Tag Archives: law

Protecting College Students From Hate: New York State Version

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Cut the Confusion

       Employers, and the rest of us, are understandably confused these days about what the rules are, how to enforce them, and how to carry on and stay calm. There are those who ascribe to the belief that chaos is necessary to create a new and better society. I am not one of them. One day we are told that any reference to DEIA is forbidden. The next day academic institutions are being charged with violating Federal law by allowing antisemitism to take place unchecked. The alleged rules shift again and again and again. The result: no one knows what to do or not to do. Well, almost no one.

       There are several states that are currently shoring up their legislation to assure that people, especially students, are protected under state law, as Federal protections are not being enforced which, despite any statements or conduct in contradiction to this, are still in effect.  

The Laws

       Here are some simple definitions of Federal statutes relating to discrimination in higher education and related links for more information.

       Title VI of the Civil Rights Act of 1964 prohibits discrimination by recipients of Federal funds.

       Title VII of the Civil Rights Act of 1964 prohibits discrimination by employers of more than 15 people on the basis of a protected class and establishes the U.S. Equal Employment Opportunity Commission to prevent any person from engaging in any unlawful employment practice.

       Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in any education program or activity receiving Federal financial assistance.

       Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of physical or mental disability by any program or activity receiving Federal financial assistance.

       Title II of the Americans with Disabilities Act of 1990 (The ADA) prohibits state and local governments from discriminating on the basis of disability. The U.S. Department of Education enforces Title II in public colleges, universities, and graduate and professional schools.

State’s Rights

An imge of the US Constitution

Amendment X (1791) to the United States Constitution [the ‘States’ Rights amendment]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

       The way that I explain jurisdictional protections against discrimination is with a pyramid. The Federal Government is at the top of the pyramid, the State is below that, local government comes next, and organizational policy is at the base.

A pyramid with multi-colored segments labeled from top to bottom: Federal Laws, State Laws, Local Laws, Organizational Policies

       Everyone in the United States is required to comply with Federal laws. The laws established at the State level may provide additional protections which do not violate Federal laws. Cities may provide even more protections then exist at the State level, again, as long as those laws do not violate State or Federal laws. Organizations may establish policies that go beyond the laws as long as they do not violate them. For example, a policy granting two weeks of paid vacation is above and beyond legal requirements for leave. (Employment policies covering union members are agreed upon through the collective bargaining process. Policies for public employees (local, State or Federal) will necessarily abide by the policies established within the governing jurisdiction.

New and Improved

       On August 26, Governor Kathy Hochul of the State of New York signed the Stavisky/Rozic Bill (NY State Assembly Bill 2025-A5448B) requiring all colleges and universities in the State of New York[i] to

       have a designated Title VI coordinator (who is to be trained) responsible for addressing allegations of discrimination
       conduct education for employees and students on an annual basis

       This is a reinforcement of existing statutes which specifically provides both the commitment (designated staffing) and the accountability (training) needed to protect students from discrimination and hate crimes at the State level. The New York State Division of Human Rights protects students from discrimination based on specific characteristics known as protected classes and has oversight for this law. 

       The bill does not provide details regarding the methodology for the Title VI Coordinators’ training or the education to be administered to students and employees, nor does it specify any requirements for those who conduct that training. This is an opportunity and a challenge. The critics of all things DEIA have used examples of those who may be passionate about preventing discrimination and hate crimes but may not have enough practice doing so to destroy confidence in this field of work.

       There is a huge difference between effective training and informational webinars. I am a strong advocate for the former. The subject of hate crimes and discrimination are fraught and require a deft and deeply experienced approach if they are to be effectively addressed. I urge the State of New York to carefully research and implement effective educational methodology and to include requirements for who is qualified to conduct this training.

       A good example of this is the State of California which includes requirements for both training and trainers as part of their sexual harassment prevention law.[ii] I would add that Title VI Coordinators be required to have a background in antidiscrimination policy implementation, investigation of complaints, and education and outreach. The law goes into effect on August 26, 2026 so there is time to create policy, protocols and procedures for best practices and accountability.

       This is an opportunity to create change, protect students and employees from discrimination and hate crimes, repair an incredible chasm of distrust and solidify New York State’s commitment to diversity, equity, inclusion and access.

Practitioner

       Working in the public sector, Title VI was an important part of that work as we were responsible to protect employees and members of the public from being subjected to hate crimes, as well as employees from members of the public committing hate crimes. For example, if a passenger on the Staten Island Ferry is discriminated against (based on a protected class status such as race, ethnicity, religion, etc.) they have the right to file a Title VI complaint with the City of New York. If the same passenger sexually harasses an employee working on that ferry, the employee and the City have the right to sue the passenger for violation Title VI. The State of New York (and several others) reinforce the Federal Statutes by enacting laws that echo them as does the City of New York. So, violators are subject to Federal, State and City laws.

       I was a core member of multiple teams responsible for developing and implementing policies on Title VI, Title VII, Title IX, Section 504 and the ADA for the City of New York. I have also developed policies and protocols for various individual governmental agencies outside of NYC and have trained thousands of employees and practitioners on these subjects.  

       Having consulted with multiple academic institutions on matters under the aegis of both Title VII and Title IX, I am fully aware of the specific nuances and complexities of each when trying to establish real accountability and measurable change. Navigating the convergence of the various groups involved: tenured faculty, union members, student unions, parents, community organizations and governmental leaders can be precarious, to say the least.  I also understand the interdependence of elected and appointed officials and those charged with leading independent organizations when it comes to protecting all people from abuses based on their protected class status.

       I salute Governor Hochul’s commitment to protect the people of the state of New York and gladly offer my services to assist in this endeavor as one uniquely suited to do so.

       Onward!

       Wendy Amengual Wark

September 9, 2025

[i] defined as a college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York state

[ii] https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2019/10/AttachF-EmployRegHarassmentPreventionTraining.pdf

Wendy@InclusionStrategy.com

 

Protection Racket

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Right of Refusal

Alan Dershowitz has made the headlines by threatening to sue a food vendor at the West Tisbury Farmer’s Market on Martha’s Vineyard[1][2] for refusing to sell him their pierogies. The vendor allegedly based their decision on Mr. Dershowitz’ words and actions. Subsequently, Mr. Dershowitz allegedly tried to get other patrons of the market to boycott said vendor, allegedly claiming initially that he was being denied service because of his political beliefs then, allegedly modifying his statement to assert that he was being denied service because he is an avowed Zionist. Neither of these categories are protected classes under the law.

Protected Classes

            Title II of the Civil Rights Act of 1964[3], as amended, protects individuals from discriminatory treatment based on their membership of a protected class group and guarantees their Constitutional rights despite that status.  

Protected Class groups under Federal Law in the United States include the following:

  • Race
  • Color
  • Religion
  • Sex (including sexual orientation and transgender status)
  • National origin
  • Age
  • Pregnancy
  • Disability
  • Genetic, medical history

[Many U.S. states and local governments have additional protections.]

I have been asked countless times about whether political beliefs are a protected class—the answer is ‘no’. I am then often asked, “Why not?”

The answer is this: A protected class group is established based on a demonstrated pattern of discriminatory treatment based on a person  being a member of that group. For example, Black Americans can easily demonstrate discrimination based on their Race through abundant evidence of refusal of service at lunch counters, buses, trains, hotels, grocery stores, gas stations, schools, public pools, hospitals, movie theaters, banks, and etc.

Women can demonstrate discrimination based on their Gender through abundant evidence of being denied equal employment opportunity by companies that refused to hire women or only hired women into low paying jobs, or paid women less than men doing the identical work based on identical experience and qualifications, being denied access to credit or housing, and being subjected to Sexual Harassment.

What is not protected is my interest in gardening or cooking or reading or traveling or other hobbies of mine. Nor is my being a member of a particular organization, such as the YWCA.

Rule of Law

When I have investigated claims of disparate treatment (being treated differently based on belonging to a protected class group), I looked for evidence to support the claim. Have other members of the same group also been denied service? Have members of other groups been provided service? Have members of other groups been treated differently than the members of the protected class group? In other words, is the pierogi vendor selling their goods to other members’ of Mr. Dershowitz’s ‘in groups’ (political or other) or also refusing them service? If not, I would not be able to make a determination of  ‘probable cause’ (meaning it is probable that discrimination occurred).

If a vendor finds ones’ words and actions offensive and as a matter of principle refuses to provide a service based on that position, it is not illegal. [Note: While I am not a lawyer, I have investigated thousands of discrimination claims (under Title VII of the CRA[4] and protections from discrimination under state and local laws in my career.] When incidents such as this involve people who are widely known based on television appearances and their relationships with very famous and infamous people, it would be difficult to separate their publicly made statements and easily documentable actions from face-to-face interactions and observations.

At a time when the current administration is dismantling the protections of members of the classes listed above and banning the very language that we use to describe the circumstances that made it necessary for these laws to exist in the first place, it is bitterly ironic that supporters of these actions attempt to use that same language to protect themselves from the consequences of their actions.

I have been writing for years about the importance of words as actions and also the importance of accountability. See Newton’s Third Law (for every action, there is an equal and opposite reaction). When someone behaves in a deplorable manner, it is appropriate that someone else informs them that their behavior is unacceptable.

Onward!

Wendy

August 3, 2025

[1] https://www.wtfmarket.org/

[2] https://www.mvtimes.com/2025/07/31/dershowitz-takes-west-tisbury-farmers-market/ https://vineyardgazette.com/news/2025/07/31/dershowitz-takes-issue-farmers-market-after-pierogi-denial

[3] https://www.archives.gov/milestone-documents/civil-rights-act

[4] https://www.eeoc.gov/equal-employment-opportunity-laws

 

Surviving Predators

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Trigger Warning
This post includes references to the of abuse of a child and to attempted suicide.

Without Hope
As an abused child, there were many days when I was without hope. Without hope that tomorrow would be better than today. Without hope that anyone could save me, as those who were meant to do so were the perpetrators of that abuse—the predators whose disease fed on my existence—my parents. Without hope that anyone could possibly understand what I was experiencing as my life was the opposite of what was depicted as the ideal American life on television shows designed to project an image of wholesome righteousness during the early nineteen sixties when millions of us ‘Boomers’ were glued to our TV sets.

Without hope that someone would or could come and rescue me, I did what many hopeless people do, I attempted to end my life. I experienced a cycle of suicide attempts multiple times that ended before I turned 18. A dear friend said to me years ago, “I am grateful that the one thing that you are really bad at is suicide!” Years of incredibly competent therapy and living a life surrounded by people who love and nurture me, have kept me on a path of healing.

The current state of our world is incredibly triggering for myself and my fellow survivors. We are re-experiencing a time when predators can feast on the rest of us without constraint. When perpetrators of horrendous crimes go unpunished and unchecked. When those charged with protecting us and the greater good of upholding the law and maintaining order have a record of telling lies, perpetrating abuse, discriminating against, and bullying others. When reality is the opposite of all that we worked for, dreamed of, and thought that we overcame.

It is not that I hold any delusion of living in a post-racist, equitable, inclusive society, I would not have as many clients as I do if this were so. I did, despite my history, think that we were progressing, evolving. Alas, I forgot how predators work. I have lived with many predators other than my parents – cats and dogs, mainly. Predators can wait a really, really long time for their prey to forget that they are lurking in the shadows to pounce. When predators are sated but bored they tend to play with their food. Cats will play with wounded prey for quite a while as a means of entertainment. Think of the thriving pet toy market.

This is the same way that bullies operate. They need their targets (or victims) to respond. To cry, complain, react in some way. Hence, the expression, “Liberal tears.” Sometimes, the best way to shut down a bully is to ignore them. Going back to the anecdote about predators, the best defense for members of species that are considered prey for other species is to play dead. There are countless examples of this, the most famous being the opossum, which plays dead involuntarily. If the predator is not truly hungry they will usually not exert the energy needed to try to find out if their prey is really dead already. In terms of bullies, if they are ignored, two things may occur: first, they may become bored by playing a two person game alone. Second, their ego may take a hit as the oxygen narcissists crave is attention. If one target does not provide it, they will usually move on to another. Think of the multiple forms of adrenaline rushes available to those hooked on it.

Never Enough
My husband goes fly fishing. He has shared a story of fishing for trout that many people who fly fish have experienced. When removing the hook from the mouth of a trout, he saw that there was not just another insect already in its mouth, but several more in its throat. So many insects that the fish could not possibly even swallow them. Why did the fish go after yet another fly when it was already full? Because the fish is not thinking about tomorrow. The fish is only thinking about getting as much food as possible right now. Similarly, there are those for whom there is never enough money, power, toys, or followers.

Survival in Numbers
Watching nature programs as children we learned that those who strayed from the herd, whether babies or elders, were easy pickings for the predators. We would watch between our fingers as the lion got the poor gazelle in its sites and would wait for just the right moment to spring and end its life. I would whisper into my hand “Stay with the herd! Stay together!” This was a tactic that I learned growing up on the sidewalks of the projects and in my apartment both. I was safer when I was with a group.

I have been watching people scatter and panic and give up without even trying to survive. Sometimes on those very same nature shows, a group of animals who are typically the prey would flip the script and take down a hyena or a tiger. I have seen groups of birds—from multiple species—come together and protect their community from a red tailed hawk so effectively that I would think that they had done a few strategic planning sessions. [This is an inside joke for my clients and colleagues.]

The Moral of the Story [Another reference to strategic planning.]
Hope, strategic hope, requires that we have a vision for tomorrow, of a brighter tomorrow. When I was in my darkest hour, I would visualize those who I loved, those who would be traumatized by my death, who would mourn my absence. Those visions have motivated me to stay around for decades and still give me hope for the future. I think of all of the young people who are currently enrolled in college or attending high school or junior high school or third grade. Then, I think of that question that interviewers will often ask famous people, “What would you tell eight year old Wendy, if you could?”

“Wendy, this is temporary and you will survive. It will require you to work really hard and to talk to others who you think are doing fine (they are not) and form a club. That club needs to be inclusive and diverse and every voice needs to be heard and no matter what the predators say or do, you have to stay together.”

What Does Together Mean?
Anyone who grapples with depression knows that the worst thing for us is isolation. We cannot do this alone. We should not do this alone. We will not do this alone.

For years in my workshops I have explained the difference between diversity and inclusion this way. Diversity is a fact. We, within our species, are diverse. We come in various shades and sizes, we speak many different languages, we eat a wide range of foods, and we have an extraordinary variety of affinities and identities which, when intersected make us who we are. Inclusion requires action, continual action. First, I must invite you to join me. Then, I must treat you with value, to listen to you and learn what you need and want. Finally, I must be willing to change how I do what I do.

Survival Tactics
Back to how triggering all of this power shifting is for most of us. Some recommendations for being mindful of others’ state of being:

Do not send people links without a description. I have had multiple friends send me links in the past few weeks without telling what the link is to. I will not open them. Not only am I tired of being bombarded by scammy texts and emails and the relentless requests for donations, I am too emotionally charged these days to click on a link and see a video of someone ranting about how bad things are, or to a bunch of statistics about how bad things are, or of an image depicting how bad things are. Also, please do not send cartoons, memes, or ‘witty’ quips about those about to take control. They are not funny.

Verify everything that you read. The volume of disinformation being spread by predators will continue to exponentially increase. We must diligently verify any ‘news’ that we take in to confirm that it is the truth, the whole truth, and nothing but the truth.

Do not amplify the voices of those who are lying, gas lighting, or hate speaking. Part of how we got to this place is that those voices have been broadcast consistently and without filtering or question for years on corporate media.

Do not assume that others are alright. Ask. I have a long history of becoming quiet when I am not doing well emotionally. Those closest to me know this and check-in. They ask how I am and what I need or want. Sometimes, just their asking makes me feel better, connected, and loved.

Remember that you are not alone. The 988 Suicide & Crisis Lifeline connects you to trained crisis counselors 24/7. You can also call, text or chat 988 if you are worried about someone you care about who may need crisis support. Please remember that others need you and want you to be here.

One of the things that helped me to break out of my cycle of self-harm was helping others. When I was sixteen, I volunteered at a cancer ward for terminally ill children under thirteen. At that point, I was no longer subjected to the abuse that I endured for the majority of my childhood. I would bring my acoustic guitar and play songs like “Puff the Magic Dragon,” and “B-I-N-G-O,” to the delight of the kids who were in ward. Those children engaged in persistent joy and it was contagious! They made my heart sing. Connection with and supporting others was and is a lifeline for me.

An Invitation
I was a very imaginative child. My imagination saved me again and again. These days, I am picturing myself as a French Resistance fighter during World War II. I am wearing a black beret; I am smoking a Gauloises cigarette and cranking a ham radio. I am calling you. I hope that you can hear me and will respond, s’il vous plait.

I am cordially inviting you to join my club. Many of you are already members, but I think this is a great time to remind you how much I value you and all that you are and do to make our world a better place. I do not know what we should call this club. Perhaps, the club for people who practice resilient love, or the we have been through too much to give up now club. Whatever we call it, we need to come together and stay together and protect each other and our world.

Onward!

Wendy Amengual Wark
December 11, 2024

A photo of the New Jersey Palisades cliffs covered in fall foliage October 2024

This golden morning view gives me incredible hope and joy and makes my heart sing with love.

Wendy@InclusionStrategy.com
Inclusion Strategy Solutions LLC

 

Divided We Fall

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Divided We Fall

As we watched the protesters make their way up Columbus Avenue, past our building on 95th Street, we realized that they had walked all the way from 14th Street and Union Square and were going to join those already gathered at 125th Street in Harlem. My heart both leaped and sank. My heart sank because the decision by the Grand Jury of Ferguson, MO not to indict Police Officer Darren Wilson of any wrong-doing in the matter of his shooting Michael Brown to death on August 9, 2014 had been announced earlier that evening. [For a timeline of events, see the NY Times: http://www.nytimes.com/interactive/2014/11/09/us/10ferguson-michael-brown-shooting-grand-jury-darren-wilson.html?hp&action=click&pgtype=Homepage&module=b-lede-package-region&region=top-news&WT.nav=top-news] You will be also able to find a great deal of legal analysis of this matter through a quick internet search.

So, why did my heart leap? My heart leapt because we have the freedom to protest an act that many people have determined to be an example of injustice based upon the circumstances of Michael Brown’s race. Petitions were distributed within minutes of the announcement and many individuals and organizations have expressed their commitment to continue to work toward improving our systems of justice and law enforcement.  This nation has been founded on the principal that we have certain inalienable rights, and since the passage of the 13th, 14th, 15th, and 19th Constitutional Amendments, http://www.archives.gov/exhibits/charters/constitution_amendments_11-27.html  those rights have belonged to all U.S. Citizens. We have a legacy, in fact a responsibility to defend our rights and the rights of others, which is why we have a jury system, a jury of our peers, who hear arguments from both the prosecutor and defense attorney, is supposed  protect our rights under the law.

Barriers

When the decision was announced at approximately 9:30 EST on Monday, November 24, the internet lit up with millions of comments. People wrote of despair, heartbreak, rage, disappointment, disgust, and sadness. Others wrote hateful things, racists things, dividing things about those who grieved and mourned. Then, images began appearing of violence in Ferguson, MO. Images also appeared of peaceful protests in Ferguson and across the country; however, the predominant images posted by the media were of looting, burning, and violence. Let’s be very clear: violence solves nothing. Looting, burning of shops and destruction of property is worse than an exercise in futility – these actions result in raising barriers to inclusion and reinforcing the stereotypes held by many who do not understand the reasons for riots or even protests.

Individuals who believe that they are not represented by the justice system or their government may stop voting and if their frustration over their inability to effect change or achieve social justice reaches an extreme level, they will react not in a rational, ‘cool-headed’ way, but as a mob, pushed to mindless rage. There is not a specific cause and effect to riots. In other words, rioters or looters do not necessarily attack shops owned by people who treated them rudely or those with contents of the greatest value, there is just a need to vent. I experienced several riots in the 1960s first-hand and will never forget the enormity of the despair that consumed my community. The events of this past week have brought back those memories and feelings.

Haters ‘Gonna Hate

Since last Monday evening the twitter-sphere has been deluged by a steady stream of hate speech. I will not quote any of the comments here. I will state that although I have spent my life fighting hatred and have heard and read more racist comments than I care to count throughout my career and life, the sheer quantity and vitriolic intensity of many of the comments posted during the past eight days has shaken me. We do NOT live in a post-racial society. Racism is as prevalent today as it was in 1865. Yet, most people are fairly polite when they meet other people, in person, who are different from themselves. But if the numbers of comments on the internet in response to the events in Ferguson are any indication, we need to pay close attention to the reality that many people who are not discussing ‘the Ferguson matter’ at work, have very strong thoughts and feelings about this matter, which they are expressing elsewhere.

Some insight is offered by “The Whiteness Project,” being produced by PBS Video. This is “an interactive investigation into how Americans who identify as “white” experience their ethnicity.” http://video.pbs.org/video/2365320408/  The comments made by several of the participants indicate a profound lack of connection with or empathy for African Americans or their experiences. They also exemplify our nation’s deep polarity along racial lines which appears to be increasing rather than diminishing.  [This project certainly warrants an entire blog post, but as it is relevant to this topic it is included here.]

Can We Talk?

We need to address the responses to the reactions to the announcement in Ferguson, MO by creating a forum for productive dialogue. This dialogue needs to be based on the desire to experience empathy. It is only through empathy that we can begin to understand behavior or feelings that seem foreign or unacceptable to us.

It is with this in mind that I am making the following request:  How do you think you would feel if you were an 18 year old African American man living in the United States of America right now, observing all of the news, media and internet commentary regarding the events in Ferguson, MO?

Please, think this through very carefully before responding. As you try to walk in this person’s shoes, remember that the exercise is not based upon fashion or wardrobe choices, vocation, educational status, profession, religion, political affiliation, class, region, whether one was raised in a home with two loving, supporting parents or by a single parent, this has only to do with the circumstances of one’s birth – to be born as an African American male in the United States of America in 1996.  Can you imagine how you might feel during this past week reading all of the headlines on “the Ferguson matter”? [If you are, or ever have been, an 18 year old African American man, please share your comments as well!]

Please send me your comments and – for the love of our country – let’s not be polite! Let’s start to talk about race honestly, openly, respectfully, and with the intent to work on healing a nation that has been poisoned by racism since long before it was a nation.

If you have not asked yourself questions like this before, isn’t this the time to begin?

Onward!

~ Wendy

wendy@inclusionstrategy.com

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