David C. Henderson, a member of the firm's Labor, Employment and Benefits practice group, published "Persistence, good faith efforts help counter discrimination claims" in the Boston Business Journal's "Viewpoint" section on March 20.
The article discusses the recent case of Equal Employment Opportunity Commission v. Kohl's Department Stores, Inc., and how Kohl's successfully defended itself against an unlawful discrimination claim by persisting in efforts to find a reasonable accommodation to an employee's disability, even after the employee abruptly resigned. As David explains, it was the overall reasonableness and good faith persistence of the Kohl's manager that caught the attention of the courts and resulted in the affirmation of a summary judgment in favor of the employer.
To view the article, click here.
Originally published March 20, 2015
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