MCAD Digest: Rodriguez v. UPS…Complaint is Dismissed Due to Delivery Dock Worker’s Credibility Issues

Overview: In Rodriguez v. UPS, the MCAD found in favor of the Respondent and dismissed the complaint alleging discrimination based on race and national origin as well as retaliation. The Complainant, a driver and dock worker, claimed that he was subjected to harassing behavior by coworkers, including name-calling and criticism. Although the claims would have been enough to establish a prima facie case if proven, the hearing officer determined that the Complainant was not a credible witness and therefore did not establish a claim.

The hearing officer noted that the Complainant had charged a coworker at a prior company with similar discrimination and lied under oath when he said that he did not file a similar lawsuit against that employer. Furthermore, witnesses contradicted much of the Complainant’s factual testimony. The Complainant’s “unconvincing demeanor,” his “evasions about past matters,” and “the plethora of credible witnesses testifying against him” sufficiently undermined his claims.

Decision Date: March 7, 2017

Docket Number: 10-SEM-02257

Hearing Officer: Betty E. Waxman

Claims: Employment discrimination based on race/national origin, retaliation

Prevailing Party: Respondent

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