Firm persuades MCAD to dismiss disability discrimination claim

BOSTON (July 2, 2012) – The firm recently persuaded the Massachusetts Commission Against Discrimination to dismiss a disability discrimination and retaliation claim asserted against a major Massachusetts health care provider.

The MCAD concluded that the former employee lacked probable cause to support her disability allegations because the firm’s client had a legitimate, non-discriminatory reason for terminating the woman’s employment related to job performance shortcomings and chronic tardiness.

Prior to terminating the woman’s position as a patient registration representative, the firm’s client provided her job warnings and implemented a performance improvement plan. The former employee had been previously involved in a motor vehicle accident, which damaged her arm, neck and shoulder. She returned to work without requesting a special accommodation.

About Barton Gilman

Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence, including its active employment law and litigation practice. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm five consecutive years as one of Rhode Island’s Best Places to Work (2008–2012).