Ahanon v. Cerebral Palsy of Massachusetts

19 Mass. L. Rptr. 66
CourtMassachusetts Superior Court
DecidedJanuary 31, 2005
DocketNo. 0302575
StatusPublished

This text of 19 Mass. L. Rptr. 66 (Ahanon v. Cerebral Palsy of Massachusetts) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahanon v. Cerebral Palsy of Massachusetts, 19 Mass. L. Rptr. 66 (Mass. Ct. App. 2005).

Opinion

Burnes, J.

INTRODUCTION

The plaintiff, Augustine Ahanon (“Ahanon”), sued Cerebral Palsy of Massachusetts (“Cerebral Palsy”), Linda McWalter (“McWalter”) and Larry Spencer (“Spencer”) resulting from his alleged wrongful termination from a bookkeeping position with Cerebral Palsy. Ahanon claims that he was discriminated against based on race (African-American), national origin (Nigerian) and handicap (semi-paralysis of his legs) under G.L.c. 15 IB; that the defendants retaliated [67]*67against him also in violation of G.L.c. 151B and that defendant McWalter wrongfully interfered with his contractual relations. The defendants have moved for summary judgment on all claims. Ahanon does not have sufficient proof on the discrimination claims and they are, in any case, all barred by the statute of limitations; any of Ahanon’s protected activity has no causal connection to the adverse employment decision, defeating a retaliation claim; and the facts are insufficient to sustain a claim of wrongful interference with contractual relations. For these reasons as more fully set out in this memorandum of decision, the motion for summary judgment is ALLOWED.

BACKGROUND

From the parties’ filings, in the light most favorable to the non-moving parly, for purposes of this motion, these are the undisputed material facts. In September of 1999, Ahanon applied for a position with Cerebral Palsy. As part of the application process, Ahanon filled out a form in which he indicated that he had not been convicted of a felony in the last seven years. Spencer interviewed Ahanon, reviewed his resume and employment application, and hired him with the approval of Thomas Zukauskas (“Zukauskas”), Executive Director of Cerebral Palsy. At the time of this meeting, Spencer was aware that Ahanon was African-American, walked using an aid, and based on information in his application materials, was of Nigerian descent. Cerebral Palsy hired Ahanon on September 29, 1999 as an at-will employee with the title of bookkeeper in the fiscal intermediary department.

At some point after his hiring, as a result of a criminal background check, Zukauskas learned of Ahanon’s felony conviction. Zukauskas confronted Ahanon regarding the inconsistency on his employment application. Ahanon explained that he was under the impression that the crime for which he was convicted was a misdemeanor, not a felony. Zukauskas allowed Ahanon to remain employed with Cerebral Palsy, but cautioned him that any further infractions would be taken very seriously.

Ahanon’s job functions initially required him to reconcile bank statements pertaining to disbursements for payroll. For the first year of his employment, Ahanon received satisfactoiy reviews of his work. In 2000, an automation process was introduced which performed Ahanon’s duties. As a result, Ahanon’s responsibilities changed, although he retained the same title. Ahanon’s new position began at some time during 2000, and required him to process payroll information for care providers who provided services to consumers (people with cerebral palsy who are served by the agency). Ahanon’s occupational responsibilities included: adding up and checking time sheets, entering payroll into computer software, alphabetizing and filing form W-4s and other tax forms, alphabetizing and filing time sheets, and on certain scheduled days, answering phones.

On or about April 24, 2000, Zukauskas assisted Ahanon in successfully applying to the Ciiy of Quincy in obtaining a handicapped parking space near the Cerebral Palsy building. According to Ahanon, Zukauskas assisted in this application so he could have easier egress from his own parking space by moving Ahanon’s space to a different location.

During the summer of2000, McWalter told Ahanon that she was going to get him fired. Ahanon expressed his concern over this statement to Spencer, who took no action. Ahanon reiterated his concern on numerous occasions.

On or about June 5, 2000, someone placed an anonymous note on Ahanon’s desk. The note read, “6-5-00. Employees are allowed one (1) hour for lunch!” It is alleged that Ahanon confronted co-worker Donna Greene about the note, who stated, “I am not the one who wants you out of here because you are black. I don’t care if you are black, red, green, or whatever.” Greene provided a handwriting sample to demonstrate that she did not write the note. On or about July 14, 2000, another note appeared on his desk which read, “2nd Warning. CP’s lunch is one (1) hour long!! 7-14-00.” Ahanon again approached Greene, who indicated that McWalter wrote the note.

At some point in 2000, someone put a facsimile on Ahanon’s desk. The facsimile was ostensibly some form of scam in which a party, pretending to represent a bank, solicits people to get them to divulge their bank account numbers. The fax contained a letterhead that indicated it was from a financial institution in Nigeria. On the bottom of the fax, the handwritten words “eat shit” appear. Spencer concedes that the words appear to be in his handwriting. Ahanon contends that Spencer admitted placing the note on his desk and stated that he did so because Ahanon is Nigerian and “all Nigerians should eat shit.”

In late 2000, McWalter questioned Ahanon about a time sheet that was not processed. Ahanon explained that the time sheet was received by fax late in the day. Towards the end of 2001, McWalter questioned Ahanon regarding a payment error on a time sheet. Also, there was apparently some disagreement concerning the stapling of two time sheets. There is no record that Ahanon was disciplined for any of these alleged incidents.

On or about January 18, 2001, Ahanon did not have work and took on a project of a co-worker to provide assistance. It is disputed whether this project was completed. The next day, McWalter asked Ahanon to write down what he had worked on the prior day. As a result of this incident, both parties met with Spencer. At this time, Ahanon complained to Spencer that he was concerned that McWalter wanted to fire him based on his race or handicapped status.

At a time unknown, McWalter and Ahanon had a dispute over a method of filing tax forms. During this confrontation, Ahanon started screaming at McWalter. [68]*68This incident was witnessed by numerous co-workers. Ahanon denies that this “blow up” occurred.

At some point in 2001, Spencer had a conversation with co-workers in which he stated that some of his neighbors do not feel comfortable having black people in their homes. Ahanon was present for this conversation. Spencer participates in a summer program in which he hosts inner city minority children in his home. Spencer says that, while discussing the program with one of his neighbors, the neighbor made the aforementioned comment. Spencer also claims that when telling the story he voiced his contempt for his neighbor’s comments. Ahanon only admits to hearing the statement.

Ahanon also contends that on February 14, 2001, Spencer said, in Ahanon’s presence, something to the effect “let’s go get some niggers.” Again, Spencer claims that this phrase was taken out of context. Spencer asserts that he was relating a story to a co-worker about an incident that took place while Spencer was in the army. Spencer says that a member of his unit uttered this statement, and then as a result of Spencer’s complaints to superiors, that soldier was transferred to another unit. Ahanon claims to have no recollection that Spencer qualified this statement in this manner.

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19 Mass. L. Rptr. 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahanon-v-cerebral-palsy-of-massachusetts-masssuperct-2005.