Overview: In Aime v. MA Department of Correction, the MCAD found for the Respondent and dismissed a Correction Officer’s allegations of retaliation. The Complainant—who had previously filed a discrimination complaint that was ultimately dismissed—was an African American male with over 20 years in his role at the DOC. Although the Complainant did engage in protected activity by filing an MCAD complaint, there was credible evidence that the subsequent actions of which he complained were not taken in retaliation.
The hearing officer found, for example, that the Complainant’s earlier suspension for insubordination “was justified and was a legitimate, non-retaliatory” action related to his conduct of the same morning. Similarly, the Complainant’s transfer did not constitute an adverse employment action because it did not materially disadvantage him.