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Mar 2012

Jack Coakley secured the dismissal of a race discrimination claim filed with the Massachusetts Commission Against Discrimination by a former employee of a company that provided concierge services to the residents of a condominium complex.  The Complainant’s employment was terminated after a resident of a condominium complex serviced by the Complainant’s employer reported that the Complainant was drinking on-duty in the foyer of the condominium complex and was generally unhelpful when the resident requested assistance from the Complainant.  Prior to terminating the Complainant, the Complainant’s employer reviewed security camera footage of the foyer, which corroborated the allegations made by the resident.  The Complainant, nevertheless, filed a Charge with the MCAD alleging race discrimination.  Unfortunately, the security camera footage, which was in the possession of the condominium complex – not the concierge service, was recycled prior to the Complainant filing his Charge.  In defending the concierge service/the Complainant’s employer, Jack Coakley countered allegations of spoliation and utilized other available evidence of the Complainant’s misconduct, including contemporaneous e-mails by the condominium complex resident and statements by persons that viewed the security camera footage, to demonstrate that the Complainant could not prove pretext or evidence of a discriminatory intent on the part of the concierge service.  After thoroughly investigating the allegations, the MCAD made lack of probable cause findings with respect to all of the Complainant’s claims and the case was dismissed.  The Complainant did not appeal the decisions.


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