WLG defeats Motion to dismiss in “Right-wing” Speech Religious Discrimination case

Whitney Law Group recently defeated an employer’s motion to dismiss for their client, a Jewish man who claims that a group of “MAGA” enthusiasts targeted him and his Jewish co-worker. The case, pending in the Middlesex Superior Court, in Woburn, MA, is titled Brzuchalski v. Digital Guardian, LLC, et al.

The plaintiff alleges, among other claims, that throughout his two-plus years working for the Waltham software company, a group of co-workers tormented him. He claims the ringleader was Greg Cranley, who openly displayed a red “Make America Great Again” hat, a poster of former President Donald J. Trump, and a “Don’t Tread on Me” flag in his cubicle. The plaintiff claims that Cranley and two like-minded employees were not shy about expressing their support for views that the plaintiff connected to the “MAGA movement,” including a lack of tolerance for Jews, Black Lives Matter supporters, immigrants and diversity in the United States.

WLG’s victory was highlighted in a recent Mass Lawyer’s Weekly newspaper article. The article noted, in denying the employer’s attempt to dismiss the religious discrimination claim, the Court found that “[w]hen coupled with more overtly discriminatory conduct, harassing and offensive actions less clearly directed at a plaintiff’s religion could help claims under [the anti-discrimination law] for hostile work environment and disparate treatment survive dismissal ….”

The full Mass Lawyer’s Weekly article can be found HERE

The court’s full opinion can be found HERE.

As a result of this initial victory, the case will now move into the discovery phase.

171208-MAGA.jpg” by r.nial.bradshaw is licensed under CC BY 2.0 and has been used without alteration.
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