Category Archives: Handicap Discrimination

Legal Marijuana Just Days Away—Are you Modifying Your Drug Testing or Substance Abuse Policies?

by John S. Gannon Recreational marijuana will become legal in Massachusetts this Thursday, December 15. Last month, Skoler Abbott attorney Erica Flores provided a detailed summary of the new law after it was approved by voters in the Commonwealth. Realistically, … Continue reading

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New Mexico Federal Court Says Employers Have No Duty to Accommodate Medical Marijuana

by Erica E. Flores It has been more than three years since Massachusetts’ medical marijuana law went into effect, but as dispensaries continue to open across the state (there are now six), the practical implications of the law for the … Continue reading

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CHRO 2014-2015 Statistics Reveal Some Concerning Trends

by Amelia J. Holstrom The Connecticut Commission on Human Rights and Opportunities (CHRO) recently released its case statistics for the 2014-2015 fiscal year, which ended on June 30, 2015.  The statistics reveal some concerning trends that Connecticut employers should be … 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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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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SJC Rules Massachusetts Law Protects Associational Discrimination

The Massachusetts Supreme Judicial Court has ruled that the state anti-discrimination law, Mass. Gen. L. Ch. 151B, bars employers from discriminating against employees based not only on their own handicap/disability, but also based on the handicap of a person with … Continue reading

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MCAD Requires Employer to Ask Displaced, Disabled Employee Whether He Can Do Job Before Reassigning Him

Warning to Massachusetts employers:  If you’re considering giving a disabled employee a new position when his position is eliminated, before doing so, you must initiate an interactive dialogue before assigning him to the position, says the Massachusetts Commission Against Discrimination … Continue reading

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