News & Analysis as of

Employment Law Navigator – Week in Review: October 2016 #2

Last week, The EEOC announced a public meeting on the use of big data in employment practices. This gathering is a continuation of the agency’s interest in the relationship between data analytics and discrimination. EEOC...more

Privacy Tip #55 – October is National Bullying Prevention Awareness Month

I never knew that since 2006, October has been designated as National Bullying Prevention Awareness Month. According to the Department of Health and Human Service’s website, “This year’s Bullying Prevention Awareness Month...more

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

Governor Wolf and the Pennsylvania Legislature Crack Down on Hazing in Secondary Schools

On May 24, 2016, Governor Tom Wolf signed legislation requiring Pennsylvania secondary schools to adopt policies and procedures to prevent and correct hazing in schools. House Bill 1574, sponsored by Rep. Ron Marsico,...more

2016 Florida Legislative Post-Session Report

Carlton Fields’s Government Law and Consulting Practice Group released its 2016 Florida Legislative Post-Session Report detailing significant bills that passed during the 2016 Regular Session of the Florida...more

Legal Update: Anti-Hazing Act

On May 24, 2016, Governor Wolf signed legislation expanding existing anti-hazing laws applicable to post-secondary institutions to now include public and private school students in grades 7 through 12. House Bill 1574...more

Lessons from eMerge: The Communication Decency Act, A Tool Against Cyberbullying

The 3rd annual eMerge conference hosted a list of speakers as diverse as Miami. Among them, Colin Powell, Tony Hawk, Pitbull, and Monica Lewinsky. Just last year, Ms. Lewinsky broke her public silence when she gave a...more

Sixth Circuit Rules that the "Deliberate Indifference" Standard Still Matters in Title IX Harassment Litigation

In Stiles v. Granger County Board of Education, the United States Sixth Circuit Court of Appeals affirmed dismissal of a Title IX lawsuit against a public school district because the alleged victim of harassment and bullying...more

CAS Legal Mailbag Question of the Week – April 2016

Dear Legal Mailbag: I have been around the block, but yesterday a parent made a demand that is a new one for me. I had met with the parent to review the results of our bullying investigation about her son’s behavior...more

Second Circuit Holds District Denied FAPE by Refusing to Discuss Bullying at IEP Meeting

On January 20, 2016, the Court of Appeals for the Second Circuit issued its decision in T.K. v. New York City Dep’t of Educ., — F.3d —, 2016 WL 229842 (2d Cir. Jan. 20, 2016), an important decision regarding the role of a...more

Child Protection Policies: Bullying

One important area of youth protection policies is a policy to prevent bullying. An effective policy must first correctly define the problem, and then focus on ways to empower the children involved....more

Death threats and unfriending – what is bullying?

Bullying behaviour comes in all shapes and sizes. Identifying and deciding how to respond to diverse bullying behaviour by a worker (or workers) can create challenges for employers. Recent headlines have cautioned that...more

Transcending Gender In Schools: Is Gender Neutral The New Normal?

In Missouri, a 17-year-old student who was born male, but has identified as female since he was 13, chose to use the girls’ locker room during gym class. That decision sparked outrage in the school community and led to...more

Seventh Circuit Finds School District Not Liable in Bullying Case

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more

First Formal Bullying Finding Highlights Scope of Potential Orders

The Fair Work Commission has handed down the first formal bullying decision since its anti-bullying jurisdiction commenced in January 2014. Factual background: The recent decision of C.F. [2015] FWC 5272 (5...more

Deliberate Indifference to Bullying Can Amount to Massive Liability – Lessons from the Pine Bush Settlement

$4.48 million. That’s how much the Pine Bush School District in central-New York just agreed to pay to settle a lawsuit brought by a group of current and former students who alleged that school administrators were...more

Should You Have an Anti-Bullying Policy in Your Workplace?

We have seen it before: boss shouts (or glares, or laughs) at subordinate, and subordinate’s feelings are hurt. But it’s not only feelings that are hurt, and angry bosses aren’t the only ones offending. Workplace bullying can...more

Workplace bullying can lead to long-term employee illnesses

Bullying is not just a problem in schools. It is also a threat to employees in many American workplaces. According to a recent study by the U.S. Workplace Bullying Institute, bullies on the job can cause serious health...more

California’s Anti-Bullying Statute – What is the Effect of Non-Compliance?

By now, California employers should be aware of the “antibullying” law, which became effective on the first of this year. The statute is a compromise between employee rights groups seeking expansion of existing “harassment”...more

Illinois Schools Face Tough Decisions in Combating Cyber-bullying

Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7...more

California Expands Supervisor Training Requirements to Include Workplace Bullying

On January 1, 2015, a California law took effect placing additional obligations on employers in preventing workplace bullying....more

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime...more

Department of Education Closes 2014 with Prolific Guidance

The U.S. Department of Education (DOE) was busy the last quarter of 2014, issuing guidance on six issues, plus another already in 2015. The Dear Colleague Letters (DCL), Frequently Asked Questions, and Fact Sheets provide an...more

New Year’s Resolutions for the California HR Manager

So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider adding a few on the human...more

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