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New York State Requires Paid Lactation Breaks

Effective June 19, 2024, New York State Labor Law Section 206-c requires all private and public employers to provide 30 minutes of paid break time for employees to express breast milk when the employee has a reasonable need...more

Race in Admissions after Students for Fair Admissions, Inc. v. Harvard

On June 29, 2023, the U.S. Supreme Court issued its long-awaited decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.[1] The Court considered the admissions practices of Harvard College...more

BREAKING: U.S. Supreme Court Rules on Affirmative Action in Admissions 

BREAKING: U.S. Supreme Court ruled that Harvard’s and UNC’s admissions programs, which factor an applicant’s race into account during the admissions process, are unconstitutional based on Equal Pro-tection Clause/Fourteenth...more

Department of Education Releases Proposed Changes to Title IX Regulations

Announcing it as a commemoration of the 50th Anniversary of the enactment of Title IX (though anticipated for the past 18 months), the U.S. Department of Education (DOE) announced sweeping proposed amendments to the Title IX...more

Update and Discussion on Legal and Practical Issues [Video]

This March 8 presentation covers COVID Update, Post-Pandemic Telehealth & Data Privacy Guidance, Potential New Laws from Albany for NY Employers and Higher Education Update....more

Final Title IX Regulations Released

On Wednesday, May 6, the U.S. Department of Education (USDOE) released final regulations under Title IX. These regulations come after the USDOE sifted through over 124,000 comments during the public comment period. The new...more

Expecting the Expected: The Title IX Final Rule

It has been widely reported that U.S. Department of Education (USDOE) is prepared to release its final Title IX regulations after issuing proposed regulations in November 2018. The proposed regulations elicited thousands of...more

Proposed Title IX Regulations Would Necessitate Extensive Changes to Institutional Policies and Practices

On November 16, 2018, more than a year after rescinding Obama administration era Title IX subregulatory guidance on colleges’ and universities’ obligations under Title IX, the United States Department of Education published...more

Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit

On Friday, July 7, 2017, the Office of Campus Safety clarified its Notice of Audit, specifically stating that it is “not requesting submission of personally identifiable information of any individual” and emphasizing that...more

Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

In light of the serious concerns institutions and advocates have expressed about FERPA and other privacy laws, we have recently been informed that the Office of Campus Safety will likely revise its Notice of Audit, dated June...more

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§...more

Enough is Enough Becomes Law

As expected, New York Governor Andrew M. Cuomo signed the “Enough is Enough” legislation into law on July 7, 2015. As a result, the majority of the legislation’s provisions imposing obligations on colleges and universities...more

OCR Issues Title IX Coordinator Resource Guide

On April 24, the Department of Education’s Office for Civil Rights (“OCR”) issued new materials on Title IX. The materials include a Dear Colleague Letter to educational institutions, a letter to Title IX Coordinators and a...more

A Review of New York’s Proposed Sexual Violence Legislation – Part 4: Climate Surveys, Training and Implementation

In this, our last, post on New York’s proposed sexual violence legislation, we focus briefly on three remaining aspects of the bill: climate surveys, training and implementation....more

A Review of New York’s Proposed Sexual Violence Legislation – Part 3: Notice of Victim’s Rights

New York’s proposed legislation contains extensive provisions dealing with victims’ rights. Specifically, Section 6442 of the legislation requires adoption of a Victim and Survivor Bill of Rights that provides for the right...more

A Review of New York’s Proposed Sexual Violence Legislation: Part 2 – Minimum “Sentencing” Requirement

In this installment of our continuing analysis of the Governor’s “Enough is Enough” proposed sexual violence legislation, we turn to the minimum penalties for offenders that the bill would require....more

A Review of New York’s Proposed Sexual Violence Legislation – Part I: Consent

As we noted in our last post, we will be taking a closer look at the specific provisions of New York’s proposed sexual violence legislation over the next week or so. With the Governor’s Office urging New York colleges and...more

Love is in the Air (and at the Office)

Ahhh, Valentine’s Day, when love is all around. But if one of Cupid’s arrows lands in your workplace, that warm and fuzzy feeling can quickly turn into headache and indigestion....more

The Legalization of Medical Marijuana Could Have a Significant Impact on the Workplace

On July 5, 2014, Governor Cuomo signed the Compassionate Care Act, making New York the twenty-third state to legalize medical marijuana. This new law creates a medical marijuana program for individuals suffering from certain...more

Confidentiality and Title IX

In OCR’s April 2011 Dear Colleague Letter, OCR referenced a covered institution’s obligations in the face of knowledge of sexual harassment/misconduct and a victim’s request for confidentiality and/or that the institution not...more

Responsible Employees and Title IX

Under Title IX, the concept of “responsible employee” has a great deal of significance, as recently reaffirmed by OCR in its Questions and Answers on Title IX and Sexual Violence (Q&A), and previously reported in this blog....more

The Assault on Sexual Assault Continues – On Both the Federal and State Levels

As reported last week, The White House Task Force To Protect Students From Sexual Assault issued its first report. Simultaneously, OCR issued Q&As on Title IX obligations and related documents to help guide institutions and...more

Report of the White House Task Force to Protect Students from Sexual Assault

Today the White House issued the “first” report from its task force on sexual assault. The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any...more

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