Employment – Job abandonment – Pretext

Where a defendant employer has moved for summary judgment on a plaintiff’s claims of discrimination and retaliation, that motion should be denied because a reasonable jury could find that plaintiff’s termination was driven by discrimination and retaliation rather than abandonment of his position.

“Defendant Caribbean Foundation of Boston, Inc. (‘CFOB’) contends that [plaintiff Auldrick] Anselm was terminated for the non-discriminatory and non-retaliatory reason of job abandonment. …

“… Here, defendant contends that plaintiff’s employment was terminated because he failed to communicate about his health status, failed to request additional medical leave, and did not show up to work after his medical leave expired. …

“… Here, there is evidence from which a jury could reasonably infer that defendant’s claimed reason for terminating plaintiff’s employment was pretextual and the result of discrimination. [Beulah] Providence allegedly made repeated comments about plaintiff’s health and retirement status. Providence also allegedly made racist remarks directed at Latino employees, which plaintiff consistently opposed. Not long thereafter, plaintiff was terminated after 48 years of employment. The close temporal proximity between these events may be interpreted as evidence of discriminatory termination. … Moreover, it remains a disputed fact whether plaintiff received a July 13, 2023 email attachment detailing his employment status and required return date.

“In sum, a reasonable jury could find that plaintiff’s termination was driven by discrimination and retaliation rather than abandonment of his position. Summary judgment is therefore inappropriate.”

Anselm v. Caribbean Foundation of Boston, Inc. (Lawyers Weekly No. 02-301-26) (7 pages) (Saylor, J.) (Civil Action No. 24-12729-FDS) (June 11, 2026).

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