Category Archives: Discrimination

The $80,000 Secret – The Importance of Confidentiality Clauses

When a 69 year old former school headmaster’s contract wasn’t renewed he filed a claim for age discrimination. The school, Gulliver Preparatory School, decided to settle this lawsuit and in the settlement included a confidentiality agreement. While there are several … Continue reading

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GINA’s First Victim

This past month the Equal Opportunity Employment Commission (EEOC) saw its first systematic outcome in a case alleging violations of the Genetic Information Nondisclosure Act (GINA). A former New York nursing and rehabilitation center will pay $370,000 to settle a … Continue reading

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IS OBESITY A DISABILITY UNDER THE ADA?

Recently an employee filed suit in Federal Court against her former employer for being fired because she was obese and, she claimed, her employer perceived this as a disability. In order for an employer to violate the Americans with Disabilities … Continue reading

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Reasonable Accommodations Under the Americans with Disabilities Act

Accommodating a disabled employee under the Americans with Disabilities Act (ADA) may seem to be a daunting task. While you want to enable an employee to perform their job, you also want to avoid excessive spending or inconvenience for the … Continue reading

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Fight the Flu: Implementing Mandatory Flu Vaccines

Some businesses host “Flu Vaccination Clinics,” but can you make getting a flu vaccine mandatory?  Some employers can require that their employees get a flu vaccination as long as they have an objective business reason to require the vaccine. If … Continue reading

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Bullying in the Workplace: What it Means for Employers

From the playground to the workplace, not everyone gets along. A growing number of states, including Massachusetts and Connecticut, have proposed workplace bullying legislation.  Problematically, this legislation could expose employers to frivolous lawsuits because any disgruntled employee would have the … Continue reading

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SJC Broadens Scope of Anti-Discrimination Law

Massachusetts anti-discrimination law prohibits an employer from discriminating against an employee because of his or her handicap (i.e. disability).  Last week, in Flagg v. Alimed, Inc., the Massachusetts Supreme Judicial Court (SJC) ruled that Massachusetts law also prohibits employers from … Continue reading

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Who’s the Boss?

You employ Jack and Jill.  Jill files a lawsuit alleging that Jack was harassing her and you did nothing to stop it.  Can you be held liable for Jack’s conduct? Under Title VII, it depends on whether Jack was Jill’s … Continue reading

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EEOC Issues Updated Guidance Regarding Specific Disabilities

“Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability . . . .  Many of them are looking for jobs or are already in the workplace.”                                   EEOC Chair … Continue reading

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Timing is Everything!

Timing of a disciplinary or adverse action against an employee is important in avoiding litigation.  If an adverse employment action is on the heels of an employee’s engagement in a protected activity (such as filing a claim with the MCAD), … Continue reading

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