My MCAD Hearing Today
At the MCAD hearing, I represented myself against one of the best (top three) firms and attorneys and won against all the odds.
My appeal hearing of MCAD’s decision was interesting. I was prepared to show how Tufts Medical Center denied me justice by falsifying my records. However, that was considered new evidence which Tufts objected to, and I could not use it (Tufts knew that). For the first 30 minutes, everything I said was irrelevant or not admissible. Despite the setbacks, feeling flustered, I remained calm then continued because I was ready.
The Hearing Officer was fair, knew the medical system; I used my medical knowledge to show the impossibility of Tufts Medical Center’s assertions and mischaracterization of me. It was enough to suggest discrimination and a lousy investigation. The case will now undergo a real investigation; I hope.
I am thankful to all those who helped: my big brother (an attorney), my boys (my sons were at the hearing and did a fantastic job responding to the Hearing Officer’s questions), and an old acquaintance (who is an attorney). Besides, Carleton Moten spent about 4 hours on the phone with me the night before, reviewing Tufts rebuttal (The Littler document) line by line; I was prepared.
Somehow I was able to show the Hearing Officer that Tufts Medical Center’s statements were contradictory; there was enough to suggest discrimination, despite the objections of Tufts’ mighty and powerful attorney at Littler Mendelson, PC. She was not happy!!!!!!!!!!!!!!!!! (Exclamations marks intended for you to use your imagination); I was extremely pleased.
Oh, did I mention at the MCAD hearing, I represented myself against one of the best (top three) firms and attorneys, and won against all the odds? 🙂
The Hearing Officer will recommend  that my complaint  be sent back for a REAL  investigation–that happens in only 5-8% of cases.   :))))  Yippie!
#discrimination #justice
Being the oldest and both Swedish and Scotish, all being named William (brave defender) and Richard (wearer of the resolute helmet) I have never taken no for an answer. Most of the things I have done in my life were declared crazy or impossible before I did them. Afterwards, when they were giving me awards for doing them many said they had thought of them first, of course. But DON”T TAKE NO FOR AN ANSWER and your be prepared approach is sure to be a critical element in being successful I normally just go in acting as if there is no possibility that we are going to do anything but what I propose.. If necessary I offer to sue them into the stone age. That works very well with the medical system. This is my way of encouraging you and wishing you well I am hoping that you have gotten my books are are enjoying reading The Grand Eccentrics and learning some of the history of the early 20th century and a handful of people who make it happen. There are always a handful of nuts trying to fly or something.
Caio
Bill
Hi Bill, I just wrote a long response that got erased. I will re-write…
Hi Bill,
Thank you for the words of encouragement. You realize I cannot say you words and get the same respect or be treated with respect.
One of the first things I did at the hearing was to give the Hearing Officer a copy of my CV. In medicine, a physician (no we do not check IDs and I never met a patient pretending to be a physician) is treated differently, accorded a certain RESPECT.
You see Tuft’s Medical Center ED staff (similar to the comments made by Brittany from Tufts) laughed when I told them I was a physician. Nowhere do Tufts Medical CEnter ED staff refer to me as a physician. Instead their ED staff portray me as an intoxicated racist– without any blood alcohol level or any physical signs of intoxication.
They even told my friend’s husband I was intoxicated without my permission. I was not intoxicated and that is private information that they should never share without my consent.
I told them I had a glass of wine. If intoxicated why was I allowed to sign out AMA? (Intoxication is a blood alchohol of 0.8 and impaired decision making capacity. Even a mildly intoxicated patient is not legally allowed to drive or to sign out AMA) Tufts Medical Center ED staff claimed I presented shouting racial expletives at them. In one instance at least two staff were present and in another instance the entire ED staff witnessed these alleged mischaracterizations. Yet no documentation in the chart or by EMS. The ED doctor DR ….. did not do a neurological exam!!!
First place I broke both sides of my jaw–shattering one side of my jaw, extending into my lower gum and teeth; and breaking as well as dislocating the TMJ on the other side. I could not open my mouth. Yet Tufts Medical CEnter ED staff under perjury claimed I was belligerent and shouting. There claim is totally unsubstantiated. Yet the MCAD investigator (names will folllow) did not investigate or DO HER JOB!!!
Now let’s pretend I was that fabricated person painted in the Littler document, signed by Tufts Medical CEnter based on their ED staff. Given the history of my fall– flat on my face without breaking the fall–new onset high blood pressure of 172/117 with altered mental status, as ex-Emergency Room Physician I would immediately be concerned about SEIZURE versus SYNCOPE…as reasons for the fall. And I would definitely get a Blood Alcohol level.
None of the above were done. I was stripped of my dignity, ignored and as a consequence suffered harm. Because I did have a syncopal episode!!!
I could go on and maybe I will…later..
Angela I have had a similar problem with MCAD my investigator never read my complaint she simply listen to the respondents statement and that is it. I now have to go in front of an hearing Officer just as you did. MCAD is not providing justice to those in need.
Odell
Hi Odell,
Good luck!!!
MCAD is a shady organization who is in bed with perpetrators of discrimination. They are what I refer to as a farce and a waste of tax $$$. They will find insufficient evidence because they do very little if any investigation instead using the respondents lies as evidence. I had Sarah Bigelow, avoid her. She is both incompetent and dishonest.
Apparently, MA is known for its nuanced racism. MCAD is a sinister example of that nuanced racism.
Good Luck…if you can get a lawyer and go to Federal court you may have some success if you are Jewish or Indian or Asian otherwise prepare for corruption.
One of the big problems with justice is the judicial arm, starting at the very top, the system is broken and corrupt!
Hi Odell, for those who don’t know, MCAD Massachusetts commission against discrimination. I decided that I would certainly have them pay another way. Tufts medical center I don’t forget and I will never forgive. And Littler will not save you with lies! …Tufts could have settled but now be prepared , your names will be forever imprinted on my mind and many others. 😀
Hi Odell,
Good luck!!!
MCAD is a shady organization who is in bed with perpetrators of discrimination. They are what I refer to as a farce and a waste of tax $$$. They will find insufficient evidence because they do very little if any investigation instead using the respondents lies as evidence. I had Sarah Bigelow, avoid her. She is both incompetent and dishonest.
Apparently, MA is known for its nuanced racism. MCAD is a sinister example of that nuanced racism.
Good Luck…if you can get a lawyer and go to Federal court you may have some success if you are Jewish or Indian or Asian otherwise prepare for corruption.
One of the big problems with justice is the judicial arm, starting at the very top, the system is broken and corrupt!
Angela,
I’m sorry if I missed it on the blog but what happened after your case was put back into investigation? Also what is the current status of your case is it still with MCAD?
Odell
Hi Someone,
I thought I would hear from MCAD . But they get paid for doing nothing, About a month ago, I received a note from MCAD with a few lines stating insufficient evidence. I kid you not.
This agency, MCAD, should be closed!!! And subjected to heavy fines by the people they misrepresented!
As for that corrupt and fraudulent ‘hospital’ called Tufts Medical Center, I have the option of filing a civil rights violation in Federal court and the option of medical malpractice. Given the dishonesty and lack of justice prevalent in USA courts, I have little hope.
However, there are other options to explore. 🙂
Please hv patients. .I hv extensive knowledge due to my own case…no im not a lawyer, please contact me…your case moves like molasses. ..believe me I kn…in need of support or anything..contact me…rshana67@gmail.com. .
Is there a way to contact you directly?
I’m hesitant to leave my contact info in this way.
I may have a similar situation of my own. I’d like to ask for your input. This is not a scam. I read your post and would really like to talk to you. Thank you for sharing your story and considering my request.
Yes, please contact me at Failuretolisten@gmail.com or through the contact form
In many ways, I feel like a whistle blower on Tufts medical center’s abuse of medical records, perjury and forgery. In reporting to MCAD, I found MCAD was in cahoots with tufts. Tufts attorneys also oversaw MCAD. As for the rest of the healthcare system, there was no department to handle such complaints. No wonder we spend so much on health care yet our outcomes rival those of developing nations.
Please resend
I’m so proud of you! I too had an incompetent investigator at the hearing who took respondent’s words as truth, didn’t read the evidence, and breached the administrative process giving me ample grounds for appeal should a finding of “no probable cause” be found. Failing that I am prepared to use the civil court system. I am asserting retaliatory eviction and my evidence is strong. MCAD should be disbanded. That have an extremely poor reputation in advocacy circles. Best of luck and keep us posted.
These administrative procedures were breached during my MCAD process. (1) They failed to give my the 100 day notice of hearing when I originally filed. (2) They failed to give me 15 days notice just prior to trial. (3) They ran the 100 days out to 150 days prior to granting an investigative hearing. (4) They failed to return ANY emails or phone calls. I will use all of this against them if forced to appeal.
OMG, Finally people who know my plight! My case is against a sister state agency, (DCR). My investigator told me “we do not have a procedure manual for complaintants”. She told me I was not entitled to predetermination discovery without a lawyer. They conducted my appeal hearing without producing my requested postdetermination discovery requests. Conflict of Interest involving themselves in a complaint against the state. Nothing but wrong dates, rudeness, non-compliance of their own regulations. Investigator Jeannine Rice is the rudest person I have met in a long time. I-team recently did a segment on MCAD shortcomings, look it up. We need to all get together and put a stop to this abuse of power.
Please call me 617-899-1261
Will call later this evening.
Called yesterday and left message.
I agree with Angela Grant, the MCAD is not providing justice. I think we should all meet and go to the media. I think if we come together and shine light on this institutionalized racism and poor practice we will make a difference and may stimulate change.
I don’t know, I am open for suggestions.
Might not be a bad idea. Something has to be done. They are a sham.
How disheartening it must have been to have met the burden to move to an appeal hearing only to have an LOPC finding. I too have insofar represented myself. The discovery I submitted did meet the Investigator’s belief to warrant PC, tho now that Commission has assigned Council it bars me from any future active roll and I have been threatened with dismissal if I insist on Amending charges to include 151B 4(5). I have indisputable evidence of the Amended charge I wish to submit which the Company itself released to me in the form of signed Position Statement, letters, emails and my legally obtained recording which fulfills the Tripartite Standard to charge individuals but MCAD refuses to address it….a sure sign of MCAD’s determination to protect the perpetrators.
MCAD is merely a facade and it’s true purpose is to quell culpability and mitigate monetary liability.
I do not subscribe to Social Media outlets, but that certainly is how to reach the masses and bring light, hope and ultimately accountability for MCAD’s contempt against the aggrieved.
Further I have indisputable evidence of perjury [under both 18 U.S. Code § 1621 & 1623] which fulfills the Two Witness Standard, and I will be attempting to bring those charges when MCAD Claim is closed, or before statute of limitations accrues, whichever comes first.
MCAD is a facade. The people who make the decisions are the same people you file complaints against. They just exchange hats.
I wish you luck and if I can help let me know. You have a difficult road ahead, it’s a corrupt system where the perpetrators make the decisions.
Hi Steve, you also have incompetent overworked people doing the investigation at MCAD. The commission frequently finds insufficient evidence to make a ruling.
Tufts sent me a redacted medical record that concealed the names of those involved in my care. Tufts forged my signature. The big gap in medicine was that there was no agency that would evaluate the illegality of such actions by Tufts.
The law firms were uninterested. It was if they too protected Tufts’ interests. As a patient I felt Tufts could have killed me in that emergency room and my family would not have any legal recourse. The regulatory agencies refused to look under the cover during their investigation.
I had a serious head trauma after a syncopal episode with new onset severe hypertension. Yet in the ED at Tufts Medical Center I was painted as an alcoholic without an alcohol level ever being done. I could barely talk and was in severe pain yet Tufts claims I was yelling you white bitch at the nurses. I called friends prior to going to ER and they could not understand me.
If I did say those things, it was clear evidence of concussion but instead I was diagnosed as an angry black woman.
Because of Tufts discrimination which resulted in poor medical care, less than two months later I had hypertensive crisis with a stroke. I was left with residual right sided weakness and cognitive issues.
I experienced all that was wrong with the healthcare system. Here I was admitted with a hypertensive encephalopathy to a hospital in Nashua, NH and some PHysican assistant called psychiatrist who threatened to have me committed unless I answered his questions. He wanted to know why I left medicine. You see he thought there was dirt but there was none to be found as that was not my problem. This psychiatrist actually threatened me. When I reported him to the board of medicine and the hospital to Hippa nothing was done. A hospital can be like a prison. What happens in there stays in the dark.
Had my brother not been a lawyer, the psychiatrist would have made good on his threat.
I am sorry for your injustice to you personally, others by MCAD, the community of Boston, MA, the state of MA and the US. Any injustice to one person (noted several by MCAD and myself btw with NO INVESTIGATION, changed allegedly their website when I called them on their corruption, seeing other alleged govt. officials approach me when filing a complaint with already alleged corruption….the list goes on). I question why there even is a MCAD/EEOC If they don’t follow the state and federal laws. This is not only an injustice to individuals,but honestly shows what should be an embarrassment of the state of MA which is supposed to be STRONG and federal laws. I have been allegedly had civil and criminally violated laws by the corruption at MCAD (and other govt channels). When you are changing your website to serve higher authorities to hide corruption it is corruption to the nth power. Corruption feeds corruption. I am willing to start a protest and march outside one asburton place with media from other states. The brave people have come forth on other issues in America only by PEOPLE coming together. The place supposed to protect and HONOR LAWS is corrupting them and allowing the political interests or higher titles to get away with crimes. What has happened to America and what a disgrace to Boston, MA which states it is strong? You want strong? Be ethical, honest, integrity, follow and honor LAWS. Laws were not made as prejudice, bias, corruption and select few. You are dishonoring the people who enacted them and the ones who are honest citizens trying to stand by them. Literally MCAD CHANGED their own website to Cover up me calling them on their lack of law, procedure and they are a disgrace to Boston, MA, the states and US. I am up for the speaking up if you are. Nothing changes until many speak of all races, color etc. mine was sex dscrimination and they allowed fabricated documents and never questioned them by Littler Law Firm. Same law firm who allegedly had lies and perjury for a black female is to me as a white female. Ready to speak up and take action! why bothering employeeing people for an agency for discrimination if they discriminate themselves? They have gotten away with it for too long and then other courts follow allegedly their corruption. Why bother having MCAD, courts, law enforcement when it means nothing? We the people can do a much better job……exposure is key and change. SA
I totally agree with you. And am willing to go to battle with them. MCAD is a sham and Littler corrupt. Their lawyers should be disbarred. But they are powerful and can reach all over new England. They can even frame family.
I thought I was the only one who thought this going through my experience…i’ve Watched the side conversations but through it all I had doubts any investigation was being done…this confirms my doubts because my supporting details were strong but they never provided any feedback!
They ‘re not doing their job. They are deceiving the public as they are biased against the clients they were created to protect. My file was almost empty despite witnesses being interviewed. The interview and other evidence never made it to the file. One problem is that the organizations that discriminate often change hats and work for the agency making the decisions.
Wonder how many cases conclude with insufficient information?
What is your story? What can we do about it? Any ideas?
Yeah…it’s best that I NOT, really comment at this time considering the level of raw rage I’m trying to overcome. Others have already, very articulately expressed what I simply lack the…proper vocabulary…to convey at this time. That and the fact that I AM EXHAUSTED from litigating my own cases through these expletives and in court…. There needs to be a support group for those of us who have had the extreme displeasure of dealing with those…folks…and the judicial system itself..
Anyhu, I just appealed a housing LOPC. “Insufficient evidence” was the cited reason. I started the appeal stating that I had PERSONALLY DELIVERED 67 exhibits to that office before I had even written my Rebuttal, where I electronically resubmitted cogent evidence…….and I ended it stating that the case was dismissed because of “an insufficient investigation, among other things.” Honestly, I do NOT believe there was ANY investigation….
Oh, but wait. I have an investigative conference for a wrongful termination next month with Sarah Biglow….
Yeah.
Feel free to contact me. carpeomnis@outlook.com