Tuesday, July 14, 2015

MCAD finds Boston College discriminated against Chemistry professor

The Massachusetts Commission Against Discrimination ("MCAD") ordered Boston College to pay $125,000 in emotional distress damages and at least 12 years of backpay after finding that the College retaliated against a tenured associate professor after the professor complained about hostile treatment by fellow faculty members related to his mental illness. Hearing Officer Betty Waxman found that after Professor William Armstrong returned from a  leave of absence for due to mental health issues,  the College and Chemistry Department members took adverse actions by "systematically isolating him from the Chemistry Department." Armstrong and the College had an agreement designed to integrate him back into the College and Department after his leave, and Waxman found that his efforts to implement this agreement constituted protected activity since the agreement itself was an accommodation to his disability. When Armstrong complained to the Faculty Grievance Committee, which Waxman found to be protected activity, the reactions of administrative and faculty members turned further hostile. As Waxman explained, “[T]he Chemistry Department, in effect, punished Complainant for seeking to enforce the terms of the reintegration agreements which constituted an accommodation to his disability. Such action, in my opinion, constitutes retaliation."

 Cecilie Gromada, an incoming First-Year student at Boston University Law School and part-time paralegal, contributed to this report.

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