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Recent News Shines Spotlight on the Lack of Legal Protection Against Discrimination Based on Natural Hairstyles

This is Part 1 in a series. You can read Part 2 here. Last week Jon Oliver took a deep dive into Black hair, and the barriers people with natural and protective hairstyles face in the workplace, in schools, and elsewhere. His segment highlighted stories of a woman who was not hired because she wore her hair in locs, twins…

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Massachusetts Should Expand 151B, the State’s Anti-Discrimination Law for Employees, to Cover Independent Contractors

By Catherine Willett, Law Student Intern About 20% of workers in the United States are contractors: individuals hired to work on a specific project or for a specific period of time. This number is bound to grow as employment through the gig economy reaches into more sectors and the use…

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Freedom of Speech and Campus Discipline: What Rights do Students at Private Schools Have?

Freedom of speech on campus—the freedom to express opinions, including when they are unpopular—has long been a key principle of American academic institutions. Thomas Jefferson wrote to prospective members of the faculty of the University of Thomas Jefferson that the institution would be “based on the illimitable freedom of the…

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It is Time for Massachusetts to Provide Employment Protections to Victims of Abuse

By Sophie Nguyen, Law Student Intern Eight years ago, a teacher in San Diego was fired from her job for experiencing domestic violence. After her abusive ex-husband showed up at the school where she taught to confront her, the school decided that her mere presence posed too much of a…

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The Danger of “Unbridled” Police Discretion: Appeals Court Deems Search Unlawful where Gang Unit’s Investigatory Traffic Stop Led to Suspicionless Search

In Commonwealth v. Lek, Lang Lek was convicted of gun possession after two Lowell Police officers pulled him over for a minor traffic violation so that they could “investigate” and “suppress gang activity.” After searching the vehicle, which belonged to Mr. Lek’s girlfriend, the officers found a gun in the…

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Freedom of Speech and Campus Discipline: The First Circuit Highlights Limits on What Speech Public Schools Can Punish

We are going through an era of extraordinary political division. On college campuses as in broader society, both students and faculty are voicing widely differing views and beliefs. Colleges also have increasingly robust disciplinary rules applying to conduct including harassment, bullying, and discrimination that may be applied to conduct that…

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Divided Appeals Court Panel Highlights Gap in Personnel Record Law

In Massachusetts, as in many other states, the Legislature has adopted a personnel record law that specifies documents and information that every employer must maintain in an employee’s personnel record, such as documents relating to an employee’s qualifications and possible promotions, transfer, or discipline. For instance, many employers must include…

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In DeWeese-Boyd v. Gordon College SJC Grapples with Whether Religious Schools can Discriminate Against their Employees

Two weeks ago, the Massachusetts Supreme Judicial Court (SJC) heard oral argument in Deweese-Boyd v. Gordon College, a case which tests the limits of the “ministerial exception” and the legal protection it provides for religious employers. The “ministerial exception” is a religious protection based in the First Amendment to the…

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ZDB is Hiring!

ZALKIND DUNCAN & BERNSTEIN LLP, a premier Boston criminal defense and civil litigation boutique, seeks an associate to start in fall 2021 or sooner. This progressive 13-lawyer law firm has a dynamic federal and state court practice, at both the trial and appellate levels. Our criminal defense practice includes crimes of violence, fraud and drug…

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Massachusetts Legislature Passes Campus Sexual Violence Bill

In a late-night session on the last night of the 191st General Court (our legislative session), the Massachusetts Legislature passed S. 2979, “An Act Relative to Sexual Violence on College Campuses.” This bill was the latest version of a bill that has been introduced, and had previously failed to pass,…