Massachusetts Commission Against Discrimination and Individual Complainant v. The R.O.S.E. Fund, Inc
The GLBTQ Domestic Violence Project (GLBTQ-DVP) and Gay & Lesbian Advocates & Defenders (GLAD) are pursuing a complaint with the Massachusetts Commission Against Discrimination (MCAD) on behalf of a gay male survivor of domestic violence who was denied access to facial reconstruction surgery by The R.O.S.E. Fund.
On March 25, we filed our appeal brief with the Full Commission of the MCAD arguing that a hearing officer erroneously concluded that the R.O.S.E. Fund, a nonprofit social services agency, is exempt from the Massachusetts law that prohibits discrimination on account of race, sex, sexual orientation, disability and other protected classes.
The R.O.S.E. Fund established a partnership with leading healthcare institutions to provide free or low-cost reconstructive surgery to survivors of domestic violence. Through this program, R.O.S.E. refers survivors to institutions such as Massachusetts General Hospital, the Massachusetts Eye and Ear Infirmary, and Tufts Dental School. But they denied a referral to the complainant because he is a man.
The Commission had previously found that there was probable cause in this case that discrimination had occurred.
The complainant is represented by attorneys Ben Klein and Jennifer Levi of GLAD and Wayne A. Thomas Jr. of the GLBTQ Domestic Violence Project.