Overview: In Cromartie v. West River Pharmacy & Blitchington, the MCAD found in favor of the Respondent pharmacy and one of its supervisors, dismissing the complaint. The Complainant, a black woman working as a medical records technician, alleged that she had been discriminated against because of her race and color and retaliated against for filing an internal complaint. Specifically, the Complainant alleged she was subjected to disparate treatment that included the assignment of more work than coworkers and disparaging treatment by supervisors.
The hearing officer concluded that the Complainant failed to establish a prima facie case because she did not show that she was adequately performing her job. There was considerable evidence establishing that the Complainant made frequent errors that could have placed patients in danger. Furthermore, the Complainant did not establish that similarly situated coworkers not in her protected class were treated differently. There was credible evidence that white, Asian, and Latino employees had been disciplined and/or terminated for similar mistakes.
Decision Date: August 10, 2017
Docket Number: 10-SEM-02824
Hearing Officer: Judith E. Kaplan
Claims: Employment discrimination based on race/color, retaliation
Prevailing Party: Respondent
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