Discrimination

New Domestic Violence Law Provides 15 Days of Leave to Covered Employees

Employees of large companies who experience domestic violence, either directly or through family members, now enjoy greater legal protection as the recently enacted domestic violence protection law enters its first … more


Searches for Reasonable Accommodations Require Good Faith from Employer and Employee Alike

When it comes to reasonably accommodating employees with disabilities, the process of determining what can be done is a two-way street, at least at the federal level. So says a … more


Whistle Blowers and Massachusetts Law

When an employee decides it’s time to blow the whistle on employer misconduct or that of a fellow worker, employees are well advised to do a bit of homework first. … more


Employers Need Not Pay Legal Fees to Discrimination Employees who Don’t Win Damages

Employers facing discrimination lawsuits got a bit of help from the Massachusetts Court of Appeals recently when it held that employees cannot force them to repay their legal fees unless … more


Court Adds New Reason for Pause when Implementing Drug Testing Policies

Employee drug testing has always presented challenges for Massachusetts employers. Its invasive nature implicates worker privacy rights and, our courts say, limits when tests can be required, to whom, and … more


New Approach Aims at Helping the Disabled enter the Workforce

In what appears to represent a push to change the way states deal with disabled people from a young age through adulthood, the U.S. Department of Labor has pushed the … more


Court Enforces Arbitration Clause in Employment Manual

Forcing arbitration of employment disputes is getting easier, at least under one federal judge’s reading of Massachusetts law. Ignoring an employer’s express statements that its employment manual was “not a … more


Avoiding Handicap Law Violations Requires Caution in a Variety of Circumstances

All employers know, or certainly should know by now, that they have a duty to reasonably accommodate workers with disabilities. Still, cases in this area of law abound at the MCAD, … more


Limits Quickly Placed on Associational Discrimination Lawsuits

Not so fast, says the Massachusetts Court of Appeals. On the heels of the state’s highest court’s ruling that employees can sue their employers for discrimination against them based on … more


SJC Confirms that Discrimination based on Association with Another is Illegal in Massachusetts

It’s now officially the law of the Commonwealth, even if last week’s decision by the Supreme Judicial Court (SJC) was predictable in confirming what the Massachusetts Commission Against Discrimination (MCAD) … more