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Articles Posted in Workplace Retaliation

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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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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: Pimental v. Bristol County Sheriff’s Office…Employer Sees Retaliation Claim Dismissed

Overview: In Pimental v. Bristol County Sheriff’s Office, the MCAD dismissed a complaint alleging that the Bristol County Sherriff’s Office removed the Complainant from his position as affirmative action officer in retaliation for filing prior claims of discrimination. The Complainant had been disciplined for several violations, and he subsequently filed…

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MCAD Digest: Loewy v. Ariad Pharmaceuticals…Retaliation Case Against Employer is Dismissed

Overview: In Loewy v. Ariad Pharmaceuticals, the MCAD dismissed the complaint alleging racial discrimination and retaliation against the Respondent, a drug development company based in Cambridge. The Complainant alleged that he was unlawfully terminated for refusing to lower the performance rating of a black employee under his supervision which, in…

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Race Discrimination in Green v. Brennan: Constructive Discharge Starts the Limitations Clock

Race discrimination in the workplace is unlawful under Title VII of the Civil Rights Act of 1964. Race discrimination claims, like other employment law claims, are subject to strict statute of limitations filing deadlines. Subject to certain very limited exceptions, the failure to file within the applicable deadline will forever…

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Medical Leave Discrimination Verdict Upheld by Massachusetts Supreme Judicial Court in Esler v. Sylvia-Reardon

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…

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