David I. Brody quoted in Massachusetts Lawyers Weekly on Superior Court decision concerning discrimination in the workplace

June 23, 2022

David I. Brody, partner in the firm’s Employment Department and President-Elect of the Massachusetts Employment Lawyers Association, was quoted in a June 17th Massachusetts Lawyers Weekly article, “‘Right-wing’ speech helps workplace claims survive dismissal.” The article discusses the Middlesex Superior Court’s decision in Brzuchalski v. Digital Guard, LLC, et al., where the plaintiff, a Jewish man, alleged a group of conservative co-workers discriminated against him and another Jewish employee, and that the company failed to adequately address the unlawful conduct.

Read the full article from Massachusetts Lawyers Weekly (subscriber content).

From the article:

For Boston employment attorney David I. Brody, Brzuchalski shows that courts will not “disaggregate” conduct that may not be unlawful on its own when assessing hostile work environment and disparate treatment claims.

The company’s big mistake, according to Brody, was in not acting sooner.

“Unfortunately, HR mishandled this very early on, and it became harder and harder for the company to address the problem,” he said.