In a highly-anticipated decision issued yesterday, the Massachusetts Supreme Judicial Court reversed a lower court’s dismissal of a suit filed by a woman who was fired because of her off-duty use of medical marijuana.  The SJC held that the woman’s claims for disability discrimination under the Massachusetts antidiscrimination statute, G.L. ch. 151B, could go forward.

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As an attorney who counsels employers through difficult personnel issues, I am often asked, sometimes even in general conversation, what issues are the “hottest” and most frequent I see in my practice. For the past several years, the task of integrating and returning disabled employees to the workplace is at the top of the list;

Employers have a new resource document to use when determining when and how to grant employees leave as a reasonable accommodation under the Americans with Disabilities Act.  The document, published by the EEOC, is entitled Employer-Provided Leave and the Americans with Disabilities Act.

The ADAstock-photo-disability-medical-message-background-health-care-poster-design-121187878 applies to employers with 15 or more employees.  It requires

The New Hampshire Commission for Human Rights has released data on discrimination charges filed by employees in 2013.  Last year, the Commission received 222 discrimination charges against employers.  This number was slightly down from the year before at 257.  Retaliation across all categories topped the list at 93 claims.  Following closly behind with 89

The question of whether obesity meets the definition of a “disability” under the Americans with Disabilities Act (“ADA”) has received significant play over the past few years.  The issue first emerged in 2011 when the EEOC filed suit on behalf of the estate of a very obese woman who was terminated from her employment with

The Massachusetts Supreme Judicial Court (SJC) has held an employer is prohibited from discriminating against its non-disabled employee based on that employee’s association with an immediate family member with a disability or handicap under Chapter 151B, the state’s antidiscrimination law.  This decision expands the scope of employer liability.

In Flagg v. Alimed, Inc (July 19,

Systemic discrimination involves a pattern or practice, policy, or class case where the alleged  discrimination has a broad impact on an industry, profession, company or geographic area.   The Equal Employment Opportunity Commission (“ EEOC”)  usually files 200-300 lawsuits per year, and it is expected that these numbers will hold steady or increase into the future. 

The Equal Employment Opportunity Commission recently reported retaliation under all statutes as the most frequently filed discrimination charge in fiscal year 2012.  Race and sex discrimination were the next most frequent charges. The statistics reflect charges of employment discrimination filed for statutes enforced by the EEOC.

The EEOC received almost 100,000 charges of discrimination in