PowerComm, LLC v. Holyoke Gas & Electric, et al, No. 10-2327 (1st Cir. 2011)Annotate this Case
Plaintiff, a small, family-owned firm, with Puerto Rican owners, does construction and related work on electrical utility lines, and had contracts with defendant. Plaintiff's employee was severely electrocuted and burned in accident that occurred while working on an project for defendant and defendant's manager ordered a work stoppage pending investigation, during which the contract expired. OSHA fined plaintiff. When defendant next put contracts out to bid, another company got the primary contract and plaintiff got the secondary contract, which it declined. When re-bidding became necessary, plaintiff did not participate, but filed suit, alleging discrimination in the early termination of the earlier contract and in the award and hostile work environment as well as unfair practices under state law (42 U.S.C. 1981, 1983, 1985 and Mass. Gen. Laws ch. 93A, 9, 11). The district court dismissed. The First Circuit affirmed, noting the lack of evidence of racial animus.