Overview: In Tsigas v. Department of Correction, the MCAD found in favor of the Respondent and dismissed the Complainant’s disability discrimination claim. The factual record established that the Complainant was not a handicapped individual as defined by statute, as his medical history presented “an array of conflicting symptoms that cannot be tied to a single disabling condition.” Furthermore, even if the Complainant had established he was handicapped, his inability to attend work consistently would disqualify him from performing the essential function of his role.
The hearing officer concluded that the Complainant’s termination was not due to disability but was instead because of extensive absenteeism. The Complainant was “lackadaisical in obtaining the medical clearances necessary to return to work,” and his “absences were numerous and poorly defined as to causation.”
Decision Date: November 8, 2016
Docket Number: 13-SEM-00535
Hearing Officer: Betty E. Waxman
Claims: Employment discrimination based on disability
Prevailing Party: Respondent
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