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Playing Cards With a Government That Stacks the Deck - D.C. District Court Radically Expands The "Christian Doctrine" To...

On March 30, 2013, the U.S. District Court for the District of Columbia issued a decision imposing certain socio-economic contract requirements on subcontractors operating hospitals associated with the University of...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Sixth Circuit Stands by School System's Promotion Decisions

Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more

Wrongful Termination Suit Filed in Rutgers Basketball Scandal

Former basketball assistant Eric Murdock has filed a wrongful termination suit against Rutgers University amid the fallout following the disclosure of head coach Mike Rice’s abusive behavior toward the players. ...more

Supreme Court To Hear Case On Michigan Affirmative Action Ban

The Supreme Court has agreed to hear another major affirmative action case, Schuette v. Coalition to Defend Affirmative Action, No. 12-682. At issue is the legality of Michigan's voter-approved ban of using racial preferences...more

CWP 2693 of 2010/ 9968 of 2009 [Hemant Goswami vs. Union of India]

Final Order of High Court in Child Labour Case

Under the J.J. Act of 2000, a person up to the age of 18 years is treated as ‘child’. Same age is prescribed under the CPCR Act, 2005 as well. However when it comes to prohibition of Child Labour Act of 1986, the definition...more

Handling Complaints of Harassment Made Against Non-Employees

As we have previously noted, employers often wonder what to do when an employee makes a harassment complaint, but the alleged harasser is not another employee. The employer cannot simply do nothing, but it also generally does...more

University School of Milwaukee to Pay $37,500 in EEOC Pregnancy Discrimination Suit

Employee Was Fired Because of Her Pregnancy, Federal Agency Charged - MILWAUKEE - A Milwaukee K-12 school will pay $37,500 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal...more

Christian School Files Lawsuit Against Former Teachers

The Little Oaks Private School, a Christian school based in Thousand Oaks, California, recently filed a lawsuit against two of its former teachers after they threatened a lawsuit. The teachers were fired last August when they...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

DOJ Releases Technical Assistance Regarding University's Settlement Of ADA Issues

On December 20, 2012, the Department of Justice (DOJ) announced that it entered into an agreement with Lesley University to ensure that students with celiac disease and other food allergies can fully and equally enjoy the...more

Massachusetts Governor Patrick Signs Law Mandating Fingerprint-Based Background Check

On January 10, 2013, Governor Patrick signed “An Act Relative to Background Checks” (H.4307) into law. This law implements a wide reaching requirement for mandatory state and national fingerprint-based criminal background...more

Employers Can Discipline Employees For Certain Social Media Activity

A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and...more

Public School Teachers, Free Speech, and Hostile Environment

In public school, the constitutional tension can be high on these issues: students' and teachers' free speech rights; teachers' Free Exercise rights; the school's concern for the Establishment clause; when bullying begins;...more

Education Update, No. 1, January 2013: Making The Grade: Ensure Your School is Following Best Hiring Practices

The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year....more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

Disabled Substitute Teacher Applicant Raises Some Adequate Claims Against Illinois School District

A federal trial court in Chicago recently decided that a disabled applicant for a substitute teacher position at Zion School District No. 6 alleged sufficient facts against the District to proceed with a lawsuit against it....more

EEOC Discusses How Not Being Able to Graduate from High School Could Be Considered a Disability

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with disabilities. The act was amended by the ADA Amendments Act (ADAAA) of 2008 with final regulations being...more

Legislation of Interest to Higher Education Institutions: Personnel | Human Resources

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws become effective January 1, 2013, unless otherwise stated. Note - To read recent alerts reported on by KMTG that...more

Governor Brown Signs Bills Adding Protection for Religious Practices

Governor Brown recently signed two bills that are designed to combat religious discrimination. The Workplace Religious Freedom Act, AB 1964, amends the Government Code and will protect workers who wear turbans, hijabs, and...more

Sixth Circuit Strikes Down Michigan Affirmative Action Ban

The 6th Circuit Court of Appeals has overturned a Michigan law that banned preferential treatment based on race, sex or national origin in public employment, public education or public contracting. The ruling defeats the 2006...more

Affirmative Action Ban Overturned

In an important decision for Michigan's public universities and proponents of affirmative action, the full Sixth Circuit Court of Appeals has struck down Michigan's "Proposal 2." Proposal 2 was enacted by voters in 2006 as...more

An Eye-Opening Termination Of A Former Lingerie Model

A former lingerie model turned high school guidance counselor has sued the New York City Department of Education (“DOE”) for discrimination and wrongful termination after being fired when Internet photos surfaced of the...more

Supreme Affirmative Action Battle is Big Deal for Employers

A clearly divided Supreme Court took a skeptical view today of the University of Texas at Austin's use of race as a "factor" in admissions. While the case arises in the educational realm, the implications for employers in...more

Education Update, No.4, October 2012: Has Your School Had a Check Up Recently?

Now that school has started, it is time to ensure that your house is in order for the school year. Each year we highlight those area in which we see trends developing or issues with which schools consistently have challenges....more