December 22, 2016

The Equal Employment Opportunity Commission (EEOC) -- the federal agency responsible for enforcing employment discrimination laws -- recently resolved a case in which a manager said the above to Cassandra Crawford, as the reason she was not promoted and instead her less-qualified male colleague was. 

According to the EEOC -- 

Cassandra Crawford worked in Dimension's patient financial services...

December 20, 2016

"The federal employment discrimination laws depend on the willingness of employees and applicants to challenge discrimination without fear of punishment. Individuals rely on the statutory prohibitions against retaliation, also known as "reprisal," when they complain to an employer about an alleged equal employment opportunity (EEO) violation, provide information as a witness in a company or agency inv...

December 5, 2016

As part of a series of how we as a country have decided to treat employees with serious medical issues, I include below the Congressional findings and purposes behind the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA).

I like explaining the purposes of laws to clients. I find they always agree, and they also appreciate that their lawmakers "get it." 

I also l...

November 30, 2016

I've been an employment lawyer for more than ten years. Before that, when I applied to the Massachusetts bar at age 30 and had to list every single job I previously held, it topped twenty.

In my first attorney job as a legal aid lawyer, with substantial loans and low pay, I waited tables nights and weekends. From working in retail and restaurants to different office and lawyer jobs, I have been around...

November 16, 2016

First, it is not uncommon for individuals to develop or sustain a mental health disability over the course of their career. The National Institute of Mental Health (NIMH) notes that "mental illnesses are common in the United States" and that as of 2014, 18.1% of the adult population suffered from a mental illness.

It could be depression, generalized anxiety disorder, or post-traumatic stress disorder,...

September 28, 2016

Established in 1946, the Massachusetts Commission Against Discrimination (MCAD) is tasked with investigating, 

prosecuting, adjudicating 

and resolving cases of discrimination in employment, housing and public accommodations. If you are an individual seeking help from the state about discrimination in the workplace, then the MCAD is the place to turn. 

Below, I will first explain...

September 15, 2016

I do not go into detail about my client's cases here for obvious reasons. But a recent NPR story about retaliation and bullying in the workplace provides 

examples of the very types of workplace situations I help with on a regular basis.  

[T]here are those, like Lorraine Segal, whose cases never result in a [legal] filing. Segal gave up her tenured professorship at a community college teachin...

September 13, 2016

A new case out of the Second Circuit (the federal Appeals Court in the New York-Connecticut region), Vasquez v. Empress Ambulance Serv., Inc., provides an example of a modern-day sexual harassment case as well as the further development of a doctrine called -- somewhat interestingly, for lawyers -- "the cat's paw."

The Court summarizes the facts of what happened to Ms. Andrea Vasquez (some additio...

September 12, 2016

I remember two of my first few clients from way back when. They both were wronged in different ways and felt pretty bad about what happened. Still, when they spoke with me, during almost every conversation they mentioned that they were doing this -- hiring a lawyer -- because they didn't want the same things to happen to someone else. 

This article about Airbnb's new policy reminded me of them. Th...

September 9, 2016

Evil HR Lady, a Human Resources professional who has been trying to -- in her words "demystify your Human Resources Department" by way of her blog -- has posted a funny yet useful update on hiring a lawyer to deal with workplace issues. 

She writes

I get a lot of questions where the answer is, “you need to speak with an attorney.” Attorneys are expensive, and while some work on con...

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