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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 turn, would have made it easier for the Respondent to terminate that employee without the appearance of racial discrimination.

The hearing officer determined that the preponderance of credible evidence established no causal connection between the Complainant resisting the instruction to give a lower performance rating and his subsequent termination, thereby undermining the prima facie case for retaliation. The Respondent provided credible testimony that the Complainant was terminated due to concerns about his performance and a change in the company’s personnel needs.

Decision Date: June 20, 2016

Docket Number: 11-BEM-03430

Hearing Officer: Betty E. Waxman

Claims: Employment discrimination based on race, retaliation

Prevailing Party: Respondent

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