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Massachusetts Federal Court Rules that a Discrimination Claim Under Title IX Can Proceed

Aug 31, 2021

Employers are familiar with Title VII, the federal law that prohibits discrimination based upon a person’s membership in certain protected categories. Employers in higher education are also familiar with Title IX, a federal law which prohibits discrimination under any program receiving federal financial assistance.


In a typical Title VII case, an employee will bring a claim in the Massachusetts Commission Against Discrimination (“MCAD”). The MCAD requires that claims must be brought within three hundred (300) days of the alleged discriminatory act. The MCAD requirement is a relatively short limitation period, which means that employers will know relatively quickly when they are facing a discrimination claim. In a recent case, Harrington v. Lesley University, a U.S. District Court judge in Massachusetts ruled that an employee could proceed with a discrimination claim under Title IX. The ruling is important because it establishes two separate potential causes of action under Title VII and Title IX. It is also important because there is no procedural requirement to file a Title IX claim in the MCAD. This means that higher education employers face a longer statute of limitations, and no procedural MCAD filing requirement, in claims brought under Title IX.


This is yet another example as to why it is important for employers to periodically review and update their anti-discrimination policies.


If you have any questions regarding investigation of employee allegations, or any other aspect of employment law, please contact the attorneys at The Royal Law Firm.

06 Mar, 2024
Walking a Fine Line  By Trevor Brice, Esq.
14 Feb, 2024
Effective January 1, 2024, all businesses conducting and engaging in business within the United States, have one more requirement to add to their list. The Corporate Transparency Act (“CTA”), was passed by Congress in 2021, and recently took effect January 1, 2024. What is it? The Act requires businesses to report their “beneficial owners” to the government through a Beneficial Ownership Information (BOI) report. A “beneficial owner” is someone who owns 25% or more of the business or exercises substantial control over it. The reports are made to the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN), which has been tasked with maintaining a national registry of beneficial owners of the reporting companies. Why was this passed? The Act is Congress’ attempt to prevent money laundering, terrorism financing, tax fraud, and other illicit activities including human and drug trafficking and securities fraud (aka prevent shell corporations and hiding money). While shell corporations are not illegal, they can be used to engage in activities that shield entities from legal liability, which is disfavored by the government and courts. Certain circumstances actually benefit from the use of a shell corporation, i.e. where companies seek to take advantage of doing business “offshore.” However, the “bad actors” who abuse this business structure have used such strategies for personal gain and, according to the government, hide from legal liability. Who does it effect? The new reporting requirement affects all businesses, corporations, and LLCs, no matter how big or small. It also affects non-US entities that are registered to conduct business with any state or territory within the United States. How do you comply? To remain in compliance with the reporting requirement, business must file the report by year end of 2024. If you create a business this year, 2024, but before January 1, 2025, you will have 90 calendar days after receiving notice of the company’s creation or registration to file the initial BOI report. Notice is actual notice received or public notice by the secretary of state, whichever is earlier. Failure to comply could lead to financial penalties or jail time. Such penalties include felony convictions, $500 daily (for every day of non-compliance) penalty up to $10,000, up to two years in prison. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
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