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 SolutionLucy 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.
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