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Running a 21st Century Railroad with 20th Century Job Skills: How to Accommodate Disabilities?

On March 7, 2011, Peter Joyce, Jr. (“Joyce”) filed a complaint with the Massachusetts Commission Against Discrimination (“MCAD”), claiming that Respondent CSX Transportation (“CSX”): (1) denied him a reasonable accommodation...more

Indefinite Leave As Reasonable Accommodation

A February 5, 2017 decision of a Massachusetts Commission Against Discrimination (MCAD) Hearing Officer tortures common sense by awarding damages against the employer for failure to accommodate a disability by extending FMLA...more

Labor and Employment Group News: Stop Talking to Yourself: Your Employee's Obligation to Engage in the “Interactive Process” When...

Legal counsel for companies have long emphasized the importance of engaging in the “interactive process” in dealing with an employee’s request for an accommodation for a disability. We also advise that the accommodation must...more

Café Manager Seeks Class Action for Overtime Pay

A Chicago-based Barnes & Noble Café Manager filed a collective action on September 20, 2016 in federal court, Southern District of New York, seeking overtime compensation for herself and similarly situated individuals who...more

MCAD Hearing Officer Awards $50,000 Plus 12% Interest For Gender Identity Harassment

A recent MCAD case illustrates the exposure companies doing business in Massachusetts face for: ..Strict liability for discriminatory and retaliatory acts committed by supervisors; ..Emotional distress damage awards...more

"Dispatched" Employee's Retaliation Claim Revived Where Low Level Co-Worker Provided "Doctored" Evidence

Plaintiff’s version of events - Andrea Vasquez, an emergency medical technician on an ambulance crew out on her midnight shift, received a text message from the Company dispatcher, Tyrell Gray, with the caption, "Wat u...more

The Road to Pay Equity in Massachusetts: Don't Ask - Don't Tell

Massachusetts was the first state to pass an equal pay act in 1945. On Monday, August 1, 2016, Massachusetts made history once again by enacting the first state law banning an employer’s inquiry into a job applicant’s salary...more

Labor and Employment News: Verdict Against High Profile Law Firm Highlights Risk of Double Damages in Wage Cases

On October 29, a Hartford jury awarded $262,930 in a wage dispute against the Haymond Law Firm, P.C. Of particular significance, the Judge permitted the jury to apply the new statutory standard for doubling...more

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