MassBay assistant dean alleges job loss was as a result of age discrimination

DEDHAM – A longtime administrator at Massachusetts Bay Community College claims his job was cut due to court documents relating to age discrimination.

The civil action brought against the school by Matthew J. O’Connor in the Norfolk Superior Court on August 11th also alleges discriminating against association and retaliation in violation of the Family and Medical Leave Act. It calls for a jury trial to seek compensation for emotional distress.

O’Connor, 60, of Belmont, served as assistant dean of science, technology, engineering, and math until he was released on June 15, 2020.

As of around 2017, O’Connor noted “a disturbing pattern that it was being passed over in favor of younger, less experienced administrators”. In one example he cited in the lawsuit, two other administrators were promoted from director to deputy dean – at O’Connor’s level.

One of the promoted administrators is about five years younger than O’Connor and the other is about 15 years younger.

Within a year, both were promoted again to Associate Dean – positions higher than O’Connor’s.

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‘MBCC declined his application for promotion

“Shortly thereafter, in August 2018, Mr. O’Connor applied to be promoted to Associate Dean as well, but MBCC (MassBay) denied his application,” the complaint said.

In about February 2020, O’Connor applied for temporary leave under the Family and Sick Leave Act to care for a family member. The application was approved for one year from the beginning of March 2020.

In meetings this spring, President David Podell suggested that the community college may face budget cuts. Later, during a follow-up meeting in early June, many lecturers and staff expressed their interest in early retirement.

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“However, Mr. O’Connor did not want to retire early. He was hired by MBCC and planned to continue his employment there for the foreseeable future,” the complaint said.

But on June 15, 2020, he learned that his position would be cut as of September 15, 2020 and that he would be put on paid administrative leave from July 1, 2020. O’Connor believes he was the only administrator whose job was cut, according to the complaint.

Employment schedule

O’Connor worked as a MassBay administrator for 13 years. He began a position in 1999, before becoming dean in 2003, where he served for four years. Then, after serving in the United States Air Force’s Nuclear Command and Control Program, he returned to MassBay in 2015 as Assistant Dean of STEM.

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Podell has not reassigned O’Connor to another position despite several opportunities, according to the lawsuit alleging that it shows “discriminatory animus and pretext”.

For example, O’Connor was not transferred to an open position as dean of automotive technology. Nevertheless, he applied for the position last December.

“However, despite his qualifications and his many years of dedicated and successful work, MBCC did not even offer him an interview,” says the complaint.

O’Connor was also not reassigned to the position of deputy dean, despite the state advising that there would be no budget cuts and that the STEM department’s funds would in fact be increased, according to the complaint.

Suzanne Herold, attorney at Herold Law Group, representing O’Connor, declined to comment. O’Connor was unavailable for comment.

Elizabeth Cooper, assistant director of marketing and institutional communications, called it a “human resources issue” and said she could not comment on the complaint.

According to the complaint, O’Connor was given a near-perfect score (3.9 out of 4.0) as “Exceeds Expectations” in its most recent performance evaluation. This review was completed in November 2019.

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“As a result of the defendant’s unlawful acts, Mr. O’Connor has suffered significant emotional, physical and economic damage and will continue to suffer,” the lawsuit states.

Wellesley Hills-based MassBay Community College also has locations in Framingham and Ashland.

Zane Razzaq writes about education. You can reach them at 508-626-3919 or [email protected]. Follow her on Twitter @zanerazz.