It is a matter of record that the grievant had filed complaints at the Massachusetts Commission Against Discrimination (MCAD) 10 challenging various Town actions against him. The grievant's discussion with Mr. Jack on April 21, 1998, evidences Mr. Jacks strong reaction to the grievant's claim that Mr. Jack was discriminating against him (the grievant).

Massachusetts Commission against Discrimination, 404 Mass. 170, 175 (1999). Magee points to no such conflicts here and thus, without more, the Hearing Officer's failure to make any additional reference to witness demeanor in her decision was reasonable and not indicative of bias.

Massachusetts Commission Against Discrimination, 431 Mass. 665 (2000). Direct evidence is evidence that, if believed, results in an inescapable, or at least a highly probable inference that a forbidden bias was present in the workplace. Id., citing Johansen v. NCR Comten, Inc., 30 Mass.App.Ct. 294, 300 (1991).

In a demand must be filed by the Union in the manner and within the time limits set forth in Step 4 of the Grievance Arbitration Procedures as the sole and exclusive forum for resolving the discrimination claim and expressly electing to forego their right to proceeding with the matter before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, other administrative agencies and/or the Courts.

Further, a bargaining unit RN who chooses to pursue any claim in court, or at the Massachusetts Commission Against Discrimination, or at the Equal Employment Opportunity Commission, or in any other administrative forum, may not also utilize the Grievance and Arbitration procedures contained in Article 13 of this Agreement. 47 ARTICLE XX Rotations Every attempt will be made to minimize rotation by recruiting full-time and part-time bargaining unit

Commission Against Discrimination against BPD. In an arbitrators decision on Ms. James injured on duty claim, the arbitrator also noted that she had filed for Family Medical Leave (FMLA) but that the paperwork therefor was not brought to the Citys attention until after the asserted period of incapacity has (sic) passed.

In the event you are not satisfied with my investigation, you may contact the Massachusetts Commission Against Discrimination at 413-739-2145, or the US Commission on Civil Rights _ at1-800-552-6843 or (202) 376-8513. The USCCR website is www.usccr.gov and the MCAD www.mass.gov/mead. Yours Sincerely, Deborah B.

Massachusetts Commission against Discrimination, 404 Mass. 170, 175 (1999). Magee points to no such conflicts here and thus, without more, the Hearing Officer's failure to make any additional reference to witness demeanor in her decision was reasonable and not indicative of bias.

This discrimination matter was fully adjudicated before the Massachusetts Commission Against Discrimination (MCAD). In or around the winter of 2010, the Union filed a grievance on Wilson's behalf regarding a written warning that Wilson received for allegedly throwing a folder in the office. The status of this grievance is still pending.

If the Union or an employee brings a matter before the Equal Employment Opportunity Commission, the Massachusetts Commission Against Discrimination, or the Worcester Human Rights Commission, the Union or employee who files the action shall, simultaneous to the filing with the agency, notify the City of the filing and of the agency before which the matter is being brought.