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Thursday, May 21, 2026

Employment – Discrimination – Migraines - Massachusetts Lawyers Weekly

Where a discrimination complaint has been filed, the respondent employer should be held liable because the complainant has proven the requisite elements of his claim of disparate treatment — protected status, harm, discriminatory animus, and causation.

“On March 1, 2019, Complainant, Christopher Jenson filed a complaint with the Massachusetts Commission Against Discrimination (‘MCAD’ or ‘Commission’) charging his former employer, Respondent Rockdale Care & Rehabilitation Center, with age and disability discrimination. …

“In 2013 and 2014, Mr. Jenson worked as an LPN for Somerset Ridge Nursing Home (‘Somerset Ridge’) reporting to Tracy Farias (‘Ms. Farias’), who was then the Director of Nursing at Somerset Ridge. …

“Months after Rockdale Care terminated Mr. Jenson’s employment, Mr. Jenson saw a document at his attorney’s office entitled ‘Written Warning’ dated November 3, 2018. Exhibit 3 (‘2018 Written Warning’). …

“Mr. Jenson did not see the 2018 Written Warning on November 3, 2018. Mr. Jenson did not recall verbally refusing to sign the 2018 Written Warning on November 3, 2018. … Instead, Mr. Jenson first saw the 2018 Written Warning months after Rockdale Care terminated him, when his attorney obtained a copy of the 2018 Written Warning. … At the bottom of the 2018 Written Warning, under ‘Employee’s Signature’, there are handwritten words — ‘Refused to sign’ — and a date at the Employee’s Signature line ‘11/3/2018.’ … I draw the inference that Mr. Jenson did not write...



Read Full Story: https://news.google.com/rss/articles/CBMiT2h0dHBzOi8vbWFzc2xhd3llcnN3ZWVrbHku...