White Papers

Age Discrimination in the Context of a Layoff 
Revisiting the Massachusetts Supreme Judicial Court's opinion in Sullivan v. Liberty Mutual and the special considerations at play in reduction-in-force cases

Wrongful Termination Claims & The Duty to Mitigate
Analyzing an employee’s responsibility to mitigate economic damages and in what circumstances returning to school or self-employment may satisfy this duty

Getting The Employment Case to a Jury: Stray Remarks as Circumstantial Evidence
Discussing ways in which the stray remarks doctrine has been distorted and overused, including the direct nexus fallacy and improper attempts to compartmentalize the decisionmaker

Age Discrimination Claims & Code Words
Reviewing age discrimination cases where courts have acknowledged the use of code words to express age-based bias and have ruled that such statements may constitute circumstantial evidence of unlawful motive

Proving Employment Discrimination: Attacking The Employer’s Business Decision
Evaluating the second stage of the McDonnell Douglas v. Green burden-shifting framework and focusing on the employer’s burden of production