Appeals Court

Where the Massachusetts Commission Against Discrimination found that a hospital discriminated against one of its nurses on the basis of her disability, there was no error in the commission’s conclusion that, by refusing to excuse the nurse from the obligation to work overtime when needed, the hospital failed to offer her a reasonable accommodation for her disability.

“Tufts Medical Center (Tufts) appeals from a judgment of the Superior Court affirming the decision and order of the Massachusetts Commission Against Discrimination (commission), which found that Tufts had discriminated against one of its nurses, Marie Lunie Dalexis, on the basis of her disability. … The commission’s finding (which followed a public hearing before a hearing officer) was based on adverse employment actions taken against Dalexis after her doctor informed Tufts that, due to her medical conditions, Dalexis could not work overtime. The commission concluded that, by refusing to excuse Dalexis from the obligation to work overtime when needed, Tufts had failed to offer Dalexis a reasonable accommodation for her disability. In addition, the commission concluded that Tufts had failed to engage in the dialogue required by G.L.c. 151B, and had constructively discharged Dalexis. For these statutory violations, the commission awarded Dalexis damages and attorney’s fees. Our review of the administrative record reveals that the commission’s decision was supported by substantial evidence and free...

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