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Murphy, Hesse, Toomey & Lehane, LLP Partners Present at the 67th IFEBP Annual Conference in Denver

 

Attorneys Katherine Hesse and Nan ONeill, both Partners at Murphy, Hesse, Toomey & Lehane, LLP, presented at the International Foundation of Employee Benefit Plans (IFEBP) 67th Annual Conference in Denver, Colorado last week. Their presentation, titled “Elimination of Bias – DEI”, primarily focused on discrimination in the workplace and what to do to prevent that from happening. They began their session by outlining typical DEI (diversity, equity and inclusion) litigation that arises in the workplace. Examples of lawsuits included Tesla and Chicago Meat Authority, in both cases, the companies were sued for racially hostile work environments and failing to prevent racial harassment. They also discussed how to prevent these claims from occurring, such as anti-discrimination and harassment policies and staff training. Ms. Hesse and Ms. ONeill explained the importance of immediate responses and thorough investigations once a claim has been made. Their key takeaway from this session is “Words Matter”, and remember that the simplest of words can create a racially hostile work environment.

 

Ms. Hesse practices primarily in labor, employment and employee benefits law. She serves as counsel to Fortune 500 companies, emerging businesses, government, tax-exempt organizations and large Taft-Hartley and governmental trusts. She advises clients on employment and benefits issues, and has litigated employment and benefits cases before state and federal trial and appellate courts, administrative agencies and arbitrators. Ms. Hesse led her team of attorneys to be named the only firm in New England and one of only 11 in the United States to the special ERISA fiduciary litigation panel for one of the world’s largest insurance companies. She serves on the Board of Directors of the International Foundation and as Chair of its Government Liaison Committee, and sits on the editorial board of Benefits Quarterly and speaks and writes regularly on employment and benefits issues. Ms. Hesse, a CEBS Compliant ISCEBS Fellow, was inducted into the new ISCEBS Hall of Fame in 2018. She received her B.A. degree from Smith College and her J.D. degree from the Boston University School of Law.

 

Ms. ONeill is a Partner at the firm with 30 years of experience counseling and representing employers in all aspects of traditional labor law and employment.  She has extensive experience in labor arbitration and litigation of employment-related disputes, including discrimination, sexual harassment and wrongful termination matters, before state and federal courts and administrative agencies such as the Massachusetts Commission Against Discrimination. She also counsels clients on a day-to-day basis on employment compliance issues. Additionally, Ms. ONeill frequently conducts manager training sessions on topical legal issues, and is often called upon to conduct internal investigations including complaints of harassment, discrimination, and ethical violations. Ms. ONeill is a graduate of Boston College and the Georgetown University Law Center, where she served as Articles and Notes Editor of the American Criminal Law Review.

Latest News

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

Legal Updates

Statutory Regulations Released for Interagency Review of Complex Cases

On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.

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