I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with the MCAD. Before it was heard, I transferred it to the Superior Court. In November of 2002, I experienced chest and back pains. I applied for and was granted Social Security disability. The examiner determined I became disabled on the last day of my employment. I refer you to a case similar to mine (Kermie King v. Thomas Memorial Hospital). My concern is whether or not a judge will most likely grant summary judgment by inferring that I am estopped from pursuing my discrimination claim because I am considered by Social Security to be totally disabled. I became disabled after I filed the claim. I had no control over becoming disabled. I am not seeking front or back pay. I am requesting compensatory and punitive damages. Does the King case dictate the judge's decision? I believe that the Federal Courts of Appeal are in disagreement with the King case. If it was an ADA complaint, I wouldn't have to be concerned (Cleveland v. Policy Management Systems), but it isn't. I would greatly appreciate your input in this matter.
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