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Author Archives: David C. Henderson

Employers: time to take another look at pay equity law

On Aug. 1, the governor of Massachusetts signed into law Senate Bill 2119, entitled “An Act to Establish Pay Equity.” That enactment amended the state’s existing statute, focusing narrowly on wage discrimination and wage differences as they relate to gender. ...

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Rulings explain how employer adverse actions can seem pretextual

An employee claiming employment discrimination or retaliation under Massachusetts state law frequently can defeat the employer’s summary judgment motion merely by providing evidence, at a critical phase of analysis, from which a reasonable jury could conclude that the employer’s stated ...

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High court rejects EEOC’s pregnancy bias guidance

On March 25, the U.S. Supreme Court delivered a major rebuke to the Equal Employment Opportunity Commission by unanimously rejecting the EEOC’s most recent, and supposedly comprehensive, guidance on pregnancy discrimination enforcement. The rebuke was delivered in Young v. United ...

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State law on interns can be even tougher than federal rules

On July 7, the U.S. secretary of labor filed an amicus brief asking that a federal appeals court defer to the Department of Labor’s test for determining whether a trainee or intern is covered by federal minimum wage guarantees. The ...

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Pregnancy bias guidance not without controversy

On July 14, the Equal Employment Oppor-tunity Commission released its first comprehensive update on pregnancy discrimination enforcement guidance since 1983. The new publication, “Enforcement Guid-ance: Pregnancy Discrimination and Related Issues,” and the accompanying Q&A document and fact sheet address the ...

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