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...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. […]
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...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 […]
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