Summary Judgment

ADA Plaintiff Loses For Failing to Specify Needs In Interactive Process

A Plaintiff found out the hard way in a case decided on April 7 that even the Employee is held to a reasonable cooperation standard in the interactive process under the Americans with Disabilities Act (“ADA”) designed to put in place reasonable accommodations for the Employee’s disability. In Ortiz-Martinez v. Fresnius Health Partners et al, [...]

Norris, Murray & Peloquin, LLC2018-08-05T16:33:44-04:00April 22nd, 2017|Categories: Blog, Employment|Tags: American with Disabilities Act, Interactive Process, Return to Work, Summary Judgment|

SJC Ruling Clarifies Evidence Required To Establish Pretext

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 [...]

Norris, Murray & Peloquin, LLC2018-08-05T16:33:48-04:00March 12th, 2016|Categories: Blog, Employment|Tags: Discrimination, evaluation, Evidence, Summary Judgment, Supreme Court|