Mass. State Police discriminated against female and minority troopers; ordered to pay $6.8M+

A Suffolk County jury found on Monday that Massachusetts State Police systematically discriminated against female and minority troopers through its internal promotion practices, ordering the department to pay more than $6.8 million in damages.

The verdict came in a lawsuit that had originally been filed in 2016, which claimed the agency chose to not promote troopers who were women and of diverse racial and ethnic backgrounds.

The suit was filed by five former and current state troopers, including people who were women, Black or Hispanic, who claimed they were not awarded positions in specialized units due to racial and gender bias.

These units varied from Internal Affairs, Narcotics Inspection and K-9, to detective units within the Hampden, Middlesex and Northwestern Counties' District Attorney's Offices and to Station Commander positions in Medford, Newbury and Concord.

Former trooper Lisa Butner, a Black woman who said she was passed up for roles based on both her race and gender, was lead plaintiff on the case.

Butner proved to the jury that state police's employment practices have a "significant discriminatory impact" on its employees who are female or of color.

She also proved state police have "refused to adopt or use an alternative practice that equally or better serves" its business needs that would have a "lesser disparate impact" on its minority and female employees, and that its conduct was "egregious."

Butner was passed up for a promotion within the state police Internal Affairs Unit in November 2013. She told the courtroom during the jury trial, which began in October, that she felt she was "more qualified" compared to the men elevated above her, The Boston Globe reported.

"I'm not saying it's intentional," Butner told the courtroom she'd said to the colonel and lieutenant at the time, the Globe reported.

"I'm saying this is what's happening and this is the effect that this process is having."

Butner alone will receive over $4.1 million as part of the verdict in the lawsuit, court filings show.

Two men named plaintiffs, Luis Martinez and Dana Oliver, claimed they were racially discriminated against between 2015 and 2018. Martinez will receive more than $350,000 in damages and Oliver will receive over $690,000.

The other two women included as plaintiffs, Marion Fletcher and Deborah Ryan, will receive nearly $1.3 million and over $410,000, respectively.

Following the verdict, a state police spokesperson told MassLive the agency "remains fully committed to building a Department at every rank that reflects the communities we serve."

"We continue to implement promotional processes that align the department with national best practices and strengthen our workforce by elevating candidates who not only possess the necessary skills and experience, but also uphold the values essential to delivering excellent police services," the spokesperson said.

Plaintiff lawyer Lisa Brodeur-McGan told the jury that State Police had shown a "level of evil" and were missing notes and legally required data, the Globe reported.

The State Police attorney, Assistant Attorney General Anne McLaughlin, argued all five plaintiffs had distinguished careers in the organization, were promoted on other occasions and that, "It's just sometimes you just don't get picked." She also said the state police's well-known issue recruiting women and minorities is "not one" for the jury to solve, the Globe reported.

But Brodeur-McGan told the courtroom in closing arguments, "I am going to ask you to punish the State Police."

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