Overview: In Radwin v. Mass General Hospital, the MCAD found in favor of the Respondent and dismissed the complaint from a nurse researcher alleging that she was discharged from her position in retaliation for raising the issue that certain events and meetings were scheduled on or around Jewish holidays. The…
Retaliation against employees who exercise their right to medical leave is prohibited under Massachusetts and federal law. As with any employment discrimination suit, plaintiffs who bring retaliation claims must overcome various hurdles before having a jury hear and decide their case. Under Rule 12(b)(6) of the Massachusetts Rules of Civil…
Overview: In Wilson v. MA Dept. of Transitional Assistance, the MCAD found in favor of the Respondent and dismissed the complaint alleging that employees at a state agency had engaged in discrimination on the basis of race/color and retaliation. The Complainant’s testimony relied largely on claims that several employees repeatedly…
Advancing an employment discrimination case to trial often involves a hurdle known as summary judgment, which is governed by Rule 56 of the Massachusetts Rule of Civil Procedure and it’s federal corollary. Employers often rely on Rule 56, typically after the close of discovery, as a final attempt to dismiss…
Overview: In Mayer v. Boston Children’s Hospital, the MCAD found in favor of the Respondent and dismissed the complaint accusing the hospital of terminating a sixty-four-year-old nurse due to age-based discrimination. The hearing officer found no direct evidence of discriminatory animus in stray remarks apparently made to the Complainant, such…
Employment discrimination claims under Massachusetts law, pursuant to the Fair Employment Practices Act, have a better chance of making it to trial thanks to the clarification issued in Bulwer v. Mt Auburn. There, the Massachusetts Supreme Judicial Court evaluated the summary judgment standard under Rule 56 and reiterated, as it first made clear…
Overview: In Bako v. Omega Foods, the MCAD found in favor of the Respondent and dismissed the complaint accusing the Dunkin’ Donuts operator of discrimination based on disability after the employee was not immediately returned to her prior shift following a nine-month medical leave of absence for breast cancer treatment.…
Whether it’s a disability discrimination or sexual harassment claim, employment discrimination cases in general tend to be very fact-intensive, making the discovery process and depositions in particular all the more critical. As the moving party, it is the employee’s ultimate burden to prove discriminatory bias which, as discussed here, can…
Overview: In Picco v. Town of Reading, the MCAD found in favor of the Complainant and awarded emotional distress damages. This is the MCAD’s second decision in 2016. Although this case began based on causes of action for sexual orientation and perceived sexual orientation, the hearing officer noted that the…
Overview: In Cooper v. Raytheon, the MCAD found in favor of the Complainant and awarded emotional distress damages. This is the MCAD’s third decision in 2016. In finding that Raytheon engaged in handicap discrimination, the hearing officer noted that the Complainant’s managers knew that he suffered from a brain injury…