Category Archives: Discrimination

New CT Law Extends Anti-Harassment and Discrimination Protections to Interns

by Kimberly A. Klimczuk It is common knowledge that employees are entitled to a workplace free from unlawful harassment and discrimination.  It seems logical that interns would be entitled to the same protections; however, most anti-discrimination and anti-harassment laws refer … Continue reading

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Young v. UPS: What Do Massachusetts Employers Need to Know?

by Erica E. Flores In 2006, a part-time UPS delivery driver named Peggy Young became pregnant and was advised by her doctor not to lift more than 20 pounds during the first 20 weeks of her pregnancy and not to lift … Continue reading

Posted in Americans with Disabilities Act, Discrimination, Handicap Discrimination, Policies, Reasonable Accommodation, Supreme Court, Title VII | Leave a comment

New Risks Associated with Pre-Employment Medical Exams

by Erica E. Flores Chapter 151B prohibits Massachusetts employers from requiring applicants to submit to a medical examination except as a condition of a job offer, and then only to determine whether the applicant is capable of performing the essential … Continue reading

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OFCCP Issues Directive on Gender Identity and Sex Discrimination

by Kimberly A. Klimczuk Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive clarifying that the agency’s existing guidance on discrimination on the basis of sex under Executive Order 11246 includes discrimination on the bases of gender … Continue reading

Posted in Affirmative Action, Discrimination, Federal Contractors, Title VII | Leave a comment

Supervisor Mistakes Pave the Way for $3.7 Million Verdict

by John S. Gannon Caution: The following post may keep HR professionals awake at night.  Reader discretion is advised. The story (or better put, nightmare) begins with James Castelluccio, a former Vice President with IBM.  Castelluccio spent his entire professional … Continue reading

Posted in Age Discirmination, Arbitration, Discrimination | Leave a comment

EEOC Issues Enforcement Guidance on Pregnancy Discrimination Act

by Susan G. Fentin Employers’ obligations under the Pregnancy Discrimination Act have been in the news this month.  This week, the EEOC issued new Enforcement Guidance on the Pregnancy Discrimination Act (“PDA”).  This announcement from the EEOC follows hard on … Continue reading

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Social Media on the EEOC’s Radar

by John S. Gannon Social media has taken the world by storm.  A study last year revealed that 72% of adults in the U.S. use social networking sites.  This number grew astronomically from the 8% who said they used social … Continue reading

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Massachusetts Federal Court Allows Jury To Hear Evidence of Settlement Negotiations

by Erica E. Flores If you’ve never given a thought to whether your settlement discussions could end up before a jury, now is the time to begin doing so.  Recently, a federal court in Massachusetts allowed a jury to hear … Continue reading

Posted in Discrimination, Evidence, Settlement | 1 Comment

Federal Court in Massachusetts Offers Further Guidance on Claims of Associational Disability Discrimination

As we posted back in July, in Flagg v. Alimed, Inc., the Massachusetts Supreme Judicial Court ruled that the state’s anti-discrimination law, Massachusetts General Laws Chapter 151B, bars employers from discriminating against employees not only on the basis of their … Continue reading

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Non-sexual Incident Is Not an “Anchoring Event”

Claims for hostile work environment harassment generally are subject to a relatively short statute of limitations.  However, there is an exception to the statute of limitations, called the “continuing violation” doctrine, that allows a plaintiff to recover for related discriminatory … Continue reading

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