First Circuit Rejects Argument that Discrete Incidents of Harassment Were Part of a “Continuing Violation” Discrimination on the basis of disability in the workplace is illegal under both Federal and State law in Massachusetts. Employers are required to make...
ADA
In disability discrimination lawsuit, former employee held bound by inconsistent statement made in Social Security Disability benefits application
Under the principle of judicial estoppel, a party to a lawsuit is precluded from asserting a claim that is inconsistent with a prior statement or position. In Thompson v. Gold Medal Bakery, Inc., the First Circuit recently applied this principle in the context of a...
School district fails to establish that full-time work is an essential function of a teacher’s position in summary judgment proceeding
Last month in Incutto v. Newton Public Schools, et al., the United States District Court - District of Massachusetts denied a Newton Public Schools' motion for summary judgment regarding a former kindergarten teacher's claim for disability discrimination, despite the...
When Must An Employer Make A Reasonable Accommodation For An Employee’s Disability?
Most employers know that they have a duty to make a reasonable accommodation for an employee's disability or job restriction, but what that actually means in practice can be confusing. Statutes that require such accommodation are the Americans with Disabilities Act...
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