Legal Updates – December 2023


By:  Claire Sweetman

Colorado FAMLI (Paid Family Leave) Benefits will begin January 1, 2024

Starting on January 1, 2024, Colorado employees will be able to submit claims for paid benefits to the state as part of the Colorado Family and Medical Leave Insurance program (FAMLI).[1] FAMLI is funded both by employee and employer payroll contributions and is administered by the State of Colorado. Employees should apply directly for FAMLI on the state’s website: A FAMLI administrator will notify an employer when an employee has been approved for benefits and requires time off work. If approved, employers must maintain health care benefits for employees while they are on family leave. Similarly, the employee remains responsible for continuing to pay their contribution. Additionally, employers must display the FAMLI notice in a common area in the workplace and distribute the notice to remote employees working in Colorado.[2]

Oregon State Female Athletes File Class Action Title IX Lawsuit

On December 1, 2023, a group of thirty-two women athletes at the University of Oregon filed a federal class action sex discrimination lawsuit against the school.[3] The named plaintiffs include twenty-six members of Oregon’s women’s beach volleyball team, and six club rowers.[4] The plaintiffs argue that Oregon has violated federal law by depriving them of equal treatment and benefits, equal athletic aid, and equal opportunities to participate in varsity intercollegiate athletics.[5] They alleged that Oregon did not fulfill any of the three “prongs” used to determine Title IX compliance: (3) participation proportional to enrollment, (2) expansion of opportunities, and (3) accommodating existing interest.[6]

Arthur Bryant at the firm Bailey Glasser LLP is the lead counsel for the women. The suit is a result of a July investigation by The Oregonian that revealed numerous instances of what Bryant labeled as “blatant” sex-based discrimination.[7] Said Bryant: “. . . I was stunned when I read the article, and I was eve more stunned when the university’s lawyers were utterly dismissive (of the athlete’s complaints). They didn’t take it seriously, they denied there were any problems . . .”[8]

Perhaps the most egregious example of non-compliance is that the beach volleyball team, which has been a varsity sport at the University since 2014, does not have its own facility and is required to practice at a public park.[9] Oftentimes, the restrooms at the park are locked because of drug use issues. Said the beach volleyball captain and lead plaintiff Ashley Schroeder: “Based on the way the beach volleyball team has been treated, female athletes at Oregon do not need much food or water, good or clean clothes or uniforms, scholarships . . . a locker room, proper transportation, or other basic necessities.”[10] Schroeder also stated during the press release that the team was unable to practice this week because a person sadly died near the public courts that they use.[11] However, as Schroeder pointed out, the “men’s teams have full scholarships, multi-million-dollar budgets, and professional level, state-of-the-art facilities.”[12] The complaint includes photos of the football team’s abundant facilities, which include an “athlete fitting room” that features a replica of the wooden throne from The Kingsman movie franchise.[13]

The rowing plaintiffs contend that the University refuses to sponsor their sport at the varsity level, depriving them of the ability to earn athletic aid and hindering their futures, in direct violation of Title IX.[14] Beyond scholarship money, the athletes are seeking damages for gender discrepancies in the other ways that the University’s athletic funds have been allocated, including facilities, mental health services, travel accommodations, daily allowances, equipment, locker room provisions, and compensation of its coaches. Said Schroeder: “I love the University of Oregon, but this hurtful, outrageous sex discrimination has to stop.”[15]




[4] Id.


[6] Id.

[7] Id.; see also


[9] Id.

[10] Id.

[11] Id.

[12] Id.


[14] Id.

[15] Id.