Articles Posted in $200k to $300k Economic Damages

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Overview: In Joyce v. CSX Transportation, the MCAD found in favor of the Complainant, awarding six years of back pay and considerable emotional distress damages for a disability-based discrimination claim. The 66-year-old Complainant, who was a conductor with the Respondent transportation company, suffered from cognitive disabilities such as ADHD and depression. He charged his employer with denying him a reasonable accommodation in requiring him to use an administrative computer system with which he had a great deal of difficulty.

In finding a failure to accommodate, the hearing officer reasoned that the Complainant’s requests for accommodation were fairly straightforward. The Respondent’s assertion that it had no knowledge of the Complainant’s disabilities was deemed not credible. The hearing officer held the Respondent liable under the “cat’s paw” theory of discrimination, finding a supervisor with discriminatory animus who influenced the decision to take disciplinary action against the Complainant, action which was deemed pretext for discrimination.

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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 open positions with white employees while passing over the Complainant, who was African-American.

Though the Respondent purported to follow a legitimate process for reorganization, the hearing officer found it quite clear from the evidence that the Respondent exercised significant discretion in selecting employees to be laid off and preserved positions for favored employees. Although there was little evidence in the record showing blatant or conscious race-based bias, that the bias was unconscious did not excuse it. The Complainant received several years of lost wages, front pay up until her 66th birthday, and damages for emotional distress.

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