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National Origin Discrimination in a Commercial Bakery

National Origin Discrimination in a Commercial Bakery
Lucy and Paulo were a married couple who were Brazilian nationals working in the United states on green cards.  For over twelve years they had both worked at a commercial bakery in Massachusetts, Lucy on the production floor and Paulo as a manual laborer.

Though their English proficiency was limited, they performed their jobs well for many years.  However, as a result of the baking materials in production, Lucy developed asthma, and Paulo developed back problems as a result of his physical labor.  Nonetheless, they continued to do their jobs.

After twelve years the company was bought out and new management came on board.  At that time Lucy and Paul were two of only three Brazilian employees.  It was immediately apparent that new management treated the three of them differently. 

On one occasion, when they were in line with approximately 20 other employees to punch out for the day, the three workers from Brazil were pulled out of the center of the line, reprimanded for taking too long to punch out, and suspended without pay.  The other white workers who were in the same line received no discipline.

When they returned from the suspension, Lucy was intentionally placed in a department that triggered her asthma attacks, despite a note from her doctor and the ready availability of other work.  Shortly thereafter, she was told she was terminated based on such infractions as "going to the bathroom too much" and talking to other co-workers.

Discrimination Law Solution

Lucy and Paulo were stunned and upset at Lucy's termination.  They had not only worked those jobs for over a decade under friendlier management, but had also both suffered lasting health consequences as a result of that job.  They did not understand why suddenly they were singled out by new management, along with their other Brazilian co-worker.

We filed a complaint in MCAD, which was later removed to Superior Court.  After some discovery, we were able to negotiate a settlement payment for them.

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Postscript

Lucy and Paulo used the settlement payment to help bridge them into retirement.  A point to remember from their story is that new management, or acquisition of a company, can dramatically change the game for long time workers.  Unfortunately sometimes this includes outright discrimination.  If you are in a similar situation, you should not hesitate to contact an employment lawyer right away so that you can understand your rights and your options.

How We Can Help

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We have years of experience helping people with discrimination and retaliation issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at  781-784-2322.
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  • Home
  • Employment Law
    • Guide To Employment Law Content
    • Employment Contracts in Massachusetts
    • Discrimination in the Workplace
    • Employment Termination >
      • Massachusetts Paid Family Leave
      • Severance Pay
      • Unemployment in Massachusetts
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
  • Estate Planning
    • Guide To Estate Planning Content
    • Legacy Protection
    • Why You Need an Estate Plan
    • Why You Don't Have an Estate Plan
    • Estate Planning Documents >
      • Children with Special Needs
    • Planning for Assisted Living
    • Probate Process
  • Business Law
    • Guide To Business Law Content
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • About
    • Reviews
    • Slnlaw Offices
    • slnlaw core values
    • Publications and Interviews
    • New Client Intake and Consultation
    • Contact
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Sharleen Tinnin
    • Elijah Bresley
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Massachusettts Unemployment FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs
  • Blog