MCAD – No Probable Cause for Age Discrimination

A 61-year old Complainant filed a Complaint with the Massachusetts Commission Against Discrimination (MCAD) alleging that he had been passed over for a position as an Outreach Coordinator at a veterans’ center due to his advanced age.  The Complainant alleged that through its application, the employer sought the Complainant’s years of graduation from high school and college, from which it improperly calculated the Complainant’s age. The Complainant argued that he met or exceeded the requirements and qualifications for the position, but was not selected for the position due to his age.  Attorneys Matthew Lindberg and Courtney Mayo, counsel for the Respondent, argued that age played no role in the hiring decision.  The successful applicant, who was younger than the Complainant, was more qualified than the Complainant in education and experience and demonstrated a more positive attitude during the interview process.  Counsel for the respondent further argued that the Complainant himself had admitted that the interview process had not gone well, that he had acted in an informal manner during the interview, that he had not researched the employer prior to the interview, and that he voluntarily admitted to interviewers that he felt discomfort when presenting in front of large groups.  The MCAD Investigating Commission examined the evidence presented by both parties and found that no probable cause existed for an age discrimination claim in this case.  Following this decision, the Complainant elected not to appeal or pursue this matter in civil court.

Other Cases:  Employment Litigation