The Employment Law Counselor

On July 3, 2023, the Chica Project, African Community Economic Development of New England (ACEDONE), and Greater Boston Latino Network (GBLN) (collectively the “Complainants”) filed a civil rights Complaint with the Department of Education alleging that Harvard College’s (“Harvard”) continued use of “Donor and Legacy Preferences” violates Title VI of the Civil Rights Act of 1964 (“Title VI”). The Complainants argue that the Donor and Legacy admission preferences are not necessary to achieve an important educational goal and have a “significant” ... Continue Reading

The United States Supreme Court recently reshaped the relationship between universities and the athletes who play college sports in National Collegiate Athletic Association v. Alston et al. In the Alston case, the Court upheld a trial court injunction against NCAA rules that limit the education-related benefits schools may offer student athletes. Notably, the Court did not consider the lower court’s rulings that upheld NCAA limits on noneducational benefits and compensation that student athletes may receive. Regardless, in a unanimous opinion, the Court noted deep skepticism about the “amateur label” of college sports as argued by the NCAA and ruled that the NCAA’s rules restricting education-related benefits violate federal antitrust laws. In a concurring opinion, Justice Kavanaugh specifically noted that the argument “that colleges may decline to pay student athletes because the defining feature of college sports … is that the student athletes are not paid … is circular and unpersuasive.”Continue Reading