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6 ¦ JULY 20, 2020                   NEWS

¦ From MASSACHUSETTS on PAGE 5                                     “It’s never too late to institute
While Boston attorney Elisa                                        a policy that will help train the
Filman said she doesn’t know                                       workforce to be more knowledge-
for sure whether the new Trial                                     able of their actions in order to
Court policies were in reaction                                    ensure that people are treating
to the Estes case, she said, “What                                 each other appropriately in the
happened with Judge Estes was Massachusetts implemented workplace,” said Swartz, an attor-
probably the tipping point.”        a policy last year prohibiting ney for two decades who said her
Filman, a founding partner discrimination, harassment practice dealing with sex harass-
with Rodman Employment Law,                                        ment cases has grown over the
represents employees in disputes    and retaliation within its     last few years, in part, due to the
with their employers.               court system. The policy       #MeToo movement.
                                    came soon after a state
  “The trial courts are adjudi-                                      Boston attorney Nick Carter, a
cating cases that are involving       judge stepped down           litigation partner at Todd & Weld,
employment law like sexual ha-           following sexual          said Friday, “Certainly what is
rassment, when things like with        misconduct claims.          going on nationally with the

Judge Estes is going on behind                                     #MeToo movement and the Black
closed doors,” she said. “They                                     Lives Matter movement impacts
have some work to do.”                                             the courts, as they do everything
Filman said that while it would                                    else. I’m sure the Trial Court is
have been better for the policies                                  sensitive to those issues. … But
to have been implemented years                                     the court system, like every insti-
ago, it’s never too late.                                          tution, has a way to go.”
“Maybe the Trial Court took culture cues and re- Carter, also a member of the Massachusetts Bar
alized the system’s credibility was on the line, and Association’s Judicial Administration Section Coun-
then promulgated this policy to thwart future bad sel, continued: “I think Ralph Gants, the chief justice
acts,” Filman said.                 of the Massachusetts Supreme Judicial Court, has a
Others said the #MeToo movement could have keen eye for making the justice system in the state
also played a part in the Trial Court acting when it more just.”
did.                                                                                          ¦

Tara Swartz, founder of Swartz Law Boston, said Robert Storace covers legal trends, lawsuits and
the Estes saga, “coupled with the #MeToo move- analysis for the Connecticut Law Tribune. Follow
ment,” could have played a part in the timing of the him on Twitter @RobertSCTLaw or reach him at
new rules.                          203-437-5950.

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