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Office for Civil Rights Issues New Guidance for Title IX Coordinators

The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third...more

Office for Civil Rights Issues New Guidance on Title IX

On April 24, 2015, the United Stated Department of Education Office for Civil Rights (“OCR”) issued a Dear Colleague Letter (“DCL”) regarding Title IX Coordinators and a new Title IX Resource Guide....more

Former Harvard Professor Files Title IX Lawsuit After Being Denied Tenure

Over the past year, an exceptional number of colleges and universities have been accused by both complainants and accused students of mishandling complaints of sexual misconduct in violation of Title IX. Now, in a somewhat...more

Justice Department sues university in Oklahoma on behalf of transgender professor

One of the Equal Employment Opportunity Commission’s stated 2015 priorities is applying Title VII’s sex discrimination protection to lesbian, gay, bisexual and transgender individuals. This focus is illustrated by a recent...more

U.S. Department of Justice Files Lawsuit Against Southeastern Oklahoma State University for Transgender Discrimination

Last week, in a rather bold move, the United States Department of Justice filed a lawsuit against Southeastern Oklahoma State University (“Southeastern”), alleging that the school discriminated against a transgender professor...more

It's Time to Start Planning Your Summer

It is hard to believe that the 2014/15 school year is coming to a close. Summer projects beckon. So, what should be on the list for your summer (other than some vacation time)? Ideally, if you haven’t done it lately, you...more

Recent Case Reminds Schools of First Amendment and Title VII Responsibilities in Employment Context

Recently, the Northern District of Illinois issued its opinion in Wong v. Board of Education of Community Consolidated School District 15. Although the court’s decision does not address novel arguments or depart from prior...more

Justice Department Files Lawsuit Alleging that Southeastern Oklahoma State University Discriminated Against Transgender Woman

WASHINGTON - The Justice Department announced today the filing of a lawsuit against Southeastern Oklahoma State University (Southeastern) and the Regional University System of Oklahoma (RUSO) for violating Title VII of the...more

NSBA Concerned About Recent Supreme Court Decision’s Impact on OCR Investigations

The National School Boards Association (NSBA) recently expressed its concerns over the Supreme Court’s recent landmark ruling in Perez v. Mortgage Bankers Association, which allows federal agencies to issue “interpretive...more

Must Gluten-free Be Free? What You Should Know About Celiac Disease and the ADA

Restaurants nationwide are beginning to offer gluten-free alternatives to regular menu items. This is welcome news to those long suffering from celiac disease, a chronic and serious immune reaction to eating gluten, a protein...more

Court Denies Summary Judgment to Employer on Professor’s Allegations He Was Denied Tenure After Reporting Inappropriate Facebook...

A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more

Religious Institutions Update: March 2015

Several interrelated legal developments make it more important than ever for religious institutions intending to qualify for exemptions to generally applicable laws to do the hard work before litigation or administrative...more

South Carolina Legislative Update

The South Carolina House of Representatives last week adopted the South Carolina Pain-Capable Unborn Child Protection Act, several ethics reform measures, and revisions to the South Carolina Whistleblower and Public Employee...more

Reasonable Accommodation of a Disability Does Not Require Elimination of an Essential Job Function

The federal Americans with Disabilities Act prohibits discrimination in employment against a qualified individual on the basis of disability, and discrimination includes failing to make a reasonable accommodation. The...more

Ex-Dallas ISD Employees Say HR Department Operated Through Fear, Retaliation

Shortly after Chrystal Thierry refused to approve some extremely high pay raises for several top administrators within the Dallas Independent School District, she says she became the victim of retaliation. As the compensation...more

Why Employers Should Think Twice Before Making Employees Play Hurt

Recently, my Alma Mater, The University of Southern California, was sued by a former member of the Trojan football team. Former cornerback Brian Baucham filed a lawsuit against USC and former coach Lane Kiffin, alleging he...more

Developments in Pregnancy Discrimination Law: UPS, EEOC, and I

Readers of this blog have seen several posts on the topic of pregnancy discrimination. In the last couple of weeks, the following additional developments concerning the topic have occurred...more

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson...more

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

Two California Appellate Decisions Expand the Scope of Tameny Claims Based on Whistleblower Laws

Two significant decisions on whistleblower protections were recently issued by two districts of the California Court of Appeal. Both courts reversed trial court dismissals of claims for wrongful termination in violation of...more

Eighth Circuit: Custodian Failed to Establish Constructive Discharge Following Wife's Public Comments

A school custodian’s hours and work assignments were changed six days after his wife spoke about eliminating the superintendent’s position at a school board meeting about budgetary issues. The custodian’s reassignment...more

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

EEOC Gets Schooled: Court Expels Challenge to College’s Separation Agreements

For the second time in less than two months, a federal district court judge has dismissed a U.S. Equal Employment Opportunity Commission (EEOC) challenge to an employer’s separation agreement due to the agency’s failure to...more

Murphy School District No. 21 to Pay $138,000 to Settle EEOC Age Discrimination Lawsuit

Federal Agency Says School Used Retirement Plans That Were Facially Discriminatory - PHOENIX -- Murphy School District No. 21 used an early retirement incentive plan which granted greater economic benefits to employees...more

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