Monthly Archives: March 2011

Massachusetts Supreme Judicial Court Rules Arbitration Provision Does Not Stop MCAD

In Joule, Inc. v. Simmons, our highest court, the Massachusetts Supreme Judicial Court (“SJC”), declared that a provision in a contract for employment requiring arbitration of discrimination claims does not prevent the Massachusetts Commission Against Discrimination (“MCAD”) from separately launching … Continue reading

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United States Supreme Court Upholds “Cat’s Paw” Theory of Liability in Discrimination Cases

On March 1, 2011, the United States Supreme Court, in a unanimous decision, upheld the “cat’s paw” theory for proving discrimination in employment. Under the “cat’s paw” theory of liability, a plaintiff can prove discrimination even when the ultimate decision-maker … Continue reading

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