MCAD Digest: Santos v. X-Treme Silkscreen & Design …Employee Gets Emotional Distress Damages in Disability Discrimination Case

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Overview: In Santos v. X-Treme Silkscreen & Design, the MCAD found in favor of the Complainant and awarded emotional distress damages for disability discrimination. The MCAD also amended the complaint to add as an individual the sole owner of the Respondent silk screening and embroidery company. Evidence established that the Complainant—who suffered from morbid obesity, diabetes, hypertension, and sleep apnea—was terminated on the first workday after he requested a leave of absence to undergo gastric bypass surgery.

Even though the Complainant had displayed a decline in his work performance, the hearing officer concluded that “his request for medical leave was the but-for cause of his termination.” This conclusion was motivated in part by the temporal proximity of the two events. The hearing officer declined to award back pay, however, finding that the Complainant was not forthcoming about his interim earnings and went more than a year without making a good faith effort to seek new work.

Decision Date: September 21, 2016

Docket Number: 12-BEM-00055

Hearing Officer: Judith E. Kaplan

Claims: Employment discrimination based on disability

Prevailing Party: Complainant

Back Pay: $0

Front Pay: $0

Emotional Distress: $10,000

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