In this series, I look at some of the protections afforded by Title IX that have received less attention in the media and political arena than Title IX’s applications to equity in athletics and campus sexual assault. Part 1 looked at Title IX’s protection against employment discrimination. To those people…
Beyond Sports and Sex Part 1: Employment Discrimination Claims Under Title IX
In this series, I look at some of the protections afforded by Title IX that have received less attention in the media and political arena than Title IX’s applications to equity in athletics and campus sexual assault. The common conception of Title IX is that it is a law aimed…
Title IX and Sexual Assault on College Campuses: Back to School Edition
Whether you are heading off to your first year of college, or are returning for your fourth (or sixth, or ninth) year of higher education, you are likely aware that sexual assault prevention is a big issue on college and university campuses today. We represent complainants and respondents in sexual…
Massachusetts Legislature Passes Pregnant Workers Fairness Act
Yesterday the Massachusetts Senate unanimously passed Senate Bill 2093, the Pregnant Workers Fairness Act (PWFA). Last month the House unanimously passed a similar bill, H. 3680. The PWFA is headed to Governor Charlie Baker, who has indicated he will sign it. What is the Pregnant Workers Fairness Act? The PWFA…
Massachusetts Needs a Working Educational Discrimination Law
Massachusetts is often lauded as one of the most progressive states in the country, and our state civil rights laws routinely provide broader protections than their federal counterparts. So it may come as a surprise that Massachusetts does not have a functional state counterpart to federal laws prohibiting discrimination in…
Owen Labrie’s Attempt to Get a New Trial Illustrates Serious Problems with Criminal Laws Related to Computer Sex Crimes
About a year and a half ago we mentioned the Owen Labrie case in New Hampshire, where an 18-year-old senior at the St. Paul School was charged with a variety of crimes, including forcible sexual assault, of a 15-year-old at the school. To briefly review the case: Labrie was alleged…
Will a Trump Administration Change Anything About College Sexual Assault?
Earlier this month, my colleague blogged about concerns that a weaker federal Department of Education (DOE) in the Trump Administration would mean less protection against discrimination and harassment for minority students. Under Obama the DOE took strong, sometimes controversial, positions in the name of anti-discrimination, for example, issuing numerous guidance…
Doe v. Brown University: In Narrow Decision, Federal Court Finds Brown Failed to Follow its Policy on Sexual Misconduct Adjudications
I previously wrote about a Massachusetts federal district court decision that was groundbreaking because it tackled the question of whether a private university’s sexual misconduct investigation and disciplinary procedure was fundamentally fair, and concluded that it was not. Last week another local federal court weighed in on the college sexual…
Doe v. Brandeis: In a Unique Decision, Federal Judge Found Lack of “Basic Fairness” in College Sexual Misconduct Proceedings
Six months ago a judge in the federal district court in Massachusetts issued what many people who litigate cases surrounding college sexual assault adjudications consider the most comprehensive decision on the topic. In Doe v. Brandeis University, Judge Dennis Saylor denied Brandeis University’s motion to dismiss the complaint by its…
States sue Federal Government over Prohibitions on Discrimination Based on Gender Identity
Yesterday, 11 states sued the U.S. Government in a Texas federal court over recent guidance documents its agencies issued defining “sex” in various civil rights laws to include “gender identity.” The suit is the latest in a widening legal battle over transgender rights — specifically the right of transgender people…