State Police, 60 Mass. App. Ct. 655 (2004). The right to have an internal complaint investigated under the employer’s own policies can be part of those conditions. The alleged irregularities in how the complaint was handled plausibly showed a material disadvantage.
Second, a constructive discharge can be an adverse action. A constructive discharge happens when conditions are so difficult or unpleasant that a reasonable person in the employee’s shoes would feel compelled to resign. GTE Prods. Corp. v. Stewart, 421 Mass. 22 (1995). The employee alleged repeated mocking and belittling in front of coworkers, denial of assignments that went to less senior officers, and a choice between returning to the same supervisor or a long, dangerous commute. Whether a transfer is adverse depends on the person and the facts. Yee v. Massachusetts State Police, 481 Mass. 290 (2019). That kind of factual question cannot be decided against the employee on a motion to dismiss, where the complaint only needs facts that plausibly suggest a right to relief. Iannacchino v. Ford Motor Co., 451 Mass. 623 (2008).
The court also noted that constructive discharge is not a stand-alone claim under Massachusetts law. It is a way to prove that a resignation was really a firing. The employee may ask the trial court for leave to amend his complaint if he wants to plead a separate wrongful discharge claim. The court took no view on whether that claim would succeed.
What this means for you
Many workers think retaliation means only firing, demotion or a pay cut. This decision shows the definition can be broader. If your employer buries your complaint, routes it around its own procedures, lets someone close to the person you accused handle it, or breaks promises about the process, that may be a material disadvantage.
The decision also shows that a resignation does not automatically end your case. If staying would have meant intolerable conditions, the law may treat your departure as a discharge. But the test is objective. Your own frustration is not enough. The question is whether a reasonable person in your position would have felt forced out.
Keep in mind this was a ruling on a motion to dismiss. The employee still has to prove his allegations. The court only held that his complaint described enough to move forward.
What to do now
- Put your discrimination complaint in writing and follow your employer’s written complaint policy. Keep a copy of the policy you relied on.
- Save every written promise about how your complaint will be handled, including who will investigate and whether you will get the report.
- Write down each change after you complain: assignments, schedules, transfers, comments, and who made each decision, with dates.
- Before you resign, get advice. How and why you leave can affect whether a court treats it as a constructive discharge.
- Watch the filing deadlines for a complaint with the Massachusetts Commission Against Discrimination. They are short.
If this is your situation, call Doubleday Law at (617) 575-2006 or tell us what happened. Deadlines for discrimination and employment claims can be short.
