In one of the first cases interpreting the new State law prohibiting discrimination against domestic violence victims, MSSSV successfully represented a medical practice. The employee asserted that she was discriminated against when she was placed on an unpaid sixty day leave after having missed substantial time due to an ongoing divorce proceeding. At a Hearing before an Administrative Law Judge, we were able to demonstrate that the employee herself was not a victim of domestic violence as required by the statute and thus she was not a member of the protected class, and that, even if she had been, her employer had no knowledge of her alleged status. Simply stated, an employer’s knowledge of an employee’s divorce is not tantamount to knowing she was a domestic violence victim. A copy of the decision is here. Michael A. Miranda and Robert Hewitt worked on this matter.
