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Appeals court questions workplace accommodation, FMLA and retaliation claims in Massport firing
Summary
In an appeal by a former Massport captain, the court probed whether an employer-provided accommodation (allowing a captain to leave overnight shifts for medical flare-ups) was effectively granted and whether subsequent discipline and termination were causally linked to protected activity under state anti-discrimination law or federal FMLA.
The Massachusetts Appeals Court heard argument Oct. 10 in Captain Alexander Popolo v. Massachusetts Port Authority over claims that Massport denied a reasonable accommodation for a disability and later terminated him in retaliation for requesting leave.
Suzanne Herold, representing Captain Popolo, told the panel the core dispute is whether the accommodation granted by human resources—notification to colleagues and a response confirming assumption of command—was workable in practice. Popolo and his counsel said he attempted once to use the accommodation on an overnight shift, did not receive…
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