Femino v. Data Technology, Inc.

The plaintiff, John A. Femino, alleges in his amended complaint, brought under G.L.c. 15IB, §9, that defendants Data Technology, Inc. (“Data Tech”) and Wayne Heath (“Heath”) unlawfully discriminated against him at his place of employment on the basis of a disability or handicap.2, 3 Both defendants now move for summary judgment. Heath individually argues that plaintiffs failure to name him in plaintiff s initial filing with the Massachusetts Commission Against Discrimination (“MCAD”) bars suit against him in this court.4 Both defendants argue that plaintiff has not come forward with a…