While the DOC has a rehabilitative mission on paper, it has a reputation for violating the civil rights of its incarcerated population and discriminating and retaliating against its employees. Ten years ago, Zalkind Law sued the DOC for discrimination because the DOC paid a female deputy superintendent significantly less than…
Boston Lawyer Blog
Legal Challenges to New Title IX Regulations Begin, Blocking Legal Protections for Gender Identity in Education
Title IX, passed by Congress over fifty years ago as part of the Educational Amendments of 1972, begins with a deceptively simple sentence: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination…
Legislature’s Expansion of Abuse Prevention Orders Raises Concerns of Vagueness and Confusion
As part of a bill broadly aiming to protect victims of abuse, including revenge porn and deepfakes, the Massachusetts legislature recently enacted an amendment to the restraining order statute that may have substantial unintended consequences. Although the well-intentioned provision allows a person suffering from “coercive control” to seek an abuse…
First Circuit Upholds Dress Code Prohibiting “There are Only Two Genders” Shirt
Yesterday, the First Circuit issued its decision in L.M. v. Middleborough et al., a case we discussed previously on this blog. The case concerned whether a public middle school could prohibit a student from wearing a t-shirt that said “There are only two genders.” The district court had held that…
What to do if you’re placed on administrative leave
Being placed on administrative leave can feel like limbo – you still have your job, but you’ve been told to stay away from your workplace, and perhaps your colleagues, often for an unknown amount of time. In this difficult situation, it’s important to learn about your legal rights and proceed…
The Supreme Court Clarifies the Requisite Harm Employees Must Show to Bring Viable Discrimination Claims Based on Job Transfers
On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court held that an employee bringing a discrimination claim under Title VII based on a job transfer does not need to show that she suffered significant harm with respect to the transfer, only that she suffered some…
SJC Clarifies How far Colleges and Universities can go in Reducing Salaries and Funding for Tenured Faculty Members
Tenure is a crucial foundation for academic freedom at colleges and universities. Once professors receive tenure, they have a lifetime job from which it is very difficult for them to be fired. Nonetheless, tenure alone does not insulate a faculty member from institutional pressure. After all, the school still sets…
First Circuit Hears Oral Argument in “There are Only Two Genders” T-Shirt Case
Two weeks ago the First Circuit heard oral argument in a case that touches on some of the most hot-button issues in education law: student speech rights and discrimination against LGBTQ students. In L.M. v. Town of Middleborough, the Court must decide whether the Middleborough public schools could tell a…
App-Based Workers as Employees? Back to the SJC Before Back to the Ballot
The ongoing battle over the employment rights of app-based drivers reached a new stage last week, when a group of drivers and union leaders brought a lawsuit to block a new set of ballot measures aimed at exempting app-based drivers from employment protections. When workers are categorized as employees, rather…
Massachusetts Proposed Legislation Would Create Broad Workplace Protections Against Bullying and Abuse at Work
Massachusetts could become the first state in the country to enact a broad workplace anti-abuse law intended to hold employers liable for perpetuating, condoning, or ignoring psychological abuse at work. On October 10, 2023, Massachusetts had the highest number of advocates in the nation ever testify in front of the…