Two separate complaints against the Town of Swampscott have been filed with the Massachusetts Commission Against Discrimination in response to alleged acts of discrimination by Town Administrator Sean Fitzgerald.
Police Officer Briana Sanchez and former Community Development Office Manager Maureen Shultz have filed complaints with MCAD, the Commonwealth’s primary discrimination-enforcement agency, alleging that Fitzgerald discriminated against them due to their sex and age, respectively.
Sanchez’s complaint
Sanchez filed her complaint on March 14, 2023, alleging that Fitzgerald asked her an inappropriate question during her interview for the police-officer position in February 2022.
“I was interviewed by acting Chief David Kurz, Capt. Joseph Kable, and Town Administrator Sean Fitzgerald,” Sanchez, who was known at the time as Briana Reder, said in her MCAD complaint. “During the interview, Mr. Fitzgerald asked me, ‘If you could change a physical feature on yourself – what would you change?’ ”
Sanchez said in the complaint that she considered the question inappropriate and asked Fitzgerald to clarify before responding.
“He proceeded to state, ‘Yes, I want you to share a physical feature.’ I replied, ‘I wish I was shorter.’ He replied, ‘You are not that tall for a female,’ and requested that I further clarify because he did not like my answer,” Sanchez said in the complaint.
Both Kable and Kurz independently reported Fitzgerald’s interview question to the Human Resources Department at Town Hall. According to Sanchez, they claimed none of the male candidates were asked the same question during their interviews.
Sanchez said in the complaint that when she informed Sgt. Candace Doyle that Fitzgerald’s question made her feel “extremely uncomfortable,” Doyle told her no males had been asked that question.
In the complaint, Sanchez said she was told on Feb. 21 that she would receive a call from Fitzgerald to apologize for the question he asked her. She said Fitzgerald called her to inform her that she would move forward in the hiring process, but did not apologize.
Sanchez first filed a complaint with Kable on July 27, 2022, reporting the interview question and alleging sex discrimination. She said she ran into Fitzgerald the week before, when she was filling out her employment paperwork.
“During my visit I ran into Fitzgerald, who made comments about my sex and the characteristics of females compared to males in law enforcement. He also mentioned that I was the only non-civil-service female hired in the force,” Sanchez said in her complaint. “I believe that he was alluding to me being hired because of my sex and not my qualifications.”
In August that year, she said she received an email from Fitzgerald stating that he “was sorry that any portion of his interview” caused her to feel “uncomfortable or upset.”
On Feb. 9, 2023, Sanchez said she received an email from Human Resources Director Peter Kane informing her that her complaint against Fitzgerald did not violate town policy.
Both Sanchez and Doyle declined to comment on the written complaint.
Shultz’s complaint
Shultz was 56 years old on June 24, 2020, when she filed her complaint alleging that Fitzgerald treated her differently than her younger colleagues, denied her bonuses, and eventually terminated her position because of her age.
MCAD responded to Shultz’s complaint with a split decision in July 2023. The commission found probable cause to credit allegations of failure to promote or hire because of age and allegations of termination based on age, but did not find probable cause to support Shultz’s allegations of disparate treatment due to her age.
In a mediation teleconference with an MCAD representative in October, Shultz’s attorney Neil Rossman and the Town of Swampscott were not able to settle the case.
Shultz was hired to work at the Office of Community Development in 2003 — roughly 14 years before Fitzgerald assumed the role of town administrator in January 2017. She alleged in her complaint that Fitzgerald moved her from the office she occupied for 15 years, rarely spoke to her in the office, and, when he did, spoke to her in an “offensive and degrading manner.”
“Complainant noticed that Fitzgerald did not speak to her in the office, but frequently spoke to other employees in the Community Development Office that were younger than the Complainant was. Complainant also observed that Fitzgerald did not include her in email communications he sent to other members of the office. When Complainant confronted Fitzgerald, he stated that he ‘forgot’ to include her,” the complaint said.
Shultz also alleged in her complaint that Fitzgerald had denied her flex time for attending evening board and committee meetings, while allowing her younger colleagues to use it. She further alleged that over the course of four years, Fitzgerald denied Shultz the cost-of-living increases and bonuses that her younger colleagues were awarded.
“In October 2019, Complainant spoke to Human Resources Director Julie DeLillo (50s) about the bonus system and why she was not selected. DeLillo said ‘Sean (Fitzgerald) does not like you, it’s a personality thing and you need to move on and just stop.’ Respondent and Fitzgerald did not have any specific criteria to earn the bonuses,” the complaint said.
In early June 2020, the Town of Swampscott informed Shultz that because of COVID-19 and other related budget cuts, her position was going to be eliminated, effective July 1, 2020. Shultz’s complaint alleges that she was not offered any other positions at Town Hall and that in Swampscott’s fiscal year 2021 budget, her position was the only town government position that received no funding.
Also in June 2020, the Town of Swampscott posted a part-time position listed as “land use secretary/office manager,” which listed Shultz’s job duties in the description. Shultz applied for the role, along with an additional four positions that she claimed she was qualified for in her complaint.
According to the complaint, Shultz received a call on July 10, 2020 informing her that because she had a “contentious relationship with Fitzgerald,” the town would not interview her for the part-time position she applied for in June or any other positions in Swampscott’s government.
“DeLillo stated that Fitzgerald would not hire Complainant to work for Respondent,” the complaint said.
Swampscott’s response
The Town of Swampscott responded to Shultz’s MCAD complaint, arguing that the elimination of Shultz’s position was for budgetary reasons and had nothing to do with her age.
The town also noted that Shultz was denied pay increases because she already earned a larger salary than the maximum for administrative assistants under Fitzgerald’s performance-based salary increase and bonus system, which was implemented in 2018.
In its response, the town added that five other employees, ranging in age from 23 to 61, did not qualify for bonuses.
“Complainant’s annual salary was $60,186. The maximum salary for new administrative assistants was $52,281. Because Complainant was already making over the maximum salary, she did not receive increases after her role change,” the Town of Swampscott wrote in its response. “Respondent assessed bonuses by using a method called ‘STAR’ (Situation, Task, Action, and Result). Complainant, along with five other employees, did not meet Respondent’s requirements to receive a bonus or raise.”
The town also denied Shultz’s claim that Fitzgerald ignored her, saying in its response that due to Fitzgerald’s busy schedule, he had “little time to socialize with employees in the office,” but interacted with Shultz in a professional manner. The town also stated that Shultz treated her coworkers in an unprofessional fashion.
“Respondent asserts that Complainant’s treatment of fellow employees became an issue, on one occasion in February 2018, Complainant admitted to being embarrassed by her actions and apologized to her coworker profusely for her negativity and unprofessionalism,” the Town of Swampscott stated.
Regarding Shultz’s claim that she was not hired for the part-time position despite her qualifications, the Town of Swampscott responded that since the new position was different from Shultz’s former role, she was not eligible for the right of first refusal.
The Town of Swampscott added in its response that the town filled the position in August 2020 when it hired a candidate who held a master’s degree in urban environmental policy and planning.
Although MCAD did not find probable cause for Shultz’s allegation that she was treated disparately or denied bonuses on account of her age, the agency wrote in its decision that there was probable cause for Shultz’s claim that she was denied employment because of her age.
“While Complainant lacked a similar degree, she had been performing the same or similar job functions for 17 years prior. Whether Complainant was minimally qualified for the position is in dispute,” MCAD stated in its findings. “Respondent asserts a number of budgetary reasons for replacing Complainant with a younger individual that they could pay substantially less.”
Fitzgerald could not be reached for comment.
