Davis, Malm & D'Agostine P.C. Attorneys at Law - Boston Law Firm: Judith Ashton

Practice Focus and Experience

Judith Ashton specializes in advising corporate clients and individual employees on employee-employer relations issues. She works with business organizations to develop general employment policies, drafts personnel manuals and affirmative action plans, structures employment contracts and strategizes on hirings and terminations. She regularly conducts audits for the firm's clients of their employment practices and lectures to management and employees on discrimination, harassment and other issues. Judy also advises individuals regarding their relationships with their employers. In addition, Judy supports the firm's litigation efforts, particularly in the employment area, and conducts a successful appellate practice.

Prior to joining Davis Malm, Judy served as a Senior Attorney at the Massachusetts Commission Against Discrimination and as Consultant to the Equal Employment Opportunity Commission. She also served as Scholar in Residence and Instructor at Columbia University School of Law, and has had several teaching appointments at Boston University School of Law, the latest being as an Adjunct Professor teaching discrimination law. She is a former member of the Advisory Board of the N. Neal Pike Institute on Law and Disability at Boston University School of Law and has written and lectured widely on employment law issues.

Representative Matters

Obtained the first decision in Massachusetts setting the circumstances under which overweight is considered a handicap.
Obtained a successful settlement during trial against a "Big 4" accounting firm for sexual preference discrimination.
Regularly advises employers with respect to proper employment procedures for mergers and acquisitions and reductions in force.
Regularly drafts personnel manuals and affirmative action plans for corporations.

Representative Reported Cases

Wynn & Wynn, P.C. v. Massachusetts Commission Against Discrimination, 431 Mass. 655 (2000)- Acted as lead counsel in the landmark case establishing burden of proof in an employment pregnancy discrimination case.
Gauthier v. Saturn of Natick, 20 MALD 41, 44 (1998)
Cody v. Marriott Corp., 103 F.R.D. 421 (1984) - Acted as lead counsel in the first case in the federal district court for the district of Massachusetts to establish the standards under which employees may protect their psychiatric records from disclosure.

Professional

Distinctions: Peer review "AV" rated by Martindale-Hubbell, the highest bestowed rating; Massachusetts Super Lawyer, 2004.
Admitted: Massachusetts; United States District Court for the District of Massachusetts; United States Court of Appeals for the First Circuit; United States Supreme Court.
Member: Massachusetts Bar Association (Member, Labor and Employment Law Section).

Community Involvement

Active in fundraising and support at AccesSportAmerica, which offers disabled children and adults opportunities to participate in high-challenge sports.
Volunteer for the Little Brothers, Friends of the Elderly in Boston, providing one-on-one friendship to the elderly.
Counselor to neurological patients at Spaulding Rehabilitation Hospital.
Former treasurer of the All Newton Music School and active member of the school's Emeritus Board where she works toward obtaining scholarships for disadvantaged students.

Articles

Pay Equity After 'Goodyear': Can Employers Afford to Relax? Massachusetts Lawyers Weekly, Judith Ashton and Gary M. Feldman (coauthors)
Depleted Endowment? The Answer May Be at Your Feet, Massnonprofit.org, Kenneth Mickiewicz and Judith Ashton (coauthors)
Jumping the Gun on Weight Discrimination, The Boston Globe, Judith Ashton and Gary M. Feldman (coauthors)
Resolving Freeze-out Flaps Without Pricey Court Fights, Boston Business Journal, Kenneth Mickiewicz and Judith Ashton (coauthors)
Workplace Privacy, Human Resources, Winter 2006, Judith Ashton and Gary M. Feldman (coauthors)
State Appeals Court Decision Restricts Commission Authority, Banker and Tradesman, Judith Ashton and Howard P. Speicher (coauthors)
Massachusetts Same-Sex Marriage Ruling Creates Groundbreaking Issues in the American Workplace, New England In-House, Judith Ashton and Gary M. Feldman (coauthors)
Massachusetts Same-Sex Marriage Ruling Creates Groundbreaking Issues in the American Workplace, Employee Relations Law Journal, Winter 2004, Judith Ashton and Gary M. Feldman (coauthors)