Female Marketing Director Doubles Severance After Termination Following Hysterectomy and Mastectomy

We represented an employee (“Client”) against a Boston-based marketing agency (“Company”).

Client, a woman with two decades of experience and recognition in the industry, had been global marketing director at Company for close to three years.  Despite the presence of a women’s group and and the marketing of equality and gender diversity within the Company, senior female executives continued to leave Company after very short terms of employment, due to an environment rife with gender and other forms of employment discrimination.

After testing positive for BRCA1, Client informed Company that she was going to have preventive surgeries (hysterectomy and mastectomy) that, by their very nature, are gender specific.  With no interactive process or reasonable accommodations, and less than two months after her surgery, Client was terminated, in violation of Genetic Information Nondiscrimination Act of 2008 (GINA), Americans with Disabilities Act of 1990 (ADA), and other federal, state, and city employment laws.

Less than three months after retention, we obtained for Client over two times the original severance offer, plus positive letters of reference.

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