Sloane And Walsh Obtains Another Finding Of Lack Of Probable Cause In Employment Discrimination Case

Sloane and Walsh Partner Tanya Oldenhoff recently successfully obtained another MCAD finding of Lack of Probable Cause, in a case involving claims of disability discrimination, retaliation and hostile work environment against a large non-profit, philanthropy based urban independent Catholic school in Boston. The Complainant, working in the Development Department, alleged that she was discriminated against, subjected to a hostile work environment and terminated from her position because she had cancer, in violation of the Massachusetts Anti-Discrimination Statute and Americans with Disabilities Act. Following the submission of position statements and oral argument at the Investigation Conference, the MCAD issued its findings that there was insufficient evidence that Complainant's employment was terminated under circumstances that give rise to a reasonable inference of discrimination; that the School had a legitimate nondiscriminatory reason for terminating Complainant's employment: i.e. the School restructured its Development Office in order to focus more on grant writing and raising funds; and that the alleged workplace comments were not sufficiently severe or pervasive to rise to the level of discriminatory harassment. This result vindicates the School, which prides itself on having a unique family culture founded on Christian values, where all students and employees are treated with respect, fairness and compassion.