Massachusetts Employment Law: Take Care With Interview Questions

Job interview questions are an often overlooked area of discrimination law but one that can pack a real punch to the jaws of Massachusetts employers who get careless. Many don’t realize that screening out job candidates via seemingly innocent questions that may touch upon age, gender or religion is just as illegal as firing an employee because he’s handicapped. Both federal and state anti-discrimination agencies have produced detailed descriptions of what a job interviewer can say to a candidate and what he can’t. The wrong question can result in a lawsuit almost as easily as other acts of discrimination can.

In some cases, the damages can be quite high. In one, a car dealer was ordered to pay $100,000 to an applicant after it solicited his age on an application just by asking about his military service. The prospective employee never got an interview but sued because, he said, his 1959 [Read more...]

Recovery Act Requires Massachusetts Employers To Pay Cobra Costs

Most people probably wouldn’t associate a $700 billion-plus economic recovery bill with the plight of former employees who need to make hefty health insurance payments. Then again, most people don’t think like members of the U.S. Congress. Among the many lesser publicized aspects of the latest mega-bill, passed in February 2009, is a requirement that employers who fire employees between September 1, 2008 and December 31, 2009 pay 65% of their former workers’ health care costs under COBRA for a period of up to nine months.

The benefits payments don’t kick in until February 17, 2009, but workers let go before that date can still enjoy coverage. Under the new law, employers must make the payments first and recoup them through tax credits at year end. COBRA is the federal law that provides for continued health care coverage to employees who lose their jobs, regardless of the reason for separation. Under the 2009 bill, the 65% benefit also applies [Read more...]