Mayo Obtains Back-to-Back Findings of “No Probable Cause” in MCAD Discrimination Cases

Attorney Courtney Mayo recently obtained back-to-back findings of “No Probable Cause” by the Massachusetts Commission Against Discrimination in two separate discrimination actions.

The first action involved the appeal of a gender discrimination action filed by a female employee working in a school cafeteria.  The employee alleged that the school superintendent had sent her several provocative emails and that when she responded favorably to the emails, she was dismissed on the grounds that she had violated the sexual harassment policy.  The complainant alleged discrimination insofar as the superintendent was not let go for the same reasons.  However, further investigation revealed sharp discrepancies in the complainant’s allegations and no evidence that any emails had ever been sent by the superintendent to the complainant at any time.  The matter had previously been dismissed by MCAD on the grounds that the statute of limitations had tolled.  Attorney Mayo represented the municipal respondent in connection with the complainant’s appeal.  Following a hearing, the Investigating Commissioner determined that the evidence presented failed to prove that an unlawful act of discrimination had been committed.

The second action involved age discrimination allegations brought by a 69-year old job applicant who applied for two separate teaching positions at a local school.  The complainant alleged that he was not considered for either position based on his advanced age.  Attorney Mayo argued that while the school had initially contacted the complainant by telephone to discuss his qualifications, his responses had been off-putting and disrespectful and he admitted that he had no experience teaching the specific subject to middle or high school students.  The municipal respondent also noted that the applicant had been teaching on a part-time basis only for more than thirty years.  Further, the respondent ultimately hired two candidates who possessed more experience and exemplary credentials to fill the positions, one of whom was 67-years old at the time of hire.  Upon reviewing the evidence, MCAD found a Lack of Probable Cause in favor of the municipal respondent.