On October 1, 2018, the Non-Competition Agreement Act went into effect in Massachusetts. While this new law provided employers and employees specific guidance with respect to noncompetition agreements, it did not apply to other restrictive agreements, including non-solicitation agreements, nondisclosure or confidentiality agreements, or invention assignment agreements. (View Article)
We live in a world where work often spills over into our personal lives. The concept of “off the clock” work has become increasingly prevalent, blurring the boundaries between professional and personal time. In this blog post, we’ll explore what off the clock work really means, the difference between professional and personal time, and the laws that govern work time. We’ll also address the difference between workers who are engaged to wait” and those “waiting to be engaged.” That’s a thorny little wicket. (View Article)
In today’s ever-changing job market, layoffs have become an unfortunate reality for many professionals. A layoff can be a distressing experience, with a lot of steps and a lotquestions. This blog aims to shed light on what a layoff entails, providing guidance on how to handle the situation, how to evaluate your severance and bounce back stronger than ever. (View Article)
In May 2023, Goldman Sachs reached a significant settlement in a gender discrimination lawsuit. The casesheds light on the persistent challenges faced by women in the corporate world and serves as a turning point for addressing gender disparities in the workplace. This blog post explores the details of the gender discrimination settlement and the potential implications it holds for other companies and other women facing issues at work. (View Article)
For years, there has been a persistent gender pay gap in the United States. According to data from the National Women’s Law Center, women on average earn only 82 cents for every dollar earned by men. The gap is even wider for women of color, with Black women earning only 63 cents and Latina women earning only 55 cents for every dollar earned by white, non-Hispanic men. (View Article)
Female faculty members at the University of Denver law school could be receiving a major payout if accusations by the Equal Employment Opportunity Commission (EEOC) prove accurate. In August, the agency sent the university notification that evidence of a gender pay gap was found during a recent investigation. According to the commission, these illegal practices date back to at least 1973, and the agency further alleges that the school “took no action to ameliorate this disparity, in effect intentionally condoning and formalizing a history of wage disparity based on sex.” The EEOC investigation stemmed from the complaint of a university law professor, Lucy Marsh.
In 2014, the university reportedly hired a consultant to provide a thorough evaluation of the law school’s pay structure. According to reports, the consultant determined that gender played no role in the process of determining compensation.
For questions about this and possible implications for you, please contact the team at Gordon Law Group to speak with an attorney.
Title IX requires colleges and universities who receive federal money to stop sexual harassment or violence on their campuses. Under this law, colleges and universities must have policies and procedures in place for students to make complaints and for the institution to address those complaints. The school must thoroughly investigate the complaint, and then inform those students of the outcome. And, students, administrators, teachers and coaches MUST be free from retaliation for making or supporting those complaints.
Philip Gordon of the Gordon Law Group, along with Elizabeth Rodgers of Rodgers, Powers & Schwartz are among the leading attorneys representing individuals who have suffered retaliation for making complaints or insisting that their university comply with Title IX’s requirements. While there remain many facets to Title IX, they focus specifically in sexual assault, sexual harassment and retaliation claims against colleges and universities.
Most recently, one of their clients, Dr. Kimberly Theidon filed a complaint against Harvard University for, among other things, denying her tenure in retaliation for supporting students complaining of Harvard’s failures to support victims of sexual assaults and gender violence on campus. [HuffPost Article] Dr. Theidon acted as an unofficial confidante for victims of sexual assault, and an advocate for Title IX compliance, and her career was ultimately penalized for her show of support.
If you are suffering from sexual violence, harassment or retaliation on campus, Title IX may protect you.
For more information on Title IX and how we might help you, contact us.
This information is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. While some may find this useful for understanding the basic issues and their legal context, it is NOT a substitute for experienced legal counsel and does not provide legal advice. Please contact the team at Gordon Law Group to discuss your specific case.
Title IX is a federal civil rights law that prohibits discrimination on the basis of sex against any person who participates in any federally funded education program. This means that many schools, colleges and universities across the country are subject to Title IX laws.
Contrary to popular opinion, Title IX does not apply just to college athletics. Title IX typically applies to 10 topics, ranging from standardized testing to technology. We focus here specifically on sexual assault and sexual harassment cases, and we have a history of representing clients in Title IX matter against their schools.
Furthermore, Title IX law does not just apply to female students. Title IX protects equal rights in federally funded education for each and every person involved. This includes students, staff, faculty and other employees. It also includes women, girls, men and boys; those with or without disabilities; and international and undocumented workers. Under Title IX, every person has a right to pursue education or work in education, free from sex discrimination, sexual violence and sexual harassment.
Title IX terms are often unclear, and the very nature of claims can make the process confusing. We’ve put together some key terms and definitions that should help you understand a little bit more about Title IX and filing a claim under Title IX. As always, if you have any questions, contact us.
Bystander Intervention – This model focuses on stopping sexual assault by teaching prevention and interruption skills. It includes education on sexual assault, speaking out against sexual assault, and understanding and interpreting situations that could lead to sexual assault before it happens.
Campus Grant Program – This is a fund given to colleges and universities, specifically for reducing sexual assault, domestic violence, dating violence and stalking on campus.
Clery Act – This is a federal law that requires higher education institutions to disclose and report statistics and information about campus crime, as well as prevention programs and policies. The information must be available to students, employees and the public.
Compliance Review – The Departments of Education and Justice periodically review federally funded educational institutions to check for compliance with federal laws, such as Title IX. Recently, many colleges and universities across the country have been failing to comply with Title IX laws.
FERPA – The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. This is not limited to academic transcripts. It also includes health records, disciplinary records and complaints.
Injunctive Relief – This is a court order (“injunction”) that requires a specific action. For example, a college may be required to provide counselling for a victim of sexual assault or made to improve education and training programs surrounding sexual violence and harassment.
Preponderance of the Evidence – This is the standard of proof in Title IX proceedings. It essentially means proving that it is more likely than not that sexual violence or sexual harassment occurred. This is significantly easier to meet than the well-known criminal standard: beyond a reasonable doubt.
Primary Prevention – The aim is to prevent sexual violence from occurring. This may be through training and education programs. Bystander invention is an example of primary prevention.
Responsible Employees – This term refers to any employee who is authorized to take action regarding sexual violence. It may also refer to someone who reports the incident to the Title IX coordinator or someone who a student may consider to have the authority.
Retaliation – Title IX law makes it unlawful to retaliate against an individual either before, during or after a complaint has been made. Retaliation includes intimidation, threats, coercion, harassment, bullying or creating a hostile environment.
Title IX Coordinator – Federally funded educational institutions must designate at least one employee to ensure compliance with Title IX. That person must be trained in sexual violence and sexual harassment cases and oversee all Title IX complaints.
Violence Against Women Reauthorization Act of 2013 – This amended the Violence Against Women Act and the Clery Act (see above) to update the requirements of how schools prevent and respond to sexual violence. The new requirements include primary prevention education, awareness programs, statistics on stalking and sexual assault (already required), issuing complainants a written notice of their rights, and updating grievance policies.
White House Task Force to Protect Students from Sexual Assault – Established by the President in January 2014, the task force is charged with improving and sharing practices regarding sexual assault, increasing transparency and public awareness, and improving enforcement.
Title IX is a critical federal law. Almost every person in the United States (citizen or non-citizen – it applies to both) is protected by Title IX at some point in their life, be it during grade school, high school, or higher education. Furthermore, Title IX applies to everyone who is connected to federally-funded education, from staff to students, and from presidents to professors. However, while Title IX is a well-written law, the failures appear in application and enforcement, typically by educational institutions ill-prepared to dealing with sexual violence or sexual harassment despite their legal mandates.
Here are some sobering statistics and thoughts, courtesy of TitleIX.info, that highlight how much work needs to be done:
If you have any questions about this blog, or would like to speak to someone about sexual violence and harassment, please contact us today.
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