[Redacted] COMMONWEALTH OF MASSACHUSETTS Division of Administrative Law Appeals 14 Summer Street, 4th Floor Malden, MA 02148 (781) 397-4700 Fax: (781) 397-4720 www.mass.gov/dala Docket Nos: [Redacted] JOHN A. DOE1, Appellant v. DEPARTMENT OF CORRECTION, Respondent Appearance for Appellant: John A. Doe, pro se Appearance for Respondent: Joseph S.

Teacher and Caseload Educator Contract Language January 2012 Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, MA 02148-4906 Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370 www.doe.mass.edu II Massachueeds Department of ELENENTARY & SEQONDARY EDUCATION This document was prepared by the Massachusetts Department of Elementary and Secondary Education Mitchell D. Chester, Ed.D.

Maria Maria Luise, Special Assistant to Mayor Gary Christenson City of Malden - Office of Mayor Gary Christenson P: 781-397-7000 Option 6 F: 781-397-7073 -----Original Message----- From: Hannah Woit Sent: Monday, March 30, 2020 4:16 PM To: Maria Luise Subject: Malden & Framingham ?Maria, I hope you are healthy and are doing well amidst this crisis.

Sincerely, Katherine Clark Member of Congress (MA-05) Washington, DC Office 2448 Rayburn HOB Washington, DC 20515 Phone: (202) 225-2836 Hours: M-F 9-5:30pm District Office 157 Pleasant Street, Suite 4 Malden, MA 02148 Phone: (617) 354-0292 Hours: M-F 9-5:30pm MetroWest Regional Office 116 Concord Street, Suite 1 Framingham, MA 01702 Phone: (508) 319-9757 Unsubscribe

Sincerely, Katherine Clark Member of Congress (MA-05) Washington, DC Office 2448 Rayburn HOB Washington, DC 20515 Phone: (202) 225-2836 Hours: M-F 9-5:30pm District Office 157 Pleasant Street, Suite 4 Malden, MA 02148 Phone: (617) 354-0292 Hours: M-F 9-5:30pm Unsubscribe MetroWest Regional Office 116 Concord Street, Suite 1 Framingham, MA 01702 Phone: (508) 319-9757

Timing alone is insufficient to establish unlawful employer City of Holyoke, 35 MLC at 157; City of Malden, 5 MLC 1752, 1764, MUP-3017 (March 20, 1979). Once the charging party establishes a prima facie case, if the employer provides lawful reasons for the alleged discriminatory conduct, the charging party must then prove that but for the protected activity, 6 Dismissal (cont'd) MUP-17-6030 the employer would not have taken the adverse action.

Decision (contd) SUP-11-1397 do not find that Davins interaction with Muldowney establishes circumstantial evidence that the Employer was unlawfully motivated in terminating Muldowney. alone is insufficient to establish unlawful employer motivation. 1752, 1764 (1979). the Union Second, or protected First, timing City of Malden, 5 MLC Davins letters do not evince animus or hostility towards activity.

City of Malden, 5 MLC 1752, 1764, MUP-3017 (March 20, 1979). For these reasons, we affirm the dismissal of this aspect of the charge. whether or not those actions were specifically authorized. Higher Education Coordinating Council, 25 MLC 69, 71, SUP-4087 (September 17, 1998) (citing Commonwealth of Massachusetts, 11 MLC 1206, SUP-2747 (October 3, 1984)).

City of Malden, 5 MLC 1752, 1764 (1979). (emphasis added). 15 The Union certainly has not produced evidence of animus toward Ms. Cote or the Union, or any evidence that the District penalized or discouraged Ms. Cotes union activity. The District has expressly stated, to the contrary, that Ms. Cote is a highly valued team member, that its treatment of Ms.

Teacher and Caseload Educator Contract Language January 2012 Massachusetts Department of Elementary and Secondary Education 75 Pleasant Street, Malden, MA 02148-4906 Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370 www.doe.mass.edu 32 Vian ba autts Dap ydircet of BLEMENTARY & SECONDARY EDUCATION This document was prepared by the Massachusetts Department of Elementary and Secondary Education Mitchell D. Chester, Ed.D.

See City of Malden, 5 MLC 1752, 1763 (1979). It is well-settled ... that even in the absence of direct evidence of an employers unlawful motivation, circumstantial evidence may suffice. Among the circumstantial factors that we have considered are the close timing of the adverse action to the protected activity [and] marked departure from normal procedures for effectuating employment policies...

Finally, although the Citys decision to continue compensating temporarily appointed employees under Article 22 was close in time to the Unions Commission appeal, where the Union failed to establish that this conduct was otherwise unlawfully discriminatory motive. 1979). motivated, timing City of Malden, alone does not suffice to establish a 5 MLC 1752, 1764, MUP-3017 (March 20, Conclusion For these reasons and those stated in the dismissal letter,

(Chief Administrative Magistrate, DALA) 2 COMMONWEALTH OF MASSACHUSETTS DIVISION OF ADMINISTRATIVE LAW APPEALS 14 Summer Street 4th Floor Malden, MA 02148 781-397-4700 www.mass.gov/dala KELLEN M. JOLLY, Appellant v. G1-21-150 CS-21-0354 CITY OF ATTLEBORO, Respondent Appearance for Appellant: Daniel M. Rich, Esq. 250 East Main Street, Unit #20 Norton, MA 02766 Appearance for Respondent: Timothy D. Zessin, Esq.