Cases in Point - 2009 Disability and Discrimination Lawsuits Provide Powerful Lessons

February 1, 2010


The close of 2009 has brought about several developments in employment law that have had an impact on claims involving disability and sex discrimination under Massachusetts law and federal law. While the facts outlined below may be similar to something experienced in your own business, it is critically important that your review the facts of any particular employment decisions with employment counsel to assure a proper analysis.

Employers in Massachusetts must comply with both state and federal law. The federal courts are empowered to handle claims under federal Law and Massachusetts Law when the claims are brought together. Typically, the laws are very similar so this case law can be helpful in guiding employers.

In Sensing vs. Outback Stake House of Florida, the First Circuit Court of Appeals examined the issue of constructive discharge. In this case, the court found that the plaintiff had established facts demonstrating that she was constructively discharged when her employer modified her work schedule, making it impossible for her to comply despite her disability.

In addition, regardless of the schedule modification, the court found that the employer engaged in discriminatory action when it removed the employee from her work schedule after...

You may read more at the link below.

by: Kevin V. Maltby

February 1, 2010

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