By Gerald L. Maatman, Jr. and Anthony S. Califano

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant.  Plaintiffs alleged that the exam had a disparate impact on racial minorities and was invalid under Title VII of
Continue Reading Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

By  Gerald L. Maatman, Jr. and Jennifer A. Riley

On May 7, 2014, the First Circuit issued its decision in Jones, et al. v. City of Boston, et al., No. 12-2280 (1st Cir. May 7, 2014), and vacated an order granting summary judgment in favor of the City and, instead, entered partial summary judgment in favor of Plaintiffs.

Continue Reading First Circuit Creates Potential Circuit Split By Rejecting “Practical Significance” Requirement And Finding That Hair-Based Drug Test Has Disparate Impact

1st_Circuit_seal.pngBy Lynn Kappelman and Anthony Califano

In Awuah, et al. v. Coverall North America, Inc., No. 12-1301 (1st Cir. Dec. 27, 2012), the First Circuit reversed a district court’s ruling and ordered arbitration of workplace disputes for certain franchisees even though they had not signed, received, or reviewed an arbitration agreement. The First Circuit found that the district court had

Continue Reading First Circuit Rejects Heightened Notice Requirements And Enforces Workplace Arbitration Clause

useal-2b.jpgBy Anthony Califano and Lynn Kappelman

On September 28, 2012, in Jones, et al. v. City of Boston, et al., No-05-11832, 2012 U.S. Dist. LEXIS 141440 (D. Mass. Sept. 28, 2012), Judge George A. O’Toole of the U.S. District Court for the District of Massachusetts granted the City of Boston’s summary judgment motion against Plaintiffs, a group of police

Continue Reading Massachusetts Federal Court Finds Statistical Evidence Insufficient To Support Disparate Impact Race Discrimination Claim