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Articles Posted in Employment Law Claims

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MCAD Digest: Diaz v. Ace Metal Finishing Inc.…Disability Discrimination Case Against Industrial Company is Dismissed

Overview: In Diaz v. Ace Metal Finishing Inc., the MCAD found in favor of the Respondent industrial company and dismissed the complaint alleging termination of employment based on disability. The Complainant, who went out on a six-month medical leave when his chronic leg condition worsened, was laid off upon returning…

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MCAD Digest: Pavoni v. Wheely Funn Inc.…Quid Pro Quo Sexual Harassment Case is Dismissed

Overview: In Pavoni v. Wheely Funn Inc., the MCAD found in favor of the Respondent and dismissed the complaint alleging quid pro quo sexual harassment and retaliation against a roller skating rink owner. The Complainant did establish a prima facie case based on the temporal proximity between her rejection of…

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Massachusetts Sexual Harassment Verdict Upheld in Gyulakian v. Lexus of Watertown

Sexual harassment claims often involve salacious allegations that can form the basis of a punitive damages award, the purpose of which is not to compensate the victim but to punish the wrongdoer and thus deter similar misconduct in the future. Fox’s payment to Gretchen Carlson of reportedly $20 million to…

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

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…

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MCAD Digest: Gutierrez-Dupuis v. Gabriel Care, LLC…Employee Wins Retaliation Case Despite Colleague’s Failed Discrimination Claim

Overview: In Gutierrez-Dupuis v. Gabriel Care, LLC, the MCAD found in favor of Complainant Dupuis on her retaliation claim, but it found against Complainant Gutierrez on her claims of retaliation and discrimination based on national origin and race. There was no credible evidence to support claims that Gutierrez was told…

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MCAD Digest: Patterson v. Ahold USA, Inc.…Employee Wins Discrimination Case for Unconscious Racial Bias

Overview: In Patterson v. Ahold USA, Inc., the MCAD found in favor of the Complainant and awarded back pay, front pay, and emotional distress damages for race-based discrimination. The parent company of Stop & Shop terminated the Complainant’s position in the corporate headquarters due to a reorganization and filled other…

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MCAD Digest: Harper v. Z2A Enterprises…Employee Wins Sexual Harassment Case Following Default Hearing

Overview: In Harper v. Z2A Enterprises, the MCAD found in favor of the Complainant, awarding emotional distress damages and three months of back pay in a sexual harassment claim against the operator of the Half Time Sports Bar and Grill. The Respondents failed to appear at the hearing, and an…

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MCAD Digest: Tinker v. Securitas Security Services and Hussain…Employee Wins Gender Identity Discrimination Case

Overview: In Tinker v. Securitas Security Services and Hussain, the MCAD found in favor of the Complainant and awarded emotional distress damages for discrimination based on sex/gender, gender identity, and sexual orientation. The Complainant, who previously identified as a woman and a lesbian, notified the Respondent that he was transgender…

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Equal Pay Bill Becomes Law: Massachusetts Attempts to Close the Gender Pay Gap

Unequal pay between men and women is well-documented. From sports to the entertainment industry to medicine, the pay gap spans numerous professions. Studies also reveal that pay in traditionally male-dominated occupations can become depressed when women enter certain professions in large numbers. Overall, research by the American Association of University Women shows that women in the United States are…

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MCAD Digest: Verne v. Pelican Products…National Origin Discrimination Case Against Manufacturer is Dismissed

Overview: In Verne v. Pelican Products, the MCAD found for the Respondent manufacturer and dismissed a complaint alleging discrimination based on national origin. The Complainant alleged that she was treated differently from non-Puerto Rican employees when she received a “final” warning for sending person emails at work and that she…

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