Zalkind Duncan & Bernstein

pexels-shutter-speed-15406294-scaledLast month, the Massachusetts State House passed a bill (H. 5366) that would have the Commonwealth join fifteen other states in banning cell phones in public schools statewide and twenty-seven other states in requiring all users—including adults—to verify their age to use social media.  
Proponents of these policies argue that they are a step in the right direction in curbing compulsive cell phone and social

Photo of the John Adams CourthouseIn a decision issued this week, the Massachusetts Supreme Judicial Court (SJC) held that victims of sexual harassment in academic settings may sue individual harassers directly under G.L. c. 214, § 1C—the state’s sexual harassment statute. The ruling reverses a lower court decision that had dismissed a sexual harassment claim filed by Dr. Kristin Knouse against her former instructor, dissertation

pexels-rdne-7821904-1-scaledTo establish a viable claim of employment discrimination or retaliation, an employee must show, among other things, that they suffered an “adverse employment action.” While termination is a quintessential adverse action, less serious actions are also legally sufficient. In a recent decision in Walsh v. HNTB Corp., the First Circuit provided guidance as to when a performance improvement

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Last month, the Supreme Judicial Court issued a decision protecting the rights of low-wage workers to file lawsuits against their employer for unpaid wages. The decision concerned “anti-SLAPP” motions, which employees may file if, after they sue their employer, their employer countersues them solely to discourage the employee from proceeding with their original lawsuit. Specifically,

pexels-quachtungduong-28555739-scaledOn March 2, 2026, the Massachusetts Supreme Judicial Court (SJC) heard oral arguments in Commonwealth v. Mikai P. Thomson, a case that could provide further clarity on the Commonwealth’s ability to implement gun control legislation following the Supreme Court’s landmark 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen. Thomson was convicted of, among other

somesh-kesarla-suresh-hWqrI3CyPuM-unsplash-scaledpreviously discussed how some universities entered into agreements with the federal government to end civil rights investigations around topics such as antisemitism, transgender rights, DEI initiatives, and student protest. Other schools chose to bring legal challenges to the administration’s efforts to withhold funds to enforce their policy positions and have been prevailing in court. 
Ongoing Legal Battles 
Though their legal battle is

John_Adams_Courthouse_-_Suffolk_County_Courthouse_-_Boston_MA_-_DSC04718-1-scaledEarlier this week, the Supreme Judicial Court issued a decision on the rights of public employee whistleblowers. The decision clarified what activity is protected under the Massachusetts Whistleblower Act, G. L. c. 149, § 185 (“MWA”), and addressed whether a public employee who is partially responsible for wrongful conduct, but reports the wrongful conduct, can still seek protection under the MWA. 
Background 
In Galvin v. Roxbury Community College

Leading Universities ink deals with the Trump Administration 
Since taking office, the Trump administration has overhauled enforcement of federal anti-discrimination laws on college campuses, particularly the laws that prohibit discrimination on the bases of race and sex. Now, less than one year later, six leading universities—the University of Pennsylvania, Hartley_Hall_at_Columbia_UniversityColumbia University, Brown University, the

dollars-499481_1280Massachusetts Pay Transparency Law Goes Into Effect 
In recent years, in an attempt to address concerns related to pay disparities across race, gender and other group classifications, several states have adopted various forms of pay transparency legislation. On a macro level, these laws represent an attempt to remedy pay gaps that have historically existed