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Bennett & Belfort’s Client Set For Trial Against MGH

By July 21, 2022No Comments

Partner Todd Bennett

Partner Craig Levey

On July 15, 2022, a judge sitting in Suffolk Superior Court ruled that Bennett & Belfort’s client is entitled to a jury trial on all four counts of the Complaint for disability discrimination, gender identity discrimination, retaliation, and interference, against Plaintiff’s former employer and supervisor, Massachusetts General Hospital and Giuliana Arcovio.  Plaintiff is represented by Craig Levey and Todd Bennett.

Plaintiff was employed by MGH as a Radiology Technical Manager between 2011 and December 2019, during which time Plaintiff received seven consecutive years of outstanding performance evaluations by Arcovio.  In 2018, Plaintiff notified MGH that Plaintiff does not identify as male or female, and had been diagnosed with several disabilities.  Plaintiff also took protected medical leave during this time.  Thereafter, Plaintiff claims that MGH and Arcovio retaliated against Plaintiff by seeking to transfer Plaintiff and, ultimately, terminating Plaintiff’s employment.

Less than 48 hours after the oral argument on Defendants’ Motion for Summary Judgment, the Court, applying the applicable summary judgment standards, issued its Decision and Order finding that there are several issues of material fact for a jury to decide.  The judge took specific steps to articulate eight different examples of factual disputes that were addressed in the summary judgment record.

The Court’s Decision and Order (Haggan, J.) is available in full online and here- Decision and Order.

The Court has scheduled a Final Pre-Trial Conference for September 20, at which time it will set a trial date.  Attorneys Levey and Bennett look forward to trial.