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Today, Emma Quinn-Judge, David Russcol, Ana Munoz, and Harvey Silverglate filed a lawsuit in Suffolk Superior Court challenging Harvard’s policy that punishes students who join single-sex organizations. As the complaint in the case notes “As a result of this policy, almost every single-sex organization available to undergraduate women at Harvard closed its doors, or reorganized as a co-ed social organization. Most male single-sex organizations, by contrast, remain open, providing men with relationships, opportunities, and experiences to which Harvard undergraduate women now have limited access.” Harvard’s policy, which bars members of single-sex social organizations from holding leadership positions on campus, varsity team athletic captaincies, and prohibits them from receiving College endorsement for prestigious fellowships, “violates the fundamental rights of Harvard women and men to associate freely with their peers and to live free of sex discrimination, rights guaranteed by articles 1 and 19 of the Declaration of Rights of the Massachusetts Constitution, as amended, as well as the First and Fourteenth Amendments to the United States Constitution.”

Information about the firm’s suit, and a parallel federal lawsuit also filed today, can be found at www.standuptoharvard.org.

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united-states-2361405_1920-1The “First Step” bill now circulating in the U.S. Senate promises to make some changes to sentencing and imprisonment that would ameliorate harsh penalties and treatment.  However, it does not go far enough, and in some cases it actually takes a step backward.  There are multiple provisions, but I will look at only one of them, which makes changes to the mandatory minimum sentences imposed on defendants convicted of drug offenses based on their prior criminal history.

Section 401 of the bill is titled “Reduce and Restrict Enhanced Sentencing for Prior Drug Felonies.”  The bill does both of these things: it reduces the mandatory minimums applicable to each enhancement category, and it restricts the prior offenses that trigger enhancement.  But it also adds an entirely new category of prior offense that can trigger enhancement.

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Boston 25 News interviewed Attorneys David Duncan and Marty Rosenthal about a lawsuit against Sky Zone trampoline park in Massachusetts, in which they represent a plaintiff who suffered serious injuries while visiting the park. The interview was the result of an investigation into a pattern of similar injuries at Sky Zone trampoline parks across the state, many of which have sparked lawsuits. Watch the interview here.

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On November 16, 2018, the U.S. Department of Education released draft regulations that would significantly reform Title IX requirements for schools in dealing with sexual harassment and sexual assault on campus. Naomi Shatz has tweetstormed initial summaries and analysis of key features of the draft regulations. There is a lot to unpack in the regulations, and we will undoubtedly have more to write about them in the coming weeks. They also may change before they become final; this publication is the start of a 60-day public comment period, after which the Department of Education must reconsider and respond to input from the public before the regulations become effective. However, once the regulations are finalized, they will have the force of law and will be difficult to change, so it is very important to focus on what is in the draft now.

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Zalkind Duncan & Bernstein LLP is proud to announce that the firm has been named in US News’ “Best Law Firms” for yet another year! This 2019 accolade ranks the firm as Metro Tier 1 in three separate categories: Criminal Defense – General Practice, Criminal Defense – White Collar, and Employment – Individuals.

Firms included in the 2019 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.

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Emma Quinn-Judge and Monica Shah recently won an employment discrimination appeal at the Massachusetts Appeals Court. The Appeals Court agreed with Attorneys Quinn-Judge and Shah that their client’s pay discrimination claim should not have been dismissed by the lower court after the defendant, the City of Boston, moved for summary judgment. Plaintiff presented evidence that the City had refused to provide a promised raise to the plaintiff, an African-American woman and a longtime public servant, after she spent nearly three years in her promoted position with substantially greater responsibilities, while at the same giving raises to another white manager.  As a result of this decision, their client will now be able to take her pay discrimination claim to trial.

Read the opinion here: https://www.mass.gov/files/documents/2018/10/24/17P0343.pdf

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