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

August 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.

April 18, 2025
Employee's Wage Act Claim Case Overview : In Turgut v. Hitachi Rail STS USA, Inc., Plaintiff filed a putative class action against a company, Defendant, alleging violation of the Wage Act by not paying wages within six days of the pay period's end. Defendant argued that its employees fell under the exception that allowed seven days for payment; however that exception only applies to hourly workers that work all seven days of a work week. The plaintiff is looking to represent a class of employees that received W-2 wages in what he alleges was in an untimely manner. The case was originally filed in state court on February 20, 2025 but was moved to federal court. Reason for Treble Damages: Under Rueter v. City of Methuen, the seminal case regarding the Massachusetts Wage Act (“Wage Act”), the proper measure of damages under the Wage Act is treble damages. Previously employees were only entitled to interest on the unpaid wages if the company paid before proceedings started. It kept noncompliance from being as costly as it is now. Currently any violation can be subjected to treble damages for the total amount of the alleged late payment. It’s expected that we will see more cases pick up by attorneys because the treble damages make it worthwhile for their clients as well as themselves, given this recent ruling. Judge's Ruling : The Judge ruled that the six-day deadline applies. The Judge stated that while the complaint didn’t make it clear if plaintiff is hourly or salary, plaintiff only worked five days a week, meaning that the seven-day exception did not apply as the Wage Act was written. Legal Implications Legislative History : The Wage Act provides different deadlines for an employee’s final pay based on the number of days worked in a week. This case also emphasizes that having salaried workers on staff does not fulfill the requirement of having employees work seven days a week. Significance of One Day : The judge emphasized that even a single day's delay in payment can significantly impact employees living paycheck to paycheck. What Employers need to know Make sure you’re aware of your employees’ pay cycle and make compliance a company priority. It’s more cost effective to pay a day or two earlier than it is to head to court over claims of violations. This ruling expands on the Reuter ruling by clarifying the Wage Act rules in relation to hourly employees. If an hourly employee resigns, ensure that automatic payment systems (as well as the employer’s own internal pay systems) are aligned with the requirements of this ruling. 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.
April 10, 2025
Though the Difference Makers event has come to a close, let's continue to shine a light on the transformative power of giving back to our community! Every year, The Royal Law Firm is humbled to be a part of this incredible event that spotlights the brightest stars in our community. We can't wait to celebrate the 2026 Difference Makers and the boundless impact they'll have!