Kurker Law

On May 12, 2011, the Massachusetts Supreme Judicial Court (“SJC”) upheld a trial court ruling that an employer who filed a baseless lawsuit against a former employee, two years after that employee had filed a discrimination charge against the employer with the MCAD, violated the anti-retaliation provisions of Massachusetts General Law chapter 151B, §§4(4) and (4A).

From Memorial Day barbeques, Fourth of July fireworks, Labor Day soirees and many pub-crawls and Friday afternoon happy hours in between, the summer season offers employees and employers the opportunity to bond outside of the workplace. While these events can serve to strengthen employment relationships and build morale, they also can be a hotbed for employer liability.

On June 16, 2011, the Massachusetts Supreme Judicial Court (“SJC”) considered whether the plaintiff, a former employee of Verizon, was entitled to unemployment benefits even though she accepted an incentive-based voluntary termination package. Affirming a decision by the district court, the SJC ruled that the former employee, Kristen Connolly, was not entitled to unemployment benefits because she could not show that her decision to leave her job was involuntary.

On November 23, 2011, Governor Patrick signed a bill that protects transgendered individuals from discrimination in employment. “An Act Relative To Gender Identity,” makes Massachusetts the 16th state to extend protected class status to its 33,000 residents who identify as transgender. The law will become effective on July 1, 2012. The passage of this bill follows Governor Patrick’s February 2011 executive order prohibiting discrimination against transgender people in state employment.

On November 23, 2011, Governor Patrick signed a bill that protects transgendered individuals from discrimination in employment. “An Act Relative To Gender Identity,” makes Massachusetts the 16th state to extend protected class status to its 33,000 residents who identify as transgender. The law will become effective on July 1, 2012. The passage of this bill follows Governor Patrick’s February 2011 executive order prohibiting discrimination against transgender people in state employment.

On Friday, May 4, 2012, the second round of the Criminal Offender Record Information (“CORI”) provisions become effective. The initial CORI requirements went into effect in August and November 2010. Click here to read a prior alert regarding the 2010 CORI requirements.

On July 17, 2012, the First Circuit provided employers with useful guidance regarding the enforceability of an arbitration provision contained in an application for employment. The court warned employers to “choose their words wisely,” or forego the right to compel arbitration. The panel of judges ruled the arbitration clause contained in an employment application was ambiguous, and therefore, would be construed against the employer that had drafted it.