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Dragonas v. School Committee of Melrose9/6/2005
sumption of discrimination by articulating two interrelated, nondiscriminatory reasons for the decision not to reappoint Dragonas as lead teacher, and supported them with competent proof: (1) although Dragonas and Cocchiara both had excellent credentials, Cocchiara was more technologically savvy and had a better vision for the future of the foreign languages department than Dragonas; and (2) Burke had concerns about Dragonas's performance as lead teacher and GAPP director, including her interpersonal skills, which were compared unfavorably to Cocchiara's. There is credible evidence in the record provided by Burke in his affidavits and Burke and Martin in their deposition testimony to support the defendants' position that these legitimate reasons were the real reasons for the decision to appoint Cocchiara instead of Dragonas.
In the third stage, the plaintiff must present "sufficient evidence from which a reasonable jury could find that at least one of [the employer's] reasons was false," and therefore a pretext from which unlawful discrimination could properly be inferred. Lipchitz v. Raytheon Co., 434 Mass. 493, 498 (2001). See Abramian v. President & Fellows of Harvard College, 432 Mass. at 117 (" t the third stage the employee must show that the basis of the employer's decision was unlawful discrimination[,]" which "may be accomplished by showing that the reasons advanced by the employer for making the adverse decision are not true"); Waite v. Goal Sys. Intl., Inc., 55 Mass. App. Ct. 700, 705 (2002) ("evidence, viewed in a light most favorable to the plaintiff, was sufficient to support a finding that at least one of the reasons advanced . . . was false").
Whether Dragonas has presented sufficient evidence here is a close question. The record establishes that the integration of computer skills and technology into the foreign language curriculum was an important consideration for the hiring committee. The school committee was not only being directed by the State to integrate technology into the curriculum, but had also decided to invest in a new computer-driven language laboratory. Furthermore, the hiring committee was looking for a future vision for the department. Burke described Cocchiara as answering questions on these matters insightfully. He also referenced specific suggestions she made that impressed the hiring committee, which decided unanimously in her favor. In contrast, Dragonas generally could not remember what questions were asked or by whom. She was unable to answer basic questions about the Internet and there is no evidence that she informed the hiring committee of her computer skills and training. Her statements corroborated Burke's assessment that Dragonas intended to continue past practices if reappointed, as she thought she was doing a very good job, and saw little reason for change.
The record also reveals that her past performance as lead teacher for foreign languages was another reason advanced by the employer for the adverse employment decision. This reason was interrelated, at least for Burke, with the first reason. On this issue, we are presented with a hotly contested credibility dispute between Dragonas and Burke -- Dragonas describing her performance as "everything that needed to be done and more," and Burke describing it as lackluster and deficient. Moreover, the factual underpinnings of each position -- whether Dragonas properly budgeted for the department, kept Burke informed of departmental issues, managed the GAPP program responsibly, led the department without creating unnecessary divisions and frictions due to her personality, supported technology initiatives, and responded to the school administration's MCAS concerns -- are contested and depende
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