394 F.Supp.3d 134
D. Mass.2019Background
- Mekonnen, a pro se plaintiff and Orthodox Christian, worked as a cashier for OTG at Logan Airport from August 2007 until her termination on November 19, 2009.
- She requested Sunday-morning time off for religious worship and sought accommodations for a leg problem (sitting/elevated chair and transfer to utility/delivery work); she also suffered a work-related knee sprain in January 2008.
- OTG documented repeated poor performance: multiple low “secret shopper” scores, written warnings (including for sitting), and other customer complaints; OTG terminated her for three failing secret-shopper scores.
- Mekonnen filed administrative charges with MCAD/EEOC in May 2010 (right-to-sue issued Aug. 2012) and sued in state court; OTG removed to federal court. OTG moved for summary judgment; court also resolved motions to strike certain late-disclosed exhibits.
- The court granted summary judgment to OTG on all discrimination and retaliation claims (ADA, Title VII, Mass. Gen. Laws ch. 151B) but entered judgment for Mekonnen on a limited Massachusetts Wage Act claim (delayed vacation pay interest and costs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability discrimination (ADA/151B): failure to accommodate and disparate treatment, including termination | Mekonnen: has osteoarthritis/leg problem (aggravated by 2008 injury); OTG denied seating and transfer and disciplined/terminated her because of disability | OTG: performance-based discipline and termination; many accommodation requests predate limitations period; transfer to utility job would not accommodate because it is more physically demanding | Summary judgment for OTG. Court assumed exhaustion for permanent-leg theory but found most accommodation requests time-barred, no timely request proved, proposed transfer not reasonable, and no pretext for termination. |
| Religious accommodation (Title VII/151B): denial of Sunday-morning time off | Mekonnen: requested Sunday mornings off (application and early requests); denial or scheduling on Sundays interfered with worship | OTG: scheduling records show no required Sunday morning work after July 14, 2009; alleged denials before that date are time-barred | Summary judgment for OTG. Claims based on pre-2009 denials untimely; no evidence she was required to work Sunday mornings during the limitations period. |
| Sex discrimination: denial of transfer and termination based on gender | Mekonnen: supervisor told her utility position was for men; was denied transfer and later fired | OTG: no admissible evidence of post-2009 denial; termination due to poor performance; comparators not similarly situated | Summary judgment for OTG. Transfer/termination claims time-barred or unsupported; comparators inadequate and no pretext shown. |
| Retaliation (ADA/Title VII/151B): retaliation for internal complaints and administrative activity | Mekonnen: engaged in protected activity; adverse actions (discipline, termination, withholding vacation pay) were retaliatory | OTG: legitimate nonretaliatory reasons (performance, neutral vacation policy); many alleged acts predate limitations period | Summary judgment for OTG. Termination and other post-2009 acts not shown to be motivated by retaliation; vacation-pay withholding explained by neutral policy. |
| Massachusetts Wage Act (failure to pay accrued vacation on discharge) | Mekonnen: OTG failed to pay vacation pay on day of discharge; seeks treble damages, interest, costs | OTG: policy withheld vacation pay on termination; later paid before Attorney General complaint | Held for Mekonnen on limited relief: OTG paid $335.70 on Feb 12, 2010; because payment occurred before AG complaint, plaintiff awarded trebled interest (calculated as $56.54) and recoverable litigation costs ($280); no attorney's fees (pro se). |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (court construes pro se filings liberally)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for disparate-treatment claims)
- Tobin v. Liberty Mut. Ins. Co., 433 F.3d 100 (First Circuit application of McDonnell-Douglas in ADA context)
- Ruiz Rivera v. Pfizer Pharm., LLC, 521 F.3d 76 (definitions of disability under ADA/151B framework)
- Murray v. Warren Pumps, LLC, 821 F.3d 77 (requiring sufficiently specific accommodation requests)
- National R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (discrete acts vs continuing violations)
- Gadson v. Concord Hosp., 966 F.2d 32 (employer mistake does not alone establish pretext)
- Johnson v. Weld Cty., Colo., 594 F.3d 1202 (pretext requires evidence employer didn’t believe its stated reason)
- Izzo v. Genesco, Inc., 171 F. Supp. 3d 1 (poor job performance is legitimate nondiscriminatory reason for termination)