MCAD – No Probable Cause in Tandem Workplace Discrimination Complaints
Attorney Courtney Mayo successfully achieved the dismissal of two independent complaints filed by different individuals in a same-sex relationship at the same workplace.
The complainants alleged they had been discriminated against at their place of work, a rehabilitation and nursing center, due to their sexual orientation, when their employment was terminated for a purported “unknown reason”. The complainants also alleged that a coworker at this workplace would make discriminatory comments and other comments towards the two women with the intention of slandering the claimants to get them fired.
On behalf of the rehabilitation center, Attorney Mayo denied discrimination and argued that the center’s reasoning for termination was due to complaints they had received about the complainants and their conduct while working. These claims included mistreatment and mismanagement. The management was not aware that the complainants were in a same-sex relationship with each other.
In both cases, further investigation revealed that both complainants were creating a hostile work environment for floor nurses, and allowed aides to perform certain procedures they were not qualified to perform including providing certain medication to residents, and changing dressings (conduct that was not allowed under their licenses and could become a liability for the defendant).
The MCAD dismissed both cases on the grounds that there was insufficient evidence to determine probable cause in either.
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