Yes. In a May 2024 decision, the Appeals Court affirmed a judgment against a supervisor personally for sexually harassing a worker he supervised, including $250,000 in compensatory damages, $100,000 in punitive damages and $114,100 in attorney’s fees. Most of his appeal failed because he had not objected at trial. This is an unpublished Appeals Court decision under Rule 23.0, which courts may cite as persuasive but not as binding precedent.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 worker began as an academic advisor at a university in January 2017. Her direct supervisor was an associate dean. The trial judge could have found that, starting on her first day, he asked her inappropriate personal questions, called her his “girlfriend,” made unwanted physical contact, and reminded her that as her supervisor he could “erase” her. She was on probation and did not report it at first. A few months later she and another woman filed complaints with the university. The university investigated, ordered him to have no contact with her, removed him as associate dean, and moved the worker to a different department. She sued him in Superior Court for a hostile work environment based on sexual harassment under G.L. c. 151B, § 4. After a jury-waived trial, the judge awarded $250,000 for emotional distress and, finding his conduct outrageous and the result of malicious motive and reckless indifference, added $100,000 in punitive damages. With costs and interest the award totaled $440,092.
What the court decided
In Praileau v. Ibe, No. 22-P-1171 (Mass. App. Ct. May 20, 2024) (Rule 23.0 decision), the Appeals Court affirmed.
Objections must be made at trial. Except for the fee issue, none of the supervisor’s arguments had been preserved by a proper objection at trial, so they were waived. Carey v. New England Organ Bank, 446 Mass. 270 (2006). The court would not excuse this because he represented himself, since self-represented parties are held to the same standards as lawyers. Even so, the court reviewed the record and found no basis for a new trial.
The university’s letters. The judge admitted university letters finding a policy violation and removing him from his post, but only to show he was on notice, not for the truth of their conclusions. The court found no error in that limited use.
Questions about other accusations. The worker’s lawyer asked the supervisor about past accusations by other women. Because a judge, not a jury, decided the case, the risk of unfair prejudice was lower, and the judge more than once reined in that questioning and made clear she was deciding only this worker’s case.
Proof of emotional distress. The supervisor challenged two documents from a provider who treated the worker. They were not offered as medical records, and they were relevant to whether she suffered emotional distress, so admitting them was not an abuse of discretion.
Attorney’s fees. Under G.L. c. 151B, § 9, a court that finds for the person bringing the claim may award actual and punitive damages, and must award reasonable attorney’s fees and costs unless special circumstances would make that unjust. The judge found a $500 hourly rate and the time spent reasonable, and the Appeals Court saw no abuse of discretion. Because the worker prevailed, she was also entitled to fees for the appeal.
What this means for you
A Chapter 151B harassment claim does not have to stop at the company. Here the worker sued the supervisor who harassed her and won a judgment against him personally.
Punitive damages are possible when the conduct is outrageous. The judge here found the supervisor acted with malicious motive and reckless indifference.
Reporting builds a record. The university’s investigation, no-contact directive and removal of the supervisor all came out at trial, and another woman with similar experiences testified.
Fee shifting matters too. Because the law requires a losing defendant to pay reasonable fees in most cases, a strong claim can be worth bringing even against an individual.
The case is also a reminder for anyone in court: an objection not made at trial is usually lost on appeal.
What to do now
- Write down each incident: the date, what was said or done, and who saw it.
- Keep texts, emails, voicemails and call logs.
- Report the conduct under your employer’s policy, in writing if you can, and keep a copy.
- Keep records of any counseling or other care you receive because of the harassment.
- Talk to a lawyer about filing with the MCAD before the deadline passes.
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.
Prior results do not guarantee a similar outcome.
