Last 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
Zalkind Duncan & Bernstein Blogs
Latest from Zalkind Duncan & Bernstein
Supreme Judicial Court confirms individuals may be sued for sexual harassment in education settings under state statute
In 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
First Circuit Evaluates PIPs As Adverse Employment Actions
To 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
SJC protects low-wage earners’ ability to sue for unpaid wages
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
SJC Weighs Age-Based Firearm Licensing
On 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
While some universities ink deals with the Trump administration, others are taking the executive branch to court
I previously 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
Should I use AI to get advice on legal claims?: Understanding the potential pitfalls of using AI in a legal context
Legal news is filled with stories about how lawyers, litigants, and judges are addressing the use of large language models (LLMs) like Claude and ChatGPT in court cases. While people are becoming used to using AI as a sounding board
SJC Confirms Broad Reach of Whistleblower Protections
Earlier 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
Leading Universities ink deals with the Trump Administration
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
Massachusetts Pay Transparency Law Goes Into Effect
Massachusetts 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