Gender discrimination masked by “old boy” stereotypes –

While sex sells, now more than ever,  sex discrimination also lives on too well according to the EEOC.  It received a $ 500,000 jury verdict in a case under Title VII about sex discrimination in promotion policies in which less qualified men were consistently promoted over a very well qualified woman. *  Our firm recently filed a gender discrimination complaint under state law for sex discrimination  with the Massachusetts Commission against Discrimination (MCAD) against an out-of state firm with over 400 employees.  Our client, a Sales Supervisor,  faced a pattern of biased treatment from Read More...
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Court Tosses EEOC Expert in Disparate Impact Discrimination Case

When a federal court dismissed a disparate impact discrimination case,  the EEOC got egg on its cheeks. A large percentage of the discrimination cases we see involve disparate treatment - good old-fashioned, intentional discrimination.  More subtle and with wider impact is discrimination based on disparate impact.  Disparate impact discrimination involves employment practices that are unintentional and neutral on their face in treating different groups, but land more harshly on one protected group - usually based on race, sex, or age than it may another group.  While bad attitude Read More...
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Associational Discrimination: An Employment Red Flagg

In a recent, precedent setting decision, the Supreme Judicial Court found that the plaintiff, Marc Flagg, had a valid claim of associational discrimination by his employer AliMed, Inc.  Associational discrimination is something that occurs when an employer takes a negative action against an employee due to someone that they are associated with in a protected class, such as race, religion, handicap, or sexual orientation. This case was the first to affirm application of MCAD rulings to an employer with “animus” – a bad attitude – toward an employee terminated allegedly for discrimination Read More...
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Did the Windsor Case Striking Down DOMA “Undomicile” Employment Law?

On June 26, 2013, in United States v. Windsor, the Supreme Court invalidated Section 3 of DOMA making unconstitutional that part of the federal Defense of Marriage Act. Marriage is no longer defined as between a man and a woman to the extent determined in Windsor. Section 2 of DOMA, however, still stands, and allows states to refuse to recognize same-sex marriages performed in other states. While perhaps good constitutional law, it will unsettle “domesticate tranquility” for some time to come! So what might be the ramifications for you as a businessperson or an individual? We suggest some guidance Read More...
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Legal Brief Cases #3 – Employment Poster Changes

As of August 2013, MCAD released the official employment poster changes (.pdf) concerning the Genetic Information Nondiscrimination Act (GINA) laws passed in 2011.

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Legal Brief Cases #2 – Unemployment Benefits Update

On July 1, 2013, new updates to unemployment benefits law went into effect. Employers in Massachusetts now have to give employees two (2) more forms upon letting them go. The first is a pamphlet (.pdf) that explains how someone can apply for unemployment benefits. The second is an insert (.pdf) on where to find career centers throughout the state. For people looking to go online, there has also been an updated system to make things easier for both sides to file what they need quickly, and efficiently. Read More...
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Legal Brief Cases #1 – Retaliation Costs $75,000

This is our first Brief Case, a new and regular segment, where we will briefly update readers on developments in the legal world. MCAD, et al. v. Plymouth County Sheriff’s Department, et al. 2013 An employee was transferred to the night shift duty after testifying at an MCAD public hearing on behalf of a coworker. The employee was found to have been retaliated against and, the courts decided that he should be reinstated to the position of Day Shift Commander and be awarded $75,000 in emotional distress damages. Many retaliation cases are claims based on an employee's own "protected activity." Read More...
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What is Black and White and Shoots for the Blanks?

The Uniform Commercial Code (UCC) is one of a number of uniform acts created to standardize the laws, in particular, of commercial transactions. Much of the UCC has been adopted in some form by all 50 states. It helps businesses conduct transactions from money lending/borrowing, to writing contracts and some leases, to the sale of products called "goods" (but not services or software, unless bundled with product). The goal of uniform state laws is important since commerce crosses state lines. Businesses must know what to expect. We cover some main points in this three part UCC series.* The UCC  Read More...
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UCC Updates: What is black and white and read all over?

The Uniform Commercial Code (UCC) has been updated a set of as of July 1, 2013, and will impact business transactions across the state! The American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL) created the UCC as a set of law to help unify trade standards across the country. All 50 states have adopted the UCC  in some form, either adopted verbatim, or modified to fit each state's needs. As a set of laws, the UCC or the Code helps businesses conduct transactions from money lending/borrowing, to writing contracts for the sale of goods, and more. Read More...
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CFAA – Confidentially Yours or Mine?

Confidentially, how good is your NDA -  the Non-Disclosure Agreement you have your employees sign periodically? For the time being, it appears better to be in New England to protect your private data where the U.S. 1st Circuit Court of Appeals has upheld legal protections under federal law. In the Pacific Northwest -  the 9th Circuit Court of Appeals, with worse weather, data protection is under a cloud. We key in today on the Computer Fraud and Abuse Act (CFAA) providing for criminal and civil penalties for an employee “knowingly and with the intent to defraud" accessing "a protected computer Read More...
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