Brian J. MacDonough quoted in Massachusetts Lawyers Weekly article regarding a denial of transfer case

October 2, 2018

Brian J. MacDonough, partner in the firm’s Employment Department, was quoted in the article, “SJC to decide if denial to transfer can be adverse action,” published by Massachusetts Lawyers Weekly on September 27, 2018.  The article discusses Yee v.  Massachusetts State Police.

From the article:

Boston employment attorney Brian J. MacDonough, who represents individual executives and other plaintiffs in such matters, also believes that the SJC may say that Yee’s case should have survived summary judgment.

In the 2016 cases Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & PopeoP.C., et al., and Bulwer v. Mount Auburn Hospital, et al., the SJC showed distaste for dispensing with discrimination cases too early in the proceedings, MacDonough noted. Yee could present yet another opportunity for the SJC to remind and re-educate lower courts that the parties’ respective burdens are at the summary judgment stage, he said.

The law is “absolutely clear” that the type of comparator evidence that Wilson deemed essential is merely “one of many tools” a plaintiff can use to meet his burden at the summary judgment stage, MacDonough added.