Messing, Rudavsky & Weliky and MELA File Amicus Brief Supporting Kamee Verdrager
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In the current case of Kamee Verdrager v. Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C. et. al., the Massachusetts Supreme Judicial Court has focused on some issues of key importance to employee advocates: whether an employee can access employer documents that help support her discrimination claims if the documents are neither confidential nor privileged, and whether it is illegal under discrimination laws for the employer to discharge the employee for doing so. Founding Messing, Rudavsky & Weliky partner Ellen Messing wrote a brief to the Court arguing that the Massachusetts anti-discrimination laws prohibit employers from punishing employees for accessing such documents. The brief argues further that lawsuits opposing systematic discrimination in the workplace demand a search for truth, which is facilitated by ensuring that all relevant information is available unless it is genuinely private or its disclosure would injure third parties. The brief was submitted on behalf of the Massachusetts Employment Lawyers Association, a statewide organization of lawyers who represent employees. A number of MELA members contributed to the brief, coordinated by MRW associate Gavi Bogin-Farber in a collaborative effort. The Court has not yet decided the Verdrager case.