A recent “Dear Colleague” letter issued jointly by the U.S. Department of Justice (DOJ) and the Office of Civil Rights of the Department of Education (OCR) places colleges and universities on notice of recent enforcement...more
6/5/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Educational Institutions ,
NPRM ,
OCR ,
Online Platforms ,
Rehabilitation Act ,
Section 504 ,
Title III ,
Universities ,
Web Content Accessibility Guidelines (WCAG) ,
Website Accessibility ,
Websites
Seyfarth Synopsis: In the most recent decision to consider the intersection between religion and employment law, Massachusetts’s highest court in DeWeese-Boyd v. Gordon Coll., No. SJC-12988., 2021 WL 841932 (Mass. Mar. 05,...more
Seyfarth Synopsis: In another high-profile religion school case this term, the Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru that the First Amendment’s Religion Clauses foreclosed the adjudication...more
7/10/2020
/ Age Discrimination ,
Appeals ,
Disability Discrimination ,
Employment Discrimination ,
First Amendment ,
Freedom of Religion ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers
In another high-profile 5-4 decision, the majority of the United States Supreme Court ruled on June 30 in Espinoza v. Montana Department of Revenue that Montana’s Supreme Court violated the U.S. Constitution when it struck...more
7/7/2020
/ Compelling Governmental Interest ,
Constitutional Challenges ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Religious Discrimination ,
Religious Schools ,
Remand ,
Reversal ,
Scholarships ,
SCOTUS ,
State Aid ,
State Constitutions ,
Strict Scrutiny Standard ,
Tuition
Seyfarth Synopsis: As part of Governor Cuomo’s New York Forward plan, New York State has issued guidance for “Phase Four” industries,” which include higher education, low-risk outdoor arts & entertainment, low-risk indoor...more
Seyfarth Synopsis: The National Labor Relations Board (“NLRB”) issued an important ruling strongly protecting the First Amendment rights of religious educational institutions, holding that “while the [National Labor...more
Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling...more
11/13/2019
/ Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Adverse Employment Action ,
Disclosure ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Hiring & Firing ,
HMOs ,
Internal Reporting ,
Overpayment ,
Protected Activity ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination