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Civil Rights Education

Read Civil Rights updates, alerts, news, and legal commentary from leading lawyers and law firms:

WEB EXCLUSIVE: Supreme Court Review: Mixed Bag For Employers

by Fisher Phillips on

The 2016-17 Supreme Court term was truly a mixed bag for employers. The Court limited presidential power, reined in the appellate courts’ authority to review and overturn trial court decisions regarding EEOC subpoenas,...more

When Can Schools Ban a Parent or a Third Party from School Property and School Events?

The Second Circuit Court of Appeals recently addressed the issue of whether a school district can ban a parent from school property during the school day and/or during on-site sporting events based on the parent’s prior...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

by Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Changes to New York State Education Department Procedural Safeguards Notice for Parents of Children with Disabilities

by Hodgson Russ LLP on

The New York State Education Department (SED) recently issued a memorandum requiring school districts to begin using a revised “New York State Education Department Procedural Safeguards Notice - Rights for Parents of Children...more

Does DOJ Action On “Race-Conscious” College Admissions Mean Anything For Federal Contractors?

Since the beginning of the Trump Administration, business owners, employers, and employees alike have been waiting to see what the effects on social policy will be. Of particular interest to employers, and especially federal...more

Compliance with Today’s Anti-Discrimination Laws Through a History Lesson

by Shipman & Goodwin LLP on

Over the weekend, I was doing a lot of driving. Having a kid at camp near the New Hampshire border to pick him up will do that. So, it was time for me to catch up on some podcasts I had downloaded but hadn’t yet listened...more

Affirmative Action Bombshell: FAQs About The Justice Department’s New College Admissions Project

by Fisher Phillips on

Higher education institutions felt seismic shockwaves yesterday as the New York Times reported that the Trump administration would soon redirect Justice Department resources toward investigating – and possibly suing –...more

John Skvarla on the Strength of North Carolina Commerce

by Nexsen Pruet, PLLC on

In May, North Carolina won Site Selection magazine’s 2017 Prosperity Cup, earning recognition once again for its economic appeal and ability to attract new investments while offering a climate that supports growth. On the...more

Stick to the Script: The Consequences of Mishandling Sexual Misconduct Investigations in Doe v. Skidmore College

It would seem fairly self-evident that when a college or university establishes procedures for handling sexual misconduct claims, it should actually follow them. That, however, was not the case in Matter of John Doe v....more

Department of Justice Reportedly to Target Race-Conscious Admissions Policies

According to published reports, the Trump administration appears poised to direct the Department of Justice to begin investigating, and potentially litigating against, institutions over what it characterizes as “intentional...more

Crossing professional boundaries: Demotion leads to sex bias claims

by Kirton McConkie PC on

EMPLOYER LIABILITY - The workings of the human mind have fascinated and per­plexed people for eons. Scientists, artists, politicians, lawyers, and theologians have all grappled, in one way or another, with how the mind...more

Cutting Class: Teachers’ Motion For Class Certification Denied In Race Discrimination Class Action

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Four African-American teachers alleged that their school district employer discriminated against them on the basis of race by failing to hire them as assistant principals, and filed a motion for class...more

Gender Identity Not Covered By Missouri Human Rights Act, Court Says

Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the...more

Department of Education Rethinking Campus Guidance on Sexual Assault

by Littler on

Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint. The U.S. Department of Education (DOE) recently indicated it...more

Employment Law Letter - Summer 2017

by Shipman & Goodwin LLP on

How often does the Supreme Court of the United States decide a case that specifically affects a Connecticut employee? And how often are its decisions unanimous? Both occurred recently when the high court reviewed a dispute...more

Updated Guidance for Teaching English Learners in Pennsylvania

by Barley Snyder on

New state guidance released this month more clearly fleshes out a school’s responsibility toward its English learners and the rights those students have. The new guidance from the Pennsylvania Department of Education...more

Canary in a Coal Mine: Analyzing Title IX, OCR, and On-Campus Sexual Misconduct Adjudications in Plummer v. University of Houston

It is unusual for a dissenting opinion to be more noteworthy than the majority’s holding, yet that is the case in Plummer v. University of Houston, a decision recently handed down by the United States Court of Appeals for the...more

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

NC Legislative Update: End of Session Wrap

by Nexsen Pruet, PLLC on

2017 Session - After 23 weeks of session, lawmakers adjourned the 2017 long session of the North Carolina General Assembly on June 30th. The Adjournment Resolution passed by both bodies reconvenes the legislature on...more

Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed By Peers for Failure to Conform to...

by Tucker Arensberg, P.C. on

Russell Bittendender, et ux. v. Bangor Area School District, Case No. 15-6465 (E.D. Pa. 2017). The United States District Court for the Eastern District of Pennsylvania refused to dismiss a complaint alleging that a school...more

New Federal Regulations for Schools - Clarifies Language and Requirements Related to Special Education

by Best Best & Krieger LLP on

Recently, the U.S. Department of Education published regulations to implement Rosa’s Law, legislation enacted in 2010 to replace the term “mental retardation” with “intellectual disability” in federal laws. These laws include...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

Task Force Finds More Than 150 Antiquated Federal Regulations – And Counting

by Barley Snyder on

A federal task force already has identified more than 150 education regulations that could be changed or repealed – and it’s not done yet. The Department of Education has issued a request for input on regulations the...more

OCR, DOJ Heads Clarify Plans to “Reorient” Approach

by Barley Snyder on

With all of the issues the Trump administration is attending to as the nation’s transition continues, smaller -- but still-important -- issues aren’t getting much attention. But in late June, high-ranking federal officials...more

Title IX Update - July 2017

by Nexsen Pruet, PLLC on

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation...more

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