Foley Hoag’s Labor and Employment practice group serves clients in the industrial, medical, retail, technological, financial, academic and governmental communities in New England and nationwide. With more than 25 lawyers on our team, our long-standing strength in representing employers in labor relations and employment-litigation defense matters is complemented by our experience in dealing with the emerging issues confronting employers in the 21st century.
| September 8, 2010 |
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Babson College
Babson Park, MA |
Client Successes more
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Transgender Discrimination
Millett v. Lutco, Massachusetts Commission Against Discrimination Docket # 98-BEM-3695 (June 27, 2008 Decision of Hearing Officer Betty E. Waxman)
In the first ever case of transgender discrimination and harassment before the Massachusetts Commission Against Discrimination (the "MCAD"), we obtained a dismissal of all claims against our client Lutco. The dismissed claims were brought by a former employee, Charlegne Millett, who underwent a transition from male to female during her employment as a Quality Engineer at Lutco. Millett claimed that she was demoted and later terminated because she is transgendered; that she was subjected to gender-based harassment by coworkers and a supervisor; and that Lutco retaliated against her because she complained about harassment and discrimination. After hearing from nine witnesses over the course of a seven day public hearing, Hearing Officer Waxman found that all of Millett's claims against Lutco were meritless and made affirmative findings that Lutco treated Millett with respect and support before, during and after her on-the-job transition from male to female. In particular, Hearing Officer Waxman found that the evidence demonstrated a supportive, not hostile, working environment at Lutco; that Millett's demotion and her termination two years after she disclosed her transgender status were motivated by Millett's desire to leave Lutco for a career as a nurse; and that there was no evidence Millett was retaliated against for raising allegations of discrimination and harassment.
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