On June 1, 2015, the U.S. Supreme Court decided EEOC v. Abercrombie & Fitch Stores, Inc., and held, 8-1, that Title VII prohibits employers from refusing to hire an applicant in order to avoid accommodating a religious practice that could be accommodated without undue hardship. The case was brought by Ms. Samantha Elauf, a Muslim [...]
On March 25, 2015, the U.S. Supreme Court issued a 6-3 decision in Young v. United Parcel Service, Inc., which recognizes that employers who fail to accommodate employees with pregnancy-related job restrictions may be held liable for pregnancy discrimination if they accommodate non-pregnant employees with similar restrictions. NMP first reported this case in August, 2014 when [...]
On January 7, 2015, in one of his last acts as governor, Deval Patrick signed into law “An Act Relative to Parental Leave”, which expands the Massachusetts Maternity Leave Act (“MMLA”) (M.G.L. c. 149, §105D) and makes it gender neutral. The MMLA requires employers with six or more employees to provide full-time female employees of [...]
Employers are risking more than the employee being placed at the top of the next list when they rely on a faulty psychological evaluation to bypass an applicant for police officer. A Superior Court decision issued in August in Boston Police Department v. Kavaleski et al. ruled that the City of Boston was liable for [...]
On July 14, 2014, the Equal Employment Opportunity Commission (EEOC) issued updated guidance addressing employer obligations under the Pregnancy Discrimination Act (PDA) and providing clarification on how Title VII and the Americans with Disabilities Act (ADA) interact to protect pregnant employees. The new guidance has created controversy both because it addresses an employer’s obligation to [...]
Massachusetts SJC expands scope of employer liability under c. 151B.