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American Legion Post 12 v. Susa11/30/2005
DECISION
Before this Court is an appeal by the American Legion Post 12 ("Legion") from a decision of the Rhode Island Commission for Human Rights ("Commission"), finding unlawful employment discrimination against three women-Carol A. Cote, Carol A. Stifano ("Pacheco") , and Deborah L. Potter (collectively "complainants")-and awarding both back pay and compensatory damages. The Legion argues that the Commission's decision was arbitrary and capricious and that the assessment of damages was unsubstantiated by the evidence. The Commission and complainants maintain that the decision was supported by the evidence and should be affirmed. Jurisdiction is pursuant to G.L. 1956 § 42-35-15.
FACTS AND TRAVEL
The complainants worked for the Legion in various capacities at its bar in North Kingstown, Rhode Island. Ms. Potter began working for the Legion as a bartender in June of 1983. In 1995, she was promoted to bar manager. Ms. Cote was hired by the Legion in October of 1997 to work full-time as a bartender. Subsequently, her mother, Ms. Pacheco, became employed on a part-time basis as a bartender in February of 1999. All three women were terminated from their positions by the appellant between December 1999 and January 2000.
On April 5, 2000, both Ms. Cote and Ms. Pacheco filed charges with the Commission, against the Legion, alleging employment discrimination in violation of the Rhode Island Fair Employment Practices Act, G.L. 1956 § 28-5-7. More specifically, each complainant alleged that the Legion discriminated against her with respect to terms and conditions of employment and the termination of her employment because of her sex, ancestral origin, and for opposing unlawful employment practices. On May 19, 2000, complainant Potter filed charges with the Commission, alleging that the Legion discriminated against her with respect to terms and conditions of employment in violation of § 28-5-7. In addition, she alleged that she was unlawfully terminated from her employment, in violation of § 28-5-7, in retaliation for assisting in an investigation of discrimination charges against the Legion. A hearing on the matter was held before the Commission on October 8, 2003.
A. Complainants Cote and Pacheco
Complainant Cote testified that shortly after she began working at the Legion, patrons began to call her "Mini Guinea" because of her Italian ancestry. (Hearing Transcript of 10/8/03 (hereinafter "Tr. 1") at 29.) Although Ms. Cote initially took the nickname in jest and invented a cocktail by the same name, she quickly became bothered by it and found it to be offensive. (Tr. 1 at 30.) In addition to asking the patrons to stop referring to her as "Mini Guinea," Ms. Cote complained to Ms. Potter, her supervisor, and Grant Kettelle, Chairman of the Legion's Board of Governors, on numerous occasions about the patrons' use of the offensive nickname. (Tr. 1 at 34, 36.) She testified that despite her complaints, the name calling continued and, on a few occasions, patrons refused to be served by her because she was Italian. (Tr. 1 at 32, 47) Ms. Cote also described how she was called an "[expletive] Guinea" when she refused to serve an intoxicated man at the bar. (Tr. 1 at 47.) She stated that she was so upset by the incident that she started shaking and began to cry. Id.
Ms. Pacheco testified that when she accepted her bartending position with the Legion, although she was aware that her daughter had been subject to name calling, she thought that she "could handle it." (Tr. 1 at 121.) Ms. Pacheco stated that she was called "Mama Guinea" by a patron on her first night of work. (Tr. 1 at 125.) She responded to the patron by telling him: "I will accept
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