First Circuit Recognizes Sexual Orientation as the “Plus” in “Sex-Plus” Discrimination Suit

2018-02-02T21:17:55+00:00 February 2nd, 2018|Categories: Anthony Bova, Discrimination & Harassment, Litigation|

The First Circuit has recognized for the first time that sexual orientation can be the “plus” in a “sex-plus” discrimination case. The facts upon which a Rhode Island federal district court jury (and ultimately the First Circuit) found gender discrimination premised on the “sex-plus” theory are vile. The plaintiff, a

Have your Employees Been “Weinsteined?” (As Now Defined in the Urban Dictionary)

2018-01-31T21:41:07+00:00 November 20th, 2017|Categories: Discrimination & Harassment, Human Resources Compliance, Laws & Regulations, Mary E. (Beth) O'Neal|

With all that is in the news recently about the alleged sexual harassment and sexual assaults perpetrated by Harvey Weinstein, and more perpetrators being identified weekly, our attention has been (or should be) re-focused on what employers can and should do to identify and respond to employee complaints of sexual

Massachusetts Pregnant Workers Fairness Act: What to Know and How to Prepare

2017-08-04T20:00:39+00:00 August 4th, 2017|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Julie L. Martin, Laws & Regulations, MCAD & EEOC|

On July 27, 2017, Massachusetts Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act (the “PWFA”) into law.  Massachusetts joined twenty-one states and Washington D.C. in providing protections to pregnant workers. The PWFA supplements Massachusetts employment discrimination law, by adding pregnant employees and employees with pregnancy-related medical conditions (including breastfeeding)

7th Circuit Extends Title VII Anti-Discrimination Protections to Claims Based on Sexual Orientation

2017-04-06T19:57:29+00:00 April 6th, 2017|Categories: Discrimination & Harassment, Thomas J. Gallitano|

In a groundbreaking decision, the 7th Circuit Court of Appeals extended Title VII protections against sex discrimination to LGBT plaintiffs. Prior to this decision, the provision prohibiting discrimination based on sex was narrowly interpreted and did not extend to issues of sexual orientation. In a decision earlier this week the court expanded the provision of

Will the Legalization of Marijuana Impact your Business?

2017-04-26T18:43:27+00:00 November 30th, 2016|Categories: Daniel Fishman, Discrimination & Harassment, Labor Law & NLRB, Thomas J. Gallitano, Uncategorized|

On November 8, 2016, Massachusetts voters approved Question 4 to legalize the possession and recreational use of marijuana. The ballot initiative passed by a 53.6% to 46.4% margin. The law comes into effect quickly: recreational use and possession of marijuana will be legal for adults 21 years old or older on December 15, 2016 while

New Transgender Anti-Discrimination Law – What You Need to Know

2017-01-13T17:26:23+00:00 September 20th, 2016|Categories: Daryl K. Zules, Discrimination & Harassment, Human Resources Compliance, Laws & Regulations, Thomas J. Gallitano|

On July 6, 2016, Governor Charles D. Baker signed into law Senate Bill 2407: An Act relative to transgender anti-discrimination, codified at G.L. c. 272 §§ 92, 92A, and 98. Effective October 1, 2016, this new law formally prohibits discrimination on the basis of gender identity in places of public accommodation. Gender identity is now

A Refresher on Retaliation Based on the EEOC’s Revised Retaliation Guidance

2017-01-13T17:29:47+00:00 September 7th, 2016|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Litigation, MCAD & EEOC, Thomas J. Gallitano|

Retaliation is now the most frequently alleged basis of discrimination. The number of retaliation claims has doubled since 1998. In fiscal year 2015, retaliation accounted for nearly 45% of the claims the Equal Employment Opportunity Commission received. Despite this, the Commission had not revised its guidance on retaliation since it was first issued in 1998.

Retaliation – The Basics

2017-01-06T17:01:32+00:00 September 1st, 2016|Categories: Alexis P. Theriault, Discrimination & Harassment, Human Resources Compliance, Litigation, MCAD & EEOC, Thomas J. Gallitano|

Retaliation “occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the EEO laws the Commission enforces.” See EEOC Enforcement Guidance on Retaliation and Related Issues. These laws include Title VII of the Civil Rights Act of 1964 (“Title VII), the

Recent SJC Decision Clarifies Plaintiff’s Evidentiary Burden On Summary Judgment In Employment Discrimination Cases

2017-01-13T17:39:45+00:00 March 29th, 2016|Categories: Discrimination & Harassment, Human Resources Compliance, Michael J. Rossi|

The Massachusetts Supreme Judicial Court (SJC) recently clarified the plaintiff’s evidentiary burden at the summary judgment stage of an employment discrimination case, in a decision which likely will make it easier for employees to get discrimination cases to a jury. In Bulwer v. Mt. Auburn Hospital, 46 N.E.3d 24 (Mass. 2016), the SJC held

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