On June 26, 2014, Inga Bernstein and Emma Quinn-Judge filed an application for leave to obtain further appellate review with the Massachusetts Supreme Judicial Court (“SJC”) from the decision of the Massachusetts Appeals Court in Kiely v. Teradyne. The case raises two important questions concerning the application of the state anti-discrimination statute, G.L. c. 151B: First, is a plaintiff entitled to attorney’s fees under G.L. c. 151B, § 9, where a jury finds liability for discrimination or retaliation? Second, when is a plaintiff in a retaliation case entitled to punitive damages? The case has significant implications for workers who seek to vindicate their rights to workplaces free of discrimination and retaliation.
We joined the Massachusetts Chapter of National Employment Lawyers Association, the American Civil Liberties Union of Massachusetts, the Gay & Lesbian Advocates & Defenders, the Jewish Alliance for Law and Social Action, the Massachusetts Law Reform Institute, and the Union of Minority Neighborhoods in a letter in support of Kiely’s application for further appellate review.