Case Study Of Complainant's Allegations

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On May 10, 2012 Complainant filed this action against Respondent for discrimination on the basis of her National Origin (Haitian, Caribbean), Race/Color (Black) and Disability (back injury) in violation of M.G.L. c. 151B §§ 4(1) and 4(16), Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act. Complainant alleges that Respondent would not accommodate her disability and terminated her.

Complainant’s Allegations

Complainant is a Black female (Haitian, Caribbean). Complainant was employed by Respondent as a Certified Nursing Assistant (CNA). Complainant contends that on or about April 26, 2011 she suffered an on the job back injury. Complainant alleges that in or around late April 2011, her doctor faxed Respondent …show more content…

Complainant is a member of protected classes (Black, Haitian, and Caribbean). Complainant alleges that Respondent failed to accommodate her work related injury while white employees with work related injuries were accommodated. Complainant named three white employees (S.T., A.D., and D. L/N/U) who suffered on the job injuries and were accommodated by Respondent, whereas Complainant claims she was not. Complainant was not treated differently. The investigation reveals that Complainant admits she was accommodated with light duty just as the comparators she names. Furthermore, the investigation reveals that according to Complainant, the named comparators suffered different and less severe injuries than her, so they are not similarly situated. Complainant cannot show that she was treated differently from similarly situated employees and therefore, Complainant fails to make a prima facie case of discrimination based on her protected

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