Category Archives: Employment Discrimination

EEOC Releases 2017 Enforcement & Litigation Statistics

The Equal Employment Opportunity Commission (“EEOC”) – the federal agency tasked with enforcing certain federal employment laws – recently released its fiscal year 2017 Enforcement and Litigation Statistics. In fiscal year 2017, the EEOC resolved 99,109 charges of discrimination.  In … Continue reading

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Sexual Harassment Settlements as Tax Policy: Non-Deductibility of Payments and Legal Expenses

The Tax Cuts and Job Act passed by Congress on December 22, 2017, includes a surprising provision that may have a significant impact on settlements of sexual harassment and other claims. Under Section 13307 of that Act, the Internal Revenue … Continue reading

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Employees May Now File Discrimination Complaints Online with the EEOC

On November 1st, the Equal Employment Opportunity Commission (“EEOC”) launched an online system that allows employees nationwide to inquire about potential discrimination and electronically sign and file discrimination charges against their employers.  Following initial filing, the online system will permit … Continue reading

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Massachusetts Enacts Pregnant Workers Fairness Act

On July 27, 2017, Governor Charlie Baker signed the Massachusetts Pregnant Workers Fairness Act (“PWFA”).  Historically, courts have struggled with the issue of whether pregnancy is a “disability” that must be accommodated under the Americans with Disabilities Act (the “ADA”) … Continue reading

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Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing, LLC, et al. that an employee who used medical marijuana to treat a debilitating … Continue reading

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EEOC Publishes Proposed Guidance on Unlawful Employee Harassment

The Equal Employment Opportunity Commission (“EEOC”) recently published proposed enforcement guidance regarding unlawful harassment in the workplace.  The proposed guidance, if adopted, would substantially update the EEOC’s current guidance, which only addresses sexual harassment (and which went into effect in … Continue reading

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The Moral of the Story: Playing Doctor is not a Human Resources’ Function

When an employee presents with an illness or injury and seeks leave or an accommodation, there is an unfortunate temptation for the manager or human resources professional to assume the guise of a medical practitioner and diagnose the legitimacy of … Continue reading

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