Legal Question in Discrimination Law in Massachusetts

What proof is required to claim discrimination by employer

I am an afican-american female age 55+. What proof is required to submit a claim of discrimination. My employer is claiming that they did not intend to discriminate against me when they removed my from my ward as an R.N. of a V.A. Hospital. Other nurses (white) were also removed, but none in the manner in which I was. I was escorted off the ward by an armed security guard even though clearly written hospital policy indicated that this is not the procedure. They are claiming that they made a mistake in judgement with no intent to discriminate


Asked on 10/18/98, 10:42 pm

2 Answers from Attorneys

Re: What proof is required ...

You have the proof: the word of whoever made that "claim" (that they made

a mistake) -- which sounds more like an apology or at least an admission

that they made a mistake, plus ALLL the people who saw you mishandled

and the people they told about to -- they can all be called to testify or

asked to sign affidavits as to what they saw.

That's proof that you were mistreated during your "release." The bigger

question financially is whether you were picked out unfairly as one of the

ones to be released; that makes a bigger lawsuit, to make up wages lost.

The damages for the humiliation of being treated like a criminal are not

as good for a lawyer without other damages to along with them. Please go see

a lawyer for yourself.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.


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Answered on 12/30/98, 2:26 am
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: proof required for discrimination claim

You have 180 days to file at MCAD/EEOC.

You have decent facts and MCAD is finally after a

ll these years giving decent damages. I think

they're trying to cut down on all the cases

going into superior court. But that means a

better prognosis for these cases than there was in the past.

The reason I mention MCAD in this post is that at long last it is finally giving quick and decent relief . . . a viable alternative

for a court system where prejudice is still

alive and well . . . and where it takes too long to

get a remedy or relief for claims.

Call if you have not yet filed at MCAD or if you have not yet found an attorney to guide you.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane


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Answered on 12/30/98, 3:46 am


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