MCAD Digest: Radwin v. Mass. General Hospital… Retaliation and Religion-Based Discrimination Complaint is Dismissed

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Overview: In Radwin v. Mass General Hospital, the MCAD found in favor of the Respondent and dismissed the complaint from a nurse researcher alleging that she was discharged from her position in retaliation for raising the issue that certain events and meetings were scheduled on or around Jewish holidays. The Complainant suggested that she was subjected to different terms and conditions of employment because of her religion.

In deciding to dismiss the complaint, the hearing officer determined that the Complainant failed to establish a causal connection between the protected activity—calling attention to events being scheduled on Jewish holidays—and her termination. Credible evidence demonstrated that there were legitimate non-discriminatory reasons for terminating the Complainant, namely, that she was “tense, high strung and impatient with those she did not perceive as her intellectual equals” and “repeatedly engaged in conduct that reflected a lack of sensitivity toward support staff.” There was no evidence that scheduling events on or near Jewish holidays was anything but an oversight or at worst insensitivity on the part of the schedulers.

Decision Date: April 29, 2016

Docket Number: 10-BEM-01145

Hearing Officer: Eugenia M. Guastaferri

Claims: Employment discrimination based on religion, retaliation

Prevailing Party: Respondent

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