North Reading Company Fined $75,000 for Racial Discrimination

NORTH READING, MA — A North Reading company has been fined after the Massachusetts Commission Against Discrimination (MCAD) found that a former employee had been discriminated against because of his race.

Teradyne, Inc. has been fined $75,000 after former engineer Festus Adelabu, who is African-American, filed a complaint against the company, Engineering Manager Mark Schwartz and Manager of Hardware Engineering Rick Burns alleging that the two had discriminated against him based on his race and retaliated against him.

"Given [Adelabu's] superior technical abilities and his history of strong performance with positive feedback, there is sufficient evidence to conclude that Burns expected a greater degree of deference from a black subordinate than he might have expected from a white subordinate," wrote hearing officer Eugenia M. Guastaferri in her decision released Nov. 30, 2016."His behavior suggests the existence of racial bias toward [Adelabu], perhaps unconscious, and raises the question of whether he would have greeted similar behavior from a white subordinate so harshly."

He further alleged that Schwartz was not receptive to his concerns, and he was demoted from a managerial position and that he was forced out of the company.

In her 63-page ruling, Guastaferri ruled that Gurns' perception of Adelabu's behavior partially may have resulted from racial bias, and that the criticism may be reflective of bias that is unconscious and subtle.

"Even if Burns did not act with conscious awareness of his motivation in demonstrating bias based on Complainant's race, "this neither alters the fact of its existence, nor excuses it,"" wrote Guastaferri.""Unwitting or ingrained bias is no less injurious or worthy of eradication than blatant or calculated discrimination.""

However, Schwartz was found to have made a "good faith" effort to address Adelabu's concerns. Guastaferri also found that Adelabu was not constructively discharged, but voluntarily left the company.

The evidence demonstrates that Schwartz took a number of proactive measures to abate the problems Complainant brought to his attention about dysfunction on the team, unfounded complaints about the firmware, and what Complainant viewed as unfair treatment," wrote Guastaferri.

Because he was found to not have left the company, Adelabu was not awarded lost wages and benefits he had claimed was due. He was, however, awarded $75,000 in damages for "emotional distress he suffered as a direct consequence of the discriminatory treatment," wrote Guastaferri.

Teradyne is able to appeal the decision.

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