MEMORANDUM

Issue(s) Investigated:

Whether Complainant was discriminated against in employment based on disability, in violation of M.G.L. Ch. 151B, section 4, paragraph 16 and Title VII of the 1968 Civil Rights Act as amended.

Summary of Findings:

Complainant worked for the Respondent for three and half years as a software engineer. Complainant is a qualified handicap who is afflicted with tendinitis. On August 11, 1996, Complainant requested three weeks of unpaid leave to seek medical treatment of his disability beginning September 11, 1996. Respondent approved the leave but required the Complainant to delay taking the leave for an indefinite time period due to a work project. Complainant went on leave on September 25, 1996. On September 27, 1996, Respondent terminated Complainant.

Based in the investigative findings it is recommended that this case be referred for Arbitration. Counsel represents Complainant, the case is leaning towards a probable cause finding and the issue lends itself to arbitration.