SANDRA CONWAY v. ELECTRO SWITCH CORP., 402 Mass. 385

Summary

The federal district court had ruled that front pay was not available in employment discrimination actions under federal statutes, but that it was available under ch. 151B, § 5. The court held that front pay was, as a matter of law, available under the statute. The statute provided that, upon a finding of discrimination, the Massachusetts Commission Against Discrimination could take such action as would effectuate the purposes of the chapter. Thus, the commission had broad power to fashion remedies and the provisions of the chapter were to be construed liberally pursuant to Mass. Gen. Laws Ann. ch. 151B, § 9. The legislative intent to afford victims of discrimination full compensatory damages was plain, and that included payment of future damages. The court found no reason to limit the restoration of lost pay to the period before the date of judgment. The uncertainty of the amount was not a bar to the award of such damages, and the duty to mitigate the damages would attach, as with a ...