Massachusetts employers can not refuse to accommodate handicapped employees who are lawfully prescribed medical marijuana to treat or alleviate a medical condition. Stated differently, continued use of medical marijuana as a reasonable accommodation request is not facially unreasonable. In Barbuto v. Advantage Sales, the Massachusetts Supreme Judicial Court (SJC) reversed…
Sexual harassment claims often involve salacious allegations that can form the basis of a punitive damages award, the purpose of which is not to compensate the victim but to punish the wrongdoer and thus deter similar misconduct in the future. Fox’s payment to Gretchen Carlson of reportedly $20 million to…
Pregnancy discrimination cases are rarely built on direct or “smoking gun” evidence. Instead, employment discrimination cases typically hinge on circumstantial evidence. The Supreme Judicial Court’s (“SJC”) ruling in Verdrager v. Mintz Levin, in which it reversed summary judgment thus allowing the case to proceed to trial, is a prime example…
Retaliation against employees who exercise their right to medical leave is prohibited under Massachusetts and federal law. As with any employment discrimination suit, plaintiffs who bring retaliation claims must overcome various hurdles before having a jury hear and decide their case. Under Rule 12(b)(6) of the Massachusetts Rules of Civil…
Employment discrimination claims under Massachusetts law, pursuant to the Fair Employment Practices Act, have a better chance of making it to trial thanks to the clarification issued in Bulwer v. Mt Auburn. There, the Massachusetts Supreme Judicial Court evaluated the summary judgment standard under Rule 56 and reiterated, as it first made clear…