The use of “patfrisk” or “stop-and-frisk” techniques by police is a serious—and, in some communities, alarmingly frequent—intrusion on personal liberty and dignity. In Commonwealth v. Karen K., the Massachusetts Supreme Judicial Court (SJC) considered the case of a sixteen-year-old African-American girl stopped and patfrisked by Boston police, who discovered a…
For the second time this year, the First Circuit has reversed a district court’s ruling dismissing a student’s breach of contract claim against his school, reaffirming that courts are willing to second guess school’s interpretations and applications of their own policies. Background of the Case In Doe v. Stonehill College…
Federal legislators have introduced a bill to correct absurdities in anti-discrimination law that ensure institutions are rarely held liable for egregious acts of discrimination on their campuses. As things currently stand, a school district cannot be held liable for an on-campus rape of a student even if the student had…
This week, President Biden signed the Speak Out Act into law, the most recent victory for advocates against workplace sexual assault and sexual harassment. The Speak Out Act makes prior non-disclosure and non-disparagement clauses in agreements (or “NDAs”) unenforceable when the parties later become engaged in a dispute regarding sexual…
This is a follow up to a previous two-part series: you can read Part 1 here and Part 2 here. On October 24, 2022, An Act Prohibiting Discrimination Based on Natural Hair and Protective Hairstyles, also known as the Massachusetts CROWN Act, went into effect, but is significantly changed from…
We have previously written about how Massachusetts law limits non-competition clauses. Non-competition clauses restrict where an employee can work after she leaves a job; an employee agrees in a contract not to work for a competitor for a period of time after she separates from an employer. Under M.G.L. c.…
In the last few decades, and particularly since the start of the COVID-19 pandemic, remote working arrangements have become increasingly common. In many industries, an employee can produce documents, answer emails, and attend video meetings from anywhere with an Internet connection, without even setting foot in an employer’s office. That…
If you are an at-will employee, you have the right to quit your job at any time. And there may be compelling reasons to leave immediately. But quitting your job will affect your legal rights, so before you resign, here are some things to consider. Can I collect unemployment? You…
Earlier this month, the Massachusetts Appeals Court limited protections available to public employees in Harrison vs. MBTA, holding that sovereign immunity protects public employers from claims brought under the employee misclassification and anti-retaliation provisions of G.L. c. 149. In general, sovereign immunity is a legal doctrine that protects a government…
Proposed Title IX Regulations Would Expand Protection for Pregnant Students Title IX is a federal civil rights statute that prohibits discrimination on the basis of sex in any education program that receives federal funding. This prohibition extends to discrimination based on pregnancy and related conditions, including termination of a pregnancy.…