Jennifer Burke quoted on ruling related to stereotype bias in the workforce

A recent federal appeals court ruling demonstrates that circumstantial evidence of a stereotype bias is enough to support a job discrimination lawsuit, according to an article in the April 6, 2009 edition of Massachusetts Lawyers Weekly.

Even though supervisors made no explicitly discriminatory statements to a working mother passed over for a job promotion, their remarks nonetheless suggested a bias against women with small children, the 1st Circuit recently ruled.

The woman alleged she was subjected to a gender-based stereotype that women with young children neglect their jobs in favor of their presumed child-care responsibilities.

Partner Jennifer E. Burke, who represents employers, noted that some of the key statements by the managers were made by e-mail, which provided evidence of potentially discriminatory intent.

"[The decision is] really a wake up call for employers to be careful with e-mails, even off-hand comments that could be misinterpreted at a later time, because you can't always get the tone in an e-mail," Burke said.

She also noted that the 1st Circuit’s ruling shows how important it is for employers to train managers about not making comments about employees’ personal and family lives.