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 […]
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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 […]
Read more...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 […]
Read more...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 […]
Read more...Interviews: Best Hiring Practices Part 3
Interviews are the third topic in our series on hiring. You should have already prepared a complete job description that will help you if you need to terminate the employee. Thus, you have some form of criteria for weeding out the applicants. That criteria should remain consistent when interviewing, and is useful throughout the employment […]
Read more...Employee Handbooks: Everything You Need To Know To Keep You Out Of Trouble
Today we present a guest article by my colleague, Jeanne M. Colachio, Esq. We both presented at the recent Lorman Employment Law Update seminar, for the second year. She agreed to become my first guest blogger and has great advice about employee handbooks. We wanted to share her excellent advice with you. EMPLOYEE HANDBOOKS: EVERYTHING […]
Read more...Age Discrimination Defense: Factors Other Than Age
BTW, have you noticed our blog has a new name? With age discrimination cases, claims that business practices have a disparate impact on people protected by the ADEA* can make it difficult to mount a strong defense. The ADEA was created to prohibit discrimination in employment against people ages 40 and older, and has since […]
Read more...Employee Terminations: Best Practices for Employers
Some of you might like a short primer on employee terminations, something we all prefer not to do, but sometimes it is unavoidable. This is one part of my topic: Hiring, Firing, Disciplining and Laying-off Employees for an Employment Law Update Seminar. Terminating someone, whether or not “for cause,” may be one of the harder […]
Read more...Family Medical Leave Act (FMLA) new 2013 rules
The new Family Medical Leave Act (FMLA) Rules were put into effect as of March 8, 2013! We have touched upon the FMLA in the past, and the military provisions in particular. These Department of Labor rules have bloomed like crocuses in the spring and, if you are a family in need, they are just […]
Read more...Waiving Wage Act Claims
A recent case as resulted in an important update to the Wage Act, concerning statute of limitations and what is a valid release. The Townsend Oil Company, Inc., barely a stone throw away from my office, was in court over a Wage Act dispute involving two important legal doctrines for employers and employees: independent contractors […]
Read more...Applications: Best Hiring Practices Part 2
The challenge for employers, their HR staff, and hiring managers is to absorb enough employment law to make the right decisions. Here are 10 of my favorite tips about the hiring process/application forms: Some Massachusetts Hiring Application Requirements Lie Detectors – A Statement that Lie Detector Tests are unlawful in Massachusetts as a condition of […]
Read more...The Massachusetts Wage Act
The Massachusetts Wage Act seeks to enforce employee’s right to receive any and all unpaid wages they have earned. It is a strict liability statute and, once a case is filed in court if a violation is proven, the law provides mandatory triple damages and attorneys’ fees. Mass. Gen. Laws Ch. 149, § 150. Wages […]
Read more...The HR Dilemma: Best Hiring Practices Part 1
HR professionals or other hiring managers need to have best practices in order comply with employment laws, one of the most complex legal areas. The dilemma is that poor decisions may impact a company for years to come. Decisions that violate, or appear to violate, employment laws could lead to untold legal costs and/or liabilities. […]
Read more...USERRA – Protecting our Protectors
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is designed to help protect U.S. military personnel from discrimination that they may face in returning to their jobs. The law ensures that they: are not disadvantaged in their workplaces because of their service; are quickly reemployed and restored to their former jobs on […]
Read more...Do you have an employment contract in Massachusetts?
Defining a contract is easier than determining if circumstances constitute proof of one. A contract is an agreement made voluntarily by two or more parties intending to create a legal obligation(s) and paying consideration. They are often in writing, though many are oral. In deciding that there was no contract defining the right to a bonus […]
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