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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Harassment

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Internal Investigations Can Lead to a Waiver of the Attorney-Client Privilege

Posted in Attorney-Client Privilege, Harassment, Pre-Litigation Considerations

As I have discussed in other blog posts, communications with in-house counsel that are not for the purpose of obtaining legal advice are not privileged. But what happens when outside counsel is hired to investigate a claim of harassment in the workplace and a second outside counsel is hired to provide legal advice?  Anyone who thinks… Continue Reading

Holiday Tips for Employers

Posted in Disability, Medical Leave & Reasonable Accommodations, Discrimination, Harassment, Supervisor Training, Wage & Hour, Worker Classifications

Because ’tis the season to give, The In-House Advisor would like to give in-house counsel the following reminders so as to limit their companies’ holiday exposure: Tip 1:  Religious discrimination and accommodations As we all know, while the “holiday” season in December often refers to Christmas, there are many other religious holidays celebrated by workers,… Continue Reading

Prevent Employer Liability By Properly Investigating Sexual Harassment Claims

Posted in Compliance, Policies & Notices, Discrimination, Harassment, Supervisor Training

A recent decision by a full panel of the Massachusetts Commission Against Discrimination (MCAD) emphasizes the need for supervisors to understand their duty to act to ensure that unlawful harassment allegations are addressed and that any such conduct ceases. Since 1998, two cases decided by the U.S. Supreme Court, Faragher v. City of Boca Raton… Continue Reading

How to Deal With the New Massachusetts Transgender Law

Posted in Compliance, Policies & Notices, Discipline & Performance Management, Discrimination, Harassment, Hiring, Supervisor Training

With the new year, Massachusetts employers must add “gender identity” to the list of classes entitled to protection from employment discrimination and retaliation.   What was touted as the “transgender rights” law in Massachusetts is, in fact, a “gender identity” law.  The Massachusetts transgender rights law defines “gender identity” as: [A] person’s gender-related identity, appearance or… Continue Reading