This week’s advisor addresses the recent U.S. Supreme Court decision regarding Title VII of the Civil Rights Act and the right of gay and transgender people to be free from discrimination in the workplace, as well as the EEOC’s prohibition of antibody testing for employees returning to work and COVID-19 waivers and releases in the [...]
New guidance from EEOC regarding COVID-19 and the laws EEOC enforces.
In Incutto v. Newton Public Schools, 2019 WL 1490132 (2019), a full-time elementary school teacher (Incutto) sued the Newton Public Schools (Newton) under the Americans with Disabilities Act for failing to accommodate her fibromyalgia by denying her requests to work on a part-time basis. Newton moved for summary judgment on the basis that the ability [...]
SJC determines that where there is a material difference between two positions in terms of opportunity to earn compensation, or in the terms, conditions or privileges of employment, an employer’s failure to grant a lateral transfer may constitute an adverse employment action under M.G.L. c. 151B.
The Massachusetts Pregnant Workers Fairness Act (“PWFA”) took effect April 1 and it required Employers to notify employees in writing of their rights by April 1. New hires must be notified as well. A separate notice is also required within 10 days of an employee’s notice to the Employer of pregnancy. The notice can be [...]
Starting April, 2018, the Massachusetts Pregnant Workers Fairness Act (“PWFA”) will prohibit discrimination based on pregnancy, and medical related conditions, including “lactation or the need to express breast milk for a nursing child.” The Act prohibits an employer from taking any adverse action against a pregnant employee, including denying employment or dismissing an employee who [...]
In Barbuto v. Advantage Sales and Marketing, the Supreme Judicial Court (SJC) ruled that an employee terminated for using medical marijuana may have a viable claim of handicap discrimination under G. L. c. 151B. The Court refused to recognize an implied private right of action under the medical marijuana statute. Barbuto accepted a position with [...]
On February 5, 2017, a Massachusetts Commission Against Discrimination (MCAD) hearing officer held that an employer’s obligation to provide a reasonable accommodation may exceed the leave time guaranteed by the Family and Medical Leave Act (FMLA). MCAD v. Country Bank For Savings , 10-SEM-02769 (J. Kaplan). The Complainant, Amanda LaPete, charged her former employer with [...]
On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”) issued an important decision articulating the type of evidence required for a plaintiff to survive summary judgment in an employment discrimination case. Bulwer v. Mount Auburn Hospital, 2015 WL 10376073 (2016). For years, courts have grappled with this issue in discrimination cases where there is rarely [...]
There are administrative and legislative developments likely to change the landscape of gender pay discrimination claims in Massachusetts. Under the state’s Equal Pay Act (passed in 1945) and existing case law, a successful plaintiff must demonstrate the following: (1) the duties of the two jobs being compared have key common characteristics; and (2) the jobs [...]