Where a defendant employer has moved for summary judgment, that motion should be allowed because no reasonable jury could find that the plaintiff employee was constructively discharged or constructively demoted.

“Plaintiff Susan O’Horo, M.D., filed this action against defendants Boston Medical Center Corp., Boston University Medical Center Radiologists, Inc., and Jorge Soto, M.D. (collectively ‘the Defendants’) alleging gender discrimination and unlawful whistleblower retaliation. … Defendants have moved for summary judgment on all of Dr. O’Horo’s claims. …

“Dr. O’Horo brings gender discrimination claims both under Title VII and Massachusetts law. …

“The Defendants have moved for summary judgment on the basis that Dr. O’Horo’s federal and state discrimination claims are time barred. …

“On August 20, 2020, Dr. O’Horo filed charges with the Massachusetts Commission Against Discrimination (‘MCAD’) and the United States Equal Employment Opportunity Commission (‘EEOC’). … Unless the statute of limitations is otherwise tolled, discrete acts of employment discrimination must have occurred on or after October 25, 2019 (300 days prior to Dr. O’Horo’s filing of her MCAD and EEOC complaints) to form the basis for the Defendants’ liability for Dr. O’Horo’s disparate treatment claim. …

“Because this Court has found that incidents occurring prior to October 25, 2019 fall outside the statute of limitations for disparate treatment claims, it will only consider whether Dr. O’Horo’s...

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