Sandra E. Kahn

Agency Matters/ Litigation

• Obtained dismissal (lack of probable cause decision) from Massachusetts Commission Against Discrimination (“MCAD”) on behalf of consulting firm in case alleging termination due to sexual orientation discrimination.
• Obtained dismissal from MCAD on behalf of physician group in disability discrimination and failure to accommodate case.
• Obtained dismissal from MCAD on behalf of manufacturer in several related race discrimination cases.
• Obtained dismissal from MCAD on behalf of asset management company in case alleging disability on the basis of mental illness and constructive discharge.
• Obtained dismissal from Equal Employment Opportunity Commission on behalf of employer in race discrimination case brought by contract employee.
• Obtained dismissal from MCAD on behalf of senior living community in two cases alleging race and ethnicity discrimination.
• Obtained summary judgment on behalf of employer in case alleging that discharge of train conductor after refusal to provide a urine sample for drug testing following train derailment amounted to disability discrimination.  Bratton v. CSX Transportation, Inc., 586 F. Supp. 2d 12 (2008).
• Negotiated resolution of break time wage complaints against employer brought by Massachusetts Attorney General.

Counseling Highlights

• Investigated harassment allegations against high level executive in manufacturing company.
• Negotiated separation of and resolved discrimination complaint made by long time employee of independent school.
• Worked with multi-state office supply client to develop process to manage leaves of absence, reduce number of employees on extended leaves, and minimize risk of liability.
• Counseled clients on handling reductions in force, including WARN Act and age discrimination considerations.
• Conducted wage and hour audits and assisted clients in reclassifying employees as non-exempt.
• Assisted small medical practice with employment needs, including separation of problem physician.
• Counseled clients on sensitive employee relations issues, including discipline and discharge matters.

Education

• J.D., Cornell Law School, 1993
• A.B., Harvard College, 1990

Admission to Practice

• Massachusetts

• Massachusetts Women’s Bar Association
• American Bar Association

• November 2015 – New England In House – “Employee Handbook Can Be A Source of Potential Liability”