Kimberly Dahms vs. Cognex Corporation & others
Case Details
- Citation
- 455 Mass. 190
- Procedural Posture — the stage the case had reached
- appeal
- State
- Massachusetts
- Circuit
- 1st Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Jury returned a verdict for all three defendants (Cognex Corporation, John J. Rogers, and Robert J. Shillman) on all counts, including sexual harassment, hostile work environment, retaliation, and tort claims. The Supreme Judicial Court affirmed, finding no abuse of discretion in evidentiary rulings or jury instructions.
Excerpt
Kimberly Dahms vs. Cognex Corporation & others. Middlesex. May 5, 2009. October 15, 2009. Present: Marshall, C.J., Ireland, Spina, Cowin, Cordy, & Gants, JJ. Employment, Sexual harassment. Evidence, Settlement offer, Judicial discretion, Relevancy and materiality, Hearsay, State of mind. Practice, Civil, Instructions to jury. At the trial of a civil complaint alleging, inter alla, sexual harassment in employment and retaliation, the judge did not err in allowing the defendants (the corporate employer and one of its officers) to introduce in evidence statements made during settlement negotiations on a claim that the plaintiff filed with the Massachusetts Commission Against Discrimination, where the statements were probative of whether the work restrictions imposed on the plaintiff subsequent to the filing of that claim were imposed for a nonretaliatory purpose. [198-199] At the trial of a civil complaint alleging, inter alla, sexual harassment in employment and retaliation, the judge did not abuse his discretion in allowing the introduction of evidence regarding the plaintiff’s clothing, speech, and conduct, where the plaintiff’s counsel was the first to mention evidence of this type and introduced photographs of the plaintiff and other employees of the corporate defendant in various party costumes; where such evidence was probative of whether the plaintiff was subjectively offended by her work environment or by the conduct of one of the individual defendants, and was not admitted as character evidence; and where some of that evidence was also relevant to show another individual defendant’s state of mind. [199-202] At the trial of a civil complaint alleging, inter aha, sexual harassment in employment and retaliation, the judge’s exclusion of a certain witness’s testimony about the substance of a telephone conversation did not rise to the level of an abuse of discretion, where the judge permitted the witness to testify that the plaintiff contacted her and was upset on the telephone. [202-204] The judge at a civil trial did not abuse his discretion in declining to take judicial notice of the release date of a movie, or in denying a request for rebuttal testimony regarding the date of the movie’s release, where the party seeking to introduce such testimony had not proposed a proper method for introducing such evidence before resting its case-in-chief. [204] At the trial of a civil complaint alleging, inter alla, sexual harassment in employment and retaliation, although the judge’s instruction on the claim that two of the individual defendants created a hostile work environment contained error, the verdict would not have differed absent the error. [204-208] Civil action commenced in the Superior Court Department on June 24, 1999. The case was tried before Stephen E. Neel, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Wendy H. Sibbison for the plaintiff. Joan A. Lukey (Elizabeth E. Feeherry with her) for Cognex Corporation & another. Justine H. Brousseau for John J. Rogers, Jr. Rebecca G. Pontikes, Tara M. Swartz, & Jonathan J. Margolis, for Massachusetts Chapter of the National Employment Lawyers Association, amicus curiae, submitted a brief. Catherine C. Ziehl & Beverly I. Ward, for Massachusetts Commission Against Discrimination, amicus curiae, submitted a brief. Robert J. Shillman and John J. Rogers, Jr. Cordy, J. Kimberly Dahms, an employee of Cognex Corporation (Cognex), filed a civil complaint alleging that John J. Rogers, an officer of Cognex, subjected her to “quid pro quo” sexual harassment over the course of several years in violation of G. L. c. 151B, § 4 (16A); Cognex and Robert J. Shillman, the chief executive officer of Cognex, aided and abetted Rogers’s harassment by failing promptly to investigate his conduct and take corrective measures to stop it; Rogers and Shillman created a hostile work environment in violation of G. L. c. 151B, § 4 (16A); and all three defendants wrongfully retaliated against her in violation of G. L. c. 151B, § 4 (4), because she reported being sexually harassed and filed a charge with the Massachusetts Commission Against Discrimination (MCAD). She also claimed that Rogers was liable for assault, battery, and intentional infliction of emotional distress. The trial commenced on October 1, 2003, and on November 10, the jury returned a verdict for the defendants on all counts. Dahms appealed, arguing that the judge erred in allowing certain evidence to be introduced, in excluding certain other evidence, and in instructing the jury on hostile work environment sexual harassment. We transferred the case from the Appeals Court on our own motion. We affirm. 1. The trial. The following evidence was introduced at trial. In 1981, Shillman cofounded Cognex, a company that designs and manufactures computer systems that can “see” their surroundings. Dahms, who held a bachelor of science degree in computer engineering, was hired by Cognex in 1990 and by 1996 had become its director of customer satisfaction. In her position at Cognex, Dahms was subject to a noncompete agreement. Dahms reported to Patrick Alias, the executive vice-president of sales and marketing at Cognex, who reported to Shillman. Rogers, a certified public accountant, joined Cognex in 1991 and, at different times, held the titles of vice-president of finance and administration, chief financial officer, and treasurer. In 1996, Rogers moved to the town where Dahms lived, and the two sometimes traveled to work together. Dahms testified that she and Rogers began discussing the failure of one of his recent romantic relationships, and that Rogers was “heart-broken.” Rogers testified that they also discussed Dahms’s boy friend at that time, a Cognex engineer named Michael Cook, and that from the summer of 1996 until the summer of 1997 they frequently discussed their personal lives and relationships. Much of the trial focused on the broadening of the relationship between Rogers and Dahms in 1996 and 1997. Dahms testified that she and Rogers “became friendly” and sometimes saw each other outside of work. Marilyn Matz, who at the time of trial was a senior vice-president in charge of engineering at Cognex, testified that Dahms and Rogers appeared to be friends, and that they “chatted” and “danced at parties.” Jo Ann Woodyard, vice-president of corporate employee services at Cognex (including human resources and corporate communications), testified that Dahms “obviously had a friendship with [Rogers],” and that during the first half of 1997, she increasingly saw Dahms socialize with Rogers at company events, at times placing a “hand on the [other’s] arm” and frequently socializing in hallways and in meetings. She said Dahms appeared “happy” and “friendly.” She also reported often seeing Dahms in Rogers’s office with the door closed. Dahms testified that Rogers asked her to accompany him to his high school reunion and that this made her uncomfortable. She also testified that he asked to spend a weekend with her in her rented ski house; Rogers denied this. Dahms further testified that she never had any romantic interest in Rogers; Rogers testified that she initiated a first kiss, and that she “had very strong feelings” for him. As of January, 1997, Rogers was dating a woman whom he later married. By the spring, 1997, Dahms was living with Cook, whom she later married. Around that time, Dahms began receiving voicemails from Rogers, which she recorded and kept; he described her as beautiful, said that he dreamed of her, and said that he wanted to kiss her. Rogers testified that Dahms left him voicemails with a similar tone, but that he did not have any reason to record them. Dahms denied that she had left such voice-mails for Rogers. In March, 1997, Dahms and Rogers took a business trip to Japan. She testified that at dinner one night, he told her that he would have a role in her next promotion. He had a lot to drink that night, she said, and he later tried to push open the door to her hotel room; she shut the door and locked it, and thirty minutes later he returned and pounded on the door. Dahms was upset by this and telephoned a friend, Denise Donovan, in the United States, to talk about it. Rogers denied Dahms’s version of events, testifying that she invited him to her room that night, and that he left the room without incident. Finally, Dahms and Rogers testified that they went on a rafting trip in June, 1997, together with their future spouses. Dahms said that the trip was uneventful, except that Rogers once stated that he was “the guy who decided how much money [Cook] and [Dahms] made.” Rogers said that Dahms was excited about the trip, and that he and Dahms talked about how they might be better suited for each other than the people they were dating at the time because they both enjoyed outdoor activities. After the rafting trip, Dahms testified, she ended all nonwork contact with Rogers. Soon thereafter, Rogers registered complaints about Dahms to her direct supervisor, Alias, on her use of a company credit card, her travel expenses, and her criticism concerning an unsuccessful Cognex project. Dahms told Alias in August, 1997, that such criticism might not be objective because she had told Rogers that she “didn’t want to date him.” In September, 1997, Dahms approached Shillman to discuss Rogers’s conduct, and played the voicemails for him. Shillman was “outraged” and “distraught” that “Rogers had gotten involved with a female at Cognex against [his] specific orders.” He began pacing around his office, and told Dahms that “this would be the last time that Mr. Rogers would do that.” He told Dahms that he would fire Rogers if she wished; she initially did not respond, but later told Shillman that she did not want him to fire Rogers. He asked Dahms to write a summary of Rogers’s actions, and to deliver to him copies of the tape recordings of the voicemails. Approximately one month later, Dahms sent Shillman the tapes and a two-page memorandum highlighting Rogers’s conduct. After the meeting with Dahms, Shillman began an investigation into Rogers’s conduct, and reminded Rogers that he was prohibited from engaging in any type of romantic relationship with a Cognex employee. He did not inform Rogers of Dahms’s complaint because she had asked him to keep the report confidential. Rogers lied to Shillman, saying that he had not “asked anybody out at Cognex.” Shillman testified that he believed Rogers had “misbehaved,” but struggled over the proper response in light of Dahms’s request that Rogers not be fired. Shillman then approached Woodyard for advice; she surprised him by saying he should “take a step back” before acting. She told him that Dahms and Rogers “had a very close relationship,” and had had dinners and dates together. He testified that in light of this information (which he was told was “company knowledge”), he was “confused why [Dahms] would make these claims.” He began asking Cognex employees about their relationship, and learned that Dahms had cooked food for Rogers; that they went on skiing, rafting, and other trips together; that they had gone on double-dates together; and that they visited each others’ homes. He testified that at this point, although he was still inclined to fire Rogers for becoming involved with a Cognex employee, he had concluded that Rogers’s “voice-mails were wanted, not unwanted,” and that Dahms was “making a false claim” about the harassment. He continued to weigh his response to Rogers’s behavior, and checked in with Dahms approximately five times in the months following the receipt of her memorandum to see if Rogers was bothering her in any way; she said he was not. There were no new developments regarding Dahms’s harassment claims, and Shillman testified that by 1998 he “was comfortable that the matter of John Rogers and [Dahms] was over.” On May 13, 1998, Cognex held a meeting with an important customer. The customer had reported serious problems with some Cognex products, and requested the meeting to discuss how Cognex would solve them. During the meeting, several Cognex employees gave presentations outlining and discussing the project from various points of view. Shillman testified that when Dahms stood to give her own presentation, she stated that the problems were caused by Matz, who was in the room. This, Shillman testified, angered him, and that it was “frankly the worst thing that can happen in front of a customer.” He pulled Dahms aside in the parking lot as they were leaving the meeting, and told her that he was disappointed that she would “blame other people in the company in front of a customer.” In response, she said, “Bob, I want you to pay my legal fees,” referring to her having consulted with a lawyer in the summer of 1997 about a possible harassment claim arising from Rogers’s conduct. He said that he would consider paying them if she submitted receipts, but that her legal claim was not connected to her behavior in the meeting with the customer. One month later, she submitted legal bills totaling $4,500. Shillman then called Dahms to a meeting, and offered her $5,000 and 10,000 shares of Cognex stock if she would agree to release the company and its officers and employees from any claims of harassment she might have arising out of Rogers’s conduct. She rejected the offer. Dahms filed a complaint with the MCAD on August 7, 1998. In addition to sexual harassment claims against Rogers, the complaint alleged that Cognex had created a sexually hostile work environment, and that Shillman (personally) had both sexually harassed Dahms and had created a hostile work environment.* Shillman testified that he was shocked to be named personally in the MCAD complaint, that he had never sexually harassed anyone, and that he knew the claims against him were false. At that point, he said, he began gathering evidence to defend himself. He sent an electronic mail message (e-mail) to Woodyard asking her for copies of photographs and videotapes of Dahms, descriptions of any complaints employees had made about Dahms, and a “list of rumors/things that you’ve heard about [Dahms] . . . with some information about how we can track these rumors down.” He testified that he sought to demonstrate that “she enjoyed being at the company,” and that “she was an active participant and enjoyed the culture of the company,” which, as others described it, was based on a “work hard, play hard” team building philosophy. Over the next few months, Dahms’s attorney and the defendants sent several letters to each other in an attempt to negotiate a settlement of the MCAD claim. On August 21,1998, Dahms’s attorney outlined the terms that Dahms would accept in settlement, and also wrote that “it is our position that a court would not be likely to enforce a non-compete agreement given the egregious behavior of the company.” On September 15, Dahms’s attorney wrote that “Ms. Dahms will not agree to abide by the non-compete agreement, which would preclude her from finding any meaningful employment for the next two years. As previously stated to you, we believe Cognex has very little likelihood of enforcing the agreement . . . .’’On October 14, Dahms’s attorney sent a new settlement offer to counsel for Cognex, writing that, “[w]ith regard to the suggestion of Ms. Dahms remaining with Cognex, that is not an option.” None of these letters was introduced in evidence. Shillman then wrote a letter to Dahms on October 27, 1998, stating that in an October 7 meeting and in the previous letters from “your attorney,” Dahms had made “unequivocal statements that [she] would not remain at Cognex under any circumstances and that it simply was not open for discussion,” and had “expressed insistence that [she] intended] not to be bound by the non-compete provisions” that she signed when joining the company. As a consequence, he wrote, while Dahms remained an employee of Cognex, her access would be restricted, including access to the physical facility, proprietary information, and strategic planning. She would be required to leave Cognex by 6:30 p.m. each day and to leave meetings when strategic discussions began, and her access to computer files would be limited to those deemed necessary for her work. Shillman testified that the restrictions were necessary only because Dahms had stated an intention to leave the company and compete with it, and that he personally informed Dahms that the restrictions would be lifted “if she would reaffirm her non-compete commitment.” On June 24, 1999, Dahms filed the present civil complaint, and alleged that these restrictions (among other things) constituted retaliation for the filing of her MCAD complaint in August, 1998. Over the ensuing months, Shillman testified that Dahms spent a large portion of each day at Cognex working on her legal case, and that she was “inundat[ing]” coworkers with e-mails and voicemails about her claims. Alias testified that Dahms came to work less frequently, and was not working well with her Cognex peers. She was terminated on June 6, 2000; Alias testified that he made the decision to terminate her because he “wasn’t able to make her work.” 2. Discussion. On appeal, Dahms argues that the judge committed five errors that alone or in combination require a new trial: (1) allowing the defendants to introduce in evidence references to settlement negotiations; (2) admitting evidence of Dahms’s dress, speech, and conduct, which she contends was inadmissible “character and propensity evidence”; (3) excluding Denise Donovan’s testimony about the substance of Dahms’s telephone call to her from Japan; (4) excluding evidence of the general release date of a movie, a matter, Dahms contends, that was relevant to Rogers’s credibility; and (5) instructing the jury to enter a judgment for the defendants on the hostile work environment claim if Dahms was “a willing participant in sexual behavior in her workplace.” a. Evidence referring to settlement negotiations. Dahms argues that the judge improperly allowed in evidence Shillman’s October 27, 1998, letter and his related testimony on Dahms’s intention to leave and compete with the company, thereby improperly presenting the contents of a settlement negotiation to the jury. “We do not disturb a judge’s decision to admit evidence absent an abuse of discretion or other legal error.” Zucco v. Kane, 439 Mass. 503, 507 (2003). Typically, offers of settlement are inadmissible to prove or disprove a defendant’s liability. Id. at 509. This rule attempts “to encourage settlements by limiting the collateral consequences of a decision to compromise.” Id. There are, however, exceptions to that rule. First, factual statements made during the course of settlement negotiations are admissible. See M.S. Brodin & M. Avery, Massachusetts Evidence § 4.6, at 183 (8th ed. 2007), and cases cited. Second, evidence regarding the settlement may be admissible if it “is relevant for some other purpose .... There may be situations ... in which evidence of a settlement, or the amount of a settlement, will bear on some issue in the case other than damages, and an automatic rule of exclusion should not be applied.” Morea v. Cosco, Inc., 422 Mass. 601, 603 (1996). The evidence admitted in this case was relevant for a purpose other than liability or damages on the MCAD claim about which the negotiations related. The evidence was probative of whether the work restrictions imposed by Shillman subsequent to the filing of that claim were imposed for a nonretaliatory purpose. Specifically, the statements made in settlement negotiation correspondence were properly admitted for the purpose of demonstrating Shillman’s state of mind at the time he imposed the work restrictions on Dahms. The judge carefully weighed the benefits and potential prejudice of this evidence. In discussions with Dahms’s counsel, the judge agreed that the evidence (devoid
Similar Rulings
Browse Related
Facing something similar at work?
Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.
This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.
See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.