David Rubin, a partner in the Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, was quoted in “Ever-increasing court awards should raise the alarm” in the Boston Business Journal on June 1. The article discusses recent court decisions which have raised the stakes in employment cases, in particular, the $1.6 million verdict against Brigham and Women’s Hospital.
The July 2009 ruling against Brigham and Women’s Hospital and a male physician in favor of a female neurosurgeon who claimed gender discrimination and retaliation under federal and Massachusetts law, was affirmed by the First Circuit Court of Appeals in a ruling last August. The decisions are important as they expand what can be considered by the courts when deciding whether employers retaliated against employees who complain and for the sizeable amounts awarded to plaintiffs. “This is its own case, it involves just these parties and its’ specific to these facts and these parties, but they’re illustrative for almost any employer,” David said. “When those circumstances wind up together – a highly paid, sympathetic employee making allegations against senior management – they make for significant exposure.”