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American Legion Post 12 v. Susa11/30/2005
n, Mr. Kettelle expressed his displeasure with an article in the local paper concerning the women's allegations against the Legion and then proceeded to inform Ms. Potter that she no longer had a position there. Id.
Mr. Kettelle testified that Ms. Potter was a valuable employee and that he dissuaded her from quitting her job. (Tr. 2 at 120-21.) He denied telling Ms. Potter he needed to know when she was coming back to work , after her letter in December 1999 regarding her absence due to bursitis. (Tr. 2 at 123.) He acknowledged that he never informed Ms. Potter that she had to be at work on the Saturday that she was told she missed her shift and, subsequently, that he cited as the reason for the terminating her employment. (Tr. 2 at 123-24.) Finally, he indicated that although he did not like the affidavit given by Ms. Potter, ultimately, she was fired because she was unable to work as a result of her physical ailment. (Tr. 2 at 104.)
On June 29, 2004, the Commission issued a written Decision and Order regarding the complainants' allegations. The Commission found that both Ms. Cote and Ms. Pacheco were discriminated against because of their sex with respect to their sexual harassment claims. (June 29, 2004 Decision (hereinafter "Decision") at 12.) In addition, it held that the Legion discriminated against the two women because of their ancestral origin and with respect to ancestral origin harassment. Id. at 16. The Commission found for both Ms. Cote and Ms. Pacheco on their charges that their terminations were based on ancestral origin discrimination and were in retaliation for opposing unlawful employment practices. Id. at 19. Furthermore, the Commission found that the women did not prove that the Legion terminated them because of their sex. Id. Finally, with respect to complainant Potter, the Commission determined that her termination was in retaliation for assisting in the Commission investigation. Id. at 24.
The Commission awarded damages, pursuant to G.L. 1956 ยง 28-5-24, to each complainant as a result of the Legion's unlawful employment practices. Ms. Cote was awarded back pay-an average of $600.00 per week in tips plus her hourly minimum wage-from the time of her termination to the time of the decision less the unemployment compensation and the interim earnings she received. (Decision at 27.) Similarly, Ms. Pacheco was awarded back pay-an average of $150.00 per week in tips plus her hourly minimum wage-from the time of her termination to the time of the decision less the unemployment compensation and the interim earnings she received. Id. Although Ms. Potter failed to testify regarding her salary at the Legion, she was also awarded back pay in the "amount she would have earned if she had continued to work for the [Legion]." Id. at 28, 32. In addition, complainants Cote, Pacheco and Potter, were awarded compensatory damages for pain and suffering in the amounts of $25,000.00, $15,000.00 and $5,000.00, respectively. Id. at 32.
On July 21, 2004, the Legion filed an appeal with the Providence County Superior Court. On appeal, the Legion argues that the Commission's decision was arbitrary and capricious, characterized by abuse of discretion and clearly erroneous in view of the reliable, probative, and substantial evidence on the record. Furthermore, the Legion maintains that the Commission committed an error of law by finding that it could be vicariously liable for the actions of its patrons. The Legion also argues that the Commission failed to assign the appropriate weight to the evidence in fashioning its award of damages. In response, the complainants and the Commission assert that the findings of the Commission were supported by the evidence and the damage awards we
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