Now Is The Time To Reevaluate Campus Protest Safety Protocols

The tragic events flowing from the Charlottesville march have provided a stark reminder that while institutions of higher learning should be nurturers of free thought and open dialogue, they must be vigilant in balancing free speech with campus safety. In the days following the violence in Charlottesville, University of Virginia (UVA) undertook an honest and critical review […]

Obama’s DOL Fiduciary Rule Fades into the Distance

If you have an account in a retirement plan where you work or you own an Individual Retirement Account, you may get financial advice about the assets in your account from an investment advisor, broker, planner, or insurance agent. You might expect that advisor to give you advice that was in your best interests. But, […]

New NCAA Policy Directed to Sexual Assault Awareness and Prevention

On August 8, 2017, the NCAA announced a new policy directed to sexual assault awareness and prevention for schools participating in NCAA Division I, II or III athletics (“the Policy”). Officially enacted on August 10, 2017, the Policy requires, among other things, that athletes, coaches and athletics administrators complete annual sexual violence prevention education.  Further, […]

Court Refuses to Adopt View That Member of a Protected Class Cannot Discriminate Against Other Members of That Class

In an opinion issued on August 22, a federal judge in Washington, D.C., reiterated that a member of a protected class can, in fact, discriminate against members of that class.  In Moore v. Howard University, a former security guard alleged that the university terminated his employment because of his race.  The university sought to dismiss […]

Supervisors and Managers Can Use Subordinates as “Comparators” in Workplace Discrimination Cases

On August 2, 2017, a federal judge ruled that supervisors and managers can use their subordinates as “comparators” for lodging workplace discrimination suits against their employers. A wrongful termination case from a former public safety officer at Swarthmore College, predicated on an alleged incident of racial discrimination, has now survived both a motion for summary judgment and a motion […]

Federal Court Upholds Validity of Harvard’s Employee Separation Agreement

On August 7, 2017, the U.S. District Court for the District of Massachusetts dismissed a disability discrimination claim brought by a former employee against Harvard University, ruling that the employee had released all claims against the University when she accepted the terms of her separation agreement.  The plaintiff, who worked as a nurse at Harvard […]

Massachusetts Senate Moves to Preserve and Expand Sexual Violence Prevention and Response Requirements for Public and Private Colleges and Universities

A bill that would preserve and expand federal requirements for College and University programs to prevent and respond to sexual violence on campus is moving through the Massachusetts State Senate. The bill, SB 2081, is, in part, an effort to solidify Title IX regulations and guidance concerning sexual misconduct issued by the U.S. Department of Education […]