ROBERT S. MANTELL
e-mail:  RMantell@TheEmploymentLawyers.com

Robert S. Mantell specializes in employment law and he has participated in numerous cases involving discrimination and retaliation in Massachusetts and Federal Courts and the Massachusetts Commission Against Discrimination.  Also noteworthy is his considerable experience in negotiating separation/severance agreements, obtaining unemployment benefits for clients, and opposing the enforcement of non-competition agreements.

Mr. Mantell received his B.A. from Tufts University (Political Science), and a Master of Arts Degree in Political Science from the Duke University Graduate School. A graduate of the Duke University School of Law, Mr. Mantell began his practice concentrating in plaintiff-side employment law in January 1992. 

Mr. Mantell has taken a leadership role in bar associations that address employment law.  He currently serves as the Vice President of the Massachusetts Employment Lawyers Association, in which he has been an active member since 1992.  Mr. Mantell was on the Massachusetts Bar Association’s Labor and Employment Section Council for two years.  He is frequently called upon to lecture and write on employment law, and he was named a “Massachusetts Super Lawyer” by Boston magazine in 2005, 2006 and 2007 in the area of Employment Litigation.

SELECTED SUCCESSES

Protection of the Right to a Jury:  Mr. Mantell argued before the Supreme Judicial Court on behalf of complainants in two of the four consolidated cases presented in Stonehill College v. MCAD, 441 Mass. 549 (2004).  That case reversed earlier precedent, found that the MCAD had jurisdiction to enter enforceable final judgments awarding money damages, and upheld the right of civil rights victims to a jury trial in discrimination claims.  The Massachusetts Lawyers Weekly reported that the Stonehill College decision was the most important Massachusetts decision of 2004. 

Age Discrimination:  Mr. Mantell tried and prevailed in the age discrimination cases of MCAD and Malone v. City of Boston Public Facilities Department, 26 MDLR 267 (2004), and Hunt v. MWRA, Suffolk ss., C.A. No. 01-2796.  In the Hunt case, damages were awarded in excess of $500,000.  Mr. Mantell authored a chapter on age discrimination, and co-authored another chapter on the subject in publications of Massachusetts Continuing Legal Education (MCLE).  Mr. Mantell advocated for a broadening of the Massachusetts age discrimination law in R. Mantell, Age Discrimination Shown by Disparate Impact, 6 MBA Section Review No. 2, 24 (2004).

Constitutional/First Amendment Claims:  Mr. Mantell has been successful in drafting briefs opposing the dismissal of claims arising under the Constitution and the First Amendment, including in the cases of Lyons v. Cavanaugh, C.A. No. 99-10196 (D. Mass.),  and O’Donnell v. City of Everett, C.A. No. 02-10519 PBS (D. Mass).

Defamation:  Where an employee of the MBTA publicly accused the Deputy Manager of being a racist and harasser, and the Deputy Manager responded by suing the employee for defamation, Mr. Mantell represented the employee, and was successful in obtaining a dismissal of the claims.  Puccia v. Edwards, C.A. No. 98-00065, Norfolk ss.

Handicap Discrimination:  Mr. Mantell drafted the Plaintiff’s Appellate Brief in the case of Dartt v. Browning Ferris Industries, 427 Mass. 1 (1998), which is a crucial decision that established a favorable burden of proof for victims of handicap discrimination in Massachusetts.  Mr. Mantell tried and prevailed in the case of Keeling v. Wilfert Bros. Realty Co., 22 MDLR 201 (2000), which found that the Complainant had been harassed and terminated because of his handicap.  Mr. Mantell served on a Massachusetts Bar Association committee assisting the MCAD in drafting Handicap Discrimination Guidelines, which were issued in March 1998.

Non-Competition Agreements:  Mr. Mantell prevailed in the case of William Gallagher Associates Ins. Brokers, Inc. v. Everts, 13 Mass. L. Rptr. No. 31, 716 (December 17, 2001), which found that a non-competition agreement did not bar an insurance broker from competing with his former employer.  Mr. Mantell wrote the successful brief in the case of C.J. McCarthy Ins. Agency, Inc. v. McLaughlin, C.A. No. 03-5617, Suffolk, ss., where Judge van Gestel dismissed a claim against an insurance broker based on an alleged violation of a non-competition agreement. 

Race Discrimination:  Mr. Mantell was co-counsel in the case of Clifton v. MBTA, 445 Mass. 611 (2005), a racial harassment case in which the jury returned one of the highest verdicts in Massachusetts employment law history, $5,500,000.

Retaliation:  Mr. Mantell argued successfully in Noviello v. City of Boston, 398 F.3d 76 (1st Cir. 2005), where the First Circuit Court of Appeals found that Ms. Noviello could pursue a retaliation claim based solely on workplace harassment.  Mr. Mantell was co-counsel in the case of Che v. MBTA, 342 F.3d 31 (1st Cir. 2003), where the jury awarded Mr. Che $500,000 on a retaliation claim, and where the First Circuit later permitted Mr. Che to seek additional amounts in punitive damages, and reinstatement.  Articles written by Mr. Mantell on the subject of retaliation include, R. Mantell, Counterclaims Based on MCAD/EEOC Complaints:  A Per Se Retaliatory Litigation Strategy, 17 MBA Labor & Employment Section News No. 3 (August 1998); R. Mantell, Mandatory Arbitration Could Constitute an Unlawful Interference with Chapter 151B Rights, MBA (January 2000).

Sex Discrimination:  Mr. Mantell co-wrote a successful amicus brief in the case of Jancey v. School Committee of Everett, 421 Mass. 482 (1995), in which the Supreme Judicial Court held that gender pay disparity may be addressed by c. 151B and the Massachusetts Equal Pay Act.  He successfully opposed a Rule 56 motion seeking dismissal of a gender discrimination claim in Patoski v. HUD, C.A. No. 05-11086-RCL (D. Mass.).

Sexual Harassment:  Mr. Mantell tried and prevailed in the case of Tasker v. EMCO Engineering, Inc., 21 MDLR 213 (1999), which involved a workplace pervaded by sexist statements and forced kissing.  Mr. Mantell successfully opposed summary judgment in Duff v. Buckley Associates, Inc., C.A. No. 03-00233, Norfolk, ss., a case involving harassment based on gender, failure to train, and failure to provide equal pay.  Mr. Mantell served on a Massachusetts Bar Association committee assisting the MCAD in drafting Sexual Harassment Guidelines, which were issued in October 2002.

Wrongful Discharge:  Mr. Mantell has repeatedly drafted briefs that have been successful in deterring attempts to have wrongful discharge claims dismissed before trial.  Ercolini v. MPIUA, C.A. No. 94-0415, Suffolk, ss.; Roche v. Massachusetts Co., C.A. No. 93-3388, Suffolk, ss.; Waylett v. Flatley Co., 95-12371-RGS (D.Mass).  Mr. Mantell has published an article on wrongful discharge, and has served as faculty at an MCLE seminar on the subject.  See R. Mantell, Exceptions to the At-Will Employment Doctrine, 4 MBA Section Review No. 1, 66 (Winter 2002)

ADVOCACY:              Mr. Mantell has dedicated many years to the protection of, and expansion of rights for employees.  He has written, alone or with others, many amicus briefs filed with courts considering important issues.  Some of those briefs include the following:

Opposing mandatory arbitration agreements.  St. Fleur v. WPI Cable Systems/Mutron, SJC 09961 (2007) (pending); Rosenberg v. Merrill L ynch, Pierce, Fenner & Smith, Inc., 995 F. Supp. 190 (D. Mass. 1998)

Advocating for broad application of the right to a jury trial. Ross v. MBTA

Opposing restrictive regulations that screen out applicants with disabilities.  Carleton v. Commonwealth, 447 Mass. 791 (2006)

Advocating for the survival of age discrimination claims when the plaintiff dies.  Gasior v. Massachusetts General Hospital, 446 Mass. 645 (2006)

Advocating for the recognition of, and timeliness of, broadly worded civil actions.  Ayash v. Dana-Farber Cancer Institute, 443 Mass. 367 (2005); Weber v. Cmty Teamwork, Inc., 434 Mass. 761 (2001)

Opposing the implementation of laws of general application in a manner that would interfere with the Fair Employment Practice Act, c. 151B.  Thomas v. EDI Specialists, Inc., 437 Mass. 536 (2002).

Advocating for strong gender pay equality rules.  Jancey v. School Committee of Everett, 421 Mass. 482 (1995)

Opposing sexual harassment in the workplace.  Bowman v. Heller, 420 Mass. 517 (1995).

OTHER PUBLICATIONS:  In addition to articles discussed above, Mr. Mantell has written the following:

R. Mantell & S. Smolik, Traps and Tips for the Plaintiff-Side Employment Lawyer in Massachusetts, published in connection with a February 2007 meeting of the Massachusetts Employment Lawyers Association.

R. Mantell, Survey of Discrimination Law, 2006, Race, National Origin, Retaliation and Awards of Interest, Discrimination Law Survey, published by the MBA in connection with its Annual Labor and Employment Law Spring Conference, June 2006

R. Mantell, Individual Liability Under Mass. Gen. Law Chapter 151B:  Defeating the New Defenses, published in Materials for NELA’s New England Regional Conference, May 2006, at 297

R. Mantell, The Cooperative Approach:  An Emerging View of ERISA, 7 MBA Section Review No. 2, 21 (2005)

R. Mantell, The Liberal Interpretation of Chapter 151B, 4 MBA Section Review No. 3, 23 (Summer 2002)

Survey of Discrimination Law, 2001, Age and Gender, published by the MBA, 2000.  Discrimination Law Survey – Materials by Liz Rodgers and Robert Mantell

R. Mantell, Shocking to the Conscience:  Six Figure Punitive Damages Awards in Employment Discrimination Cases, 2 MBA Section Review No. 2, 48 (March 2000)

R. Mantell, The Range of Emotional Distress Damages Under Anti-Discrimination Laws, 2 MELA Online Law Journal No. 1, August 1999

R. Mantell, Tips for Complainants’ Lawyers Bringing Their First Case Before the MCAD, in Presenting and Defending Your First MCAD Case, MCLE, at 202 (1999)

R. Mantell, Recent Developments in Settlement Agreements and Releases, Chapter 17, Part III, Drafting Employment Document in Massachusetts, MCLE (1998)

K. Powers, R. Mantell, Damages in Massachusetts Workplace Defamation Cases, MCLE (1997)

R. Mantell, ‘But For’ Burden of Proof and Ch. 151B Claims, 24 M.L.W. 159 (October 2, 1995)

E. Messing, R. Mantell, Motions to Dismiss and Massachusetts Employment Law (1992)

SELECTED LECTURES

Wrongful Termination & Exceptions to Employment At-Will
Massachusetts Continuing Legal Education
June 15, 2007

Traps and Tips for Employment Lawyers
Massachusetts Employment Lawyers Association
February 22, 2007

Hot Immigration Topics for Employment Lawyers
Massachusetts Bar Association
September 12, 2006

27th Annual Labor & Employment Law Spring Conference
Massachusetts Bar Association
June 15, 2006

Hot Topics In Employment Law
National Employment Lawyers Association Regional Conference
May 20, 2006

The Continuing Violations Doctrine After Clifton v. MBTA
Massachusetts Bar Association
January 20, 2005

The Changing Landscape of Jury Trial Rights Under G.L. c. 151B
Massachusetts Bar Association
March 9, 2004

Post-Trial Motions and Appeals:  How to Protect Your Jury Verdict
National Employment Lawyers Association Regional Conference
April 5, 2003

Asserting and Litigating Reverse Discrimination Claims
Massachusetts Bar Association
November 12, 2002

The New MCAD Sexual Harassment Guidelines
Massachusetts Bar Association
October 24, 2002

Recent Developments in Massachusetts Employment Law
Massachusetts Bar Association
September 25, 2002

Litigating Employment Discrimination Cases:  State v. Federal Court
Massachusetts Bar Association
June 2002

The Frontiers of Bringing and Defending Retaliation Claims
Massachusetts Bar Association
January 11, 2000

Presenting and Defending Your First MCAD Case
Massachusetts Bar Association
June 18, 1999

Punitive and Emotional Distress Damages
Massachusetts Employment Lawyers Association
June 22, 1999

Race and National Origin Discrimination
National Employment Lawyers Association Regional Conference
April 17, 1999

Taking Depositions Workshop
Massachusetts Continuing Legal Education
January 30, 1998

Employment Discrimination Update 1996
Massachusetts Continuing Legal Education
November 20, 1996

Motions to Compel – Hot Topics In Discovery in Employment Litigation
Massachusetts Employment Lawyers Association
October 24, 1996