MCAD rules 'probable cause' in court case
Caitlin Yoshiko Kandil | 1/11/2012, 8:02 a.m.
City Councilor-At-Large Felix Arroyo said he became a “squeaky wheel” for his case, and called the MCAD numerous times to urge them to make a decision.
“I think he and everyone else is entitled to due process, and felt that it was important for MCAD to make a decision,” Arroyo said. “We did our very best not to influence what the decision would be, but to say, ‘this guy’s been waiting two years now and deserves a decision.’ We must have due process if justice is to happen.”
Another boost came from Gov. Deval Patrick. When the governor came to Boston for a gathering in Savin Hill in the spring of 2011, Flint made sure to run into him so he could explain his dilemma. “He [Patrick] introduced me to his aide and said to him, ‘His case is stuck in MCAD, unstuck it,’ ” Flint recalls.
The governor’s office, which confirmed Flint’s version of the story, then contacted the MCAD to put pressure on the office to make a decision. And sure enough, weeks later, Flint had a ruling. But not the one he wanted — the MCAD ruled “no probable cause” for racial discrimination.
“I’ll never forget it,” Flint said. “I was so sad, I was crying, I was in disbelief. I couldn’t understand their decision because I never had an investigative hearing and I had so much evidence to prove the contrary.”
The MCAD never contacted Flint before making their decision to get his side of the story.
“I read the letter over again, and realized through the MCAD’s wording that they didn’t investigate it properly,” he explained.
For instance, the MCAD claimed Flint had a history of disciplinary problems — justifying his dismissal — and cited a suspension that Connolly also wrote about in his termination letter.
However, that suspension had been held in abeyance for three months, and was later killed.
“That’s how I knew that they didn’t investigate,” Flint said. “Because they would have looked into that suspension and seen that it never actually happened. They just transferred that over from what Connolly was saying.”
Flint and his lawyer immediately put in an appeal with the MCAD, and received a hearing in August 2011. “We brought up the fact that I didn’t receive a proper investigative hearing to show the MCAD my evidence,” Flint said.
The only person from the Massachusetts Trial Court to show up was the Court’s lawyer.
Finally, four months later, on Christmas Eve, Flint received a call from the MCAD and his decision was read to him over the phone. “When I heard the words ‘reverse’ and ‘probable cause,’ I immediately dropped to my knees and prayed,” Flint said.
The MCAD would not comment on the reasons for reversing their initial decision, but Media Liaison Barbara Green explained: “The next step to be taken is a conciliation conference that is mandatory for both complainant and respondent. Should conciliation fail, the case will be certified for public hearing.”
Connolly did not respond to requests for an interview.
Sarah Flint hopes the ruling means her son will get his job back.
“He loved what he did and he was good and what he did,” she said.
But Flint is looking for something more basic. “I’m hoping to get my life back, so that I can feel like I’m a human being again,” he said. “Like I’m a man.”