On October 27, 2016, Bennett & Belfort, P.C. attorney Andrew McIlvaine served as an invited panel speaker at the Massachusetts Employment Lawyer Association. He spoke on developments in the law on transgender discrimination in connection with his recent victory on behalf of a transgender client in a case tried before the Massachusetts Commission Against Discrimination (“MCAD”).
Attorney McIlvaine discussed the precedential impact of the Tinker v. Securitas Security Services USA case and he shared practice tips on effectively representing claimants in a Public Hearing at the MCAD. The Tinker case involved a managerial supervisor’s ridicule of a transgendered subordinate and his refusal to respect an employee’s request for gender appropriate pronouns. Mr. McIlvaine emphasized that Tinker is an important result because it stands for the proposition that such misconduct can indeed rise to the level of actionable employment discrimination. The emotional distress damages award in the Tinker case, $50,000, is one of the larger “garden variety” emotional distress damages awarded in a case tried at the MCAD. The MCAD also assessed statutory interest and awarded Mr. Tinker reimbursement of virtually all of his attorneys’ fees.
Should you have any questions on the forefront of or any other employment or civil rights matters, please feel free to contact Bennett & Belfort P.C.