News + Insights from the Legal Team at Zalkind Duncan & Bernstein


See below for press coverage on the retaliation claim filed by Attorney David A. Russcol against the Town of Williamstown on behalf of a police sergeant who blew the whistle on discrimination, retaliation, and police misconduct. For coverage of the sergeant’s underlying suit, click here.

Attorneys Naomi R. Shatz and David A. Russcol spoke to Massachusetts Lawyers Weekly about a recent decision in Harrington v. Lesley College reaffirming that university employees can bring sex-discrimination claims under both Title IX and Title VII. Shatz said “I’m frankly surprised that attorneys for schools, especially in the 1st Circuit, are still making the argument that Title IX does not apply to employees when the case law is clear that it does.” Russcol agreed, noting, “Congress can prescribe different sets of procedures and remedies for different wrongs, even if sometimes more than one applies to the same person. It is important that all these avenues remain open to plaintiffs in appropriate situations.” Click here to read more.

Attorney Naomi R. Shatz spoke to the Boston Globe about the SJC Standing Committee on Lawyer Well-Being’s recent recommendations to the legal community about creating flexible, inclusive workplaces. She discussed her own experience working remotely during the pandemic, and her perspective that “working remotely, in my view, works just as well in many ways as being physically in the office. I think that is something that a lot of law offices did not recognize before the pandemic and are now seeing.” Click here to read more.

Attorney Naomi R. Shatz spoke to Law360 about the EEOC’s recent push to convince federal courts that Title VII protects employees from discriminatory transfers and shift changes. Shatz explains, “[I]t’s just really important for employees and employers to understand that there’s so much more to a job and so much more to the terms and conditions of a job under Title VII than just what’s on paper in terms of a salary or job description . . . [E]mployers really can negatively impact employees in discriminatory ways without giving them a pay cut or demotion or something that was more traditionally considered an adverse action under Title VII.” Click here to read more.

Attorney Naomi R. Shatz spoke with Massachusetts Lawyers Weekly regarding a recent federal court decision reaffirming that university employees can bring discrimination claims under both Title VII and Title IX. Click here to read more.

Attorney Monica Shah spoke to GBH News about the constitutionality of terminating an employee for their involvement in violent protests at the Capitol. Shah explains, ‘”I think what employers and public employers may be trying to figure out is, is there a distinction between people who were there and present and those who ran into the Capitol and potentially wanted to overthrow the government?”‘ Click here to read more.

See below for press coverage on a discrimination and retaliation suit recently filed by Attorney David A. Russcol against the Town of Williamstown. Read the full complaint here.

Attorneys Ruth O’Meara-Costello and David Russcol spoke to Massachusetts Lawyers Weekly about last week’s decision in Helfman v. Northeastern University, et al. The Court held that colleges have a duty to protect their students from alcohol-related harm under certain circumstances. Attorneys O’Meara-Costello and Russcol discussed the implications of this decision for colleges going forward. Click here to read more.

On July 27, 2020, Naomi Shatz and Katherine Dullea published the following op-ed in Law360, discussing inequities in the bar exam and urging lawyers to consider whether maintaining the exam is useful for the profession. You can view the original article here, or download a PDF here.


Partner Naomi Shatz offers her expertise on the new federal regulations issued by the U.S. Department of Education on May 6, 2020. These new regulations dictating how colleges and universities must handle claims of sexual harassment and assault under Title IX will go into effect on August 14, 2020. Click here to read the article and here to read her blog post about the regulations.

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