Robinson Donovan, P.C., successfully defended a Hampshire County municipality in a claim brought by one of its employees alleging age and gender discrimination. The action, which was filed with the Massachusetts Commission Against Discrimination, alleged that the Town’s decision to reduce her hours as a clerk in the Town’s Building Department was unlawfully based on her age and gender. Robinson Donovan successfully argued to the MCAD that the decision to cut her hours, as well as the decisions to reduce funding for other Town employees and services, was the result of the legislative process provided by the Town’s Charter and was based solely on budgetary constraints that forced the Town, its officials and its voters to make difficult decisions about the Town’s financial limitations and priorities.
Citing to the reasons set forth by Robinson Donovan on behalf of the Town, the MCAD agreed with the firm’s argument and found that the employee’s claims lacked probable cause.