Massachusetts Supreme Judicial Court

Bernard E. Bulwer vs. Mount Auburn Hospital & Others

February 29, 2016473 Mass. 672

Summary

The court held that the plaintiff presented sufficient evidence for a jury to find that the hospital’s stated reasons for ending his residency were pretextual and that racial or national-origin discrimination may have caused the adverse employment action. It also held that genuine factual disputes existed concerning whether the hospital breached the medical resident agreement by violating incorporated nondiscrimination and due-process requirements and by failing to provide appropriate supervision. The court therefore vacated the summary judgments on both claims and remanded for further proceedings.