Justin Murphy's client emerged victorious against her former employer, a nursing and rehabilitation center, after a legal battle spanning over three years at the Massachusetts Commission Against Discrimination (MCAD). During the three day trial, Mr. Murphy successfully proved that the employer’s basis for termination was actually pretext to hide its true motivation against his client, a black, female, Certified Nursing Assistant (“CNA”). Indeed, the hearing officer concluded that but for the CNA’s complaint of a discriminatory, hostile workplace, the employer would never have terminated her. This is because the client was one of the best and well-liked employees by residents of the facility-her 13 year work history was spotless.
Significantly, during the three years of litigation Mr. Murphy made several attempts to the settle the case on behalf of his client, but the employer did not believe it did anything wrong. During trial, however, Mr. Murphy quickly discredited the employer’s rationale and it became clear: the employer fired the CNA to rid itself of a “problem employee”. Thereafter, MCAD concluded this termination was illegal. See Cesar v. Danvers Management Systems, Inc. d/b/a Hunt Nursing & Rehabilitation Center (2018).
Accordingly, Mr. Murphy vindicated his client and brought her justice. Mr. Murphy hopes his work here improves management practices in nursing homes, where unfortunately, employee protections are often disregarded.