Heard: December 7, 2016.
action commenced in the Superior Court Department on July 2,
case was heard by Thomas F. McGuire, Jr., J., on motions for
judgment on the pleadings.
Susanne Hafer for the plaintiff.
A. Cassidy for Massachusetts Commission Against
Christopher Maffucci, for the intervener, was present but did
Present: Cypher, Maldonado, & Blake, JJ.
plaintiff, Massasoit Industrial Corporation (Massasoit),
appeals from a judgment of the Superior Court denying its
challenge to the decision and final order of the
Massachusetts Commission Against Discrimination (MCAD). The
MCAD decision affirmed a hearing officer's order, arising
from her finding that Massasoit had terminated the employment
of William J. Glynn in violation of the handicap and age
discrimination provisions of G. L. c. 151B. We affirm.
1986, Massasoit hired Glynn as a part-time custodian in its
outside maintenance department. At the time, Glynn was
fifty-four years old. For the ten years prior to his
termination, he performed general custodial work at the
registry of motor vehicles (RMV) in Brockton to the
satisfaction of his supervisors. He had a spotless personnel
record with Massasoit, and had never called in sick or missed
work due to illness.
March 30, 2007, Glynn left work early because he was not
feeling well. Glynn's son took him to the hospital, where
he stayed for three days to treat pneumonia. Glynn asked his
daughter-in-law to notify his coworker of his absence from
work due to his illness, which she did on the next day Glynn
was scheduled to work. The coworker assured her that he would
notify their supervisor. On April 6, 2007, less than one week
after being discharged from the hospital, Glynn was
readmitted with chest pains and diagnosed with a heart
attack. The daughter-in-law again notified the coworker of
Glynn's situation, and he assured her that he would
notify their supervisor. He also visited Glynn and assured
him that the supervisor had been notified.
April 5, 2007, through June 1, 2007, Massasoit assigned
another employee to cover Glynn's duties. On May 7, 2007,
Glynn attempted to return to work with a doctor's note
clearing him to work without restrictions, at which point
Massasoit's maintenance facility manager informed him
that he had been fired and replaced because he was a "no
call/no show." Glynn's further attempts to be
reinstated also were unsuccessful. At the time of his
termination, at seventy-four years old, Glynn was the oldest
person working in the outside maintenance department. On June
1, 2007, Massasoit hired a woman, aged sixty-eight, to