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David I. Brody quoted in a Massachusetts Lawyers Weekly article about defending framework in discrimination cases

David I. Brody, partner in the firm’s Employment Department, was quoted in a Massachusetts Lawyers Weekly article published on June 13. The article, “Bar defends framework as SCOTUS eases path for reverse bias claims,” gathers local employment attorneys’ opinions on the U.S. Supreme Court’s unanimous decision that the 6th U.S. Circuit Court of Appeals had made it too challenging for a heterosexual woman’s discrimination claim to pass summary judgment.

From the article:

Brody said that his concern is that the McDonnell Douglas framework will be replaced by judges making their best-informed decision about what is and is not discrimination.

“I struggle to see how that’s a better approach to resolving these claims at summary judgment,” he said.

In Brody’s view, burden shifting helps illuminate the issues.

“There’s no reason to take a tool out of the toolbox, unless what you’re trying to do is make proving discrimination harder,” he said.

Click here to read the full article in Massachusetts Lawyers Weekly (subscriber-only content).