Word: schkolnick
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...SCHKOLNICK'S case would have been much stronger had she filed it before 1985, when Harvard broke ties with the final clubs. Were they still an official part of the University, the clubs would undoubtedly have been found to violate the Massachusetts General Law provisions on which Schkolnick based her case...
...final clubs discriminate illegally against women, we cannot simply declare that all of MCAD's findings were wrong. The commission was right that the club's connections to the University do not, of themselves, make the club "public accomodation" under a narrow definition in Massachusetts law. Complainant Lisa J. Schkolnick had to prove that the Fly Club is such "public accommodation" to win her case...
...discrimination complaints have been subject to a different standard of scrutiny than other cases. The assumption at the outset of such cases is usually in favor of the plaintiffs. The burden of proof thus should have fallen on the Fly Club. Instead, it seems to have fallen on Schkolnick and her attorney...
...likely that Schkolnick will appeal her case to MCAD, and receive a judgment from the entire commission instead of just one commissioner. In reviewing Schkolnick's appeal, MCAD should correct the procedural mistakes it has made this time around...
...Legally, Schkolnick may have a point; she's a law student who knows a lot more torts than I do. But her argument disguises the moral absurdity of her position: insofar as the Fly Club is a party-throwing, public, social organization (although certainly not a major component of most Harvard students' social lives), it does not discriminate against women...