Michael Porter at Miller Nash LLP

The White House Addresses K-12 School Discipline by Executive Order

As public school districts continue to navigate the relationship between local policies and federal government policy initiatives, they have a new topic to consider arising out of an April 24, 2025, Executive...more

4/28/2025 / Civil Rights Act , Department of Education , Executive Orders , Government Agencies , New Guidance , Regulatory Reform , School Districts , School Policies , Title VI

Challenges for Education Institutions Continue: New “Dear Colleague Letter” Targets Educational Equity Efforts

On Friday, February 14, 2025, the United States Department of Education (DOE) Office for Civil Rights (OCR) issued a Dear Colleague Letter (DCL) setting out its interpretation of Title VI of the Civil Rights Act of 1964,...more

2/19/2025 / Affirmative Action , Civil Rights Act , Department of Education , Diversity and Inclusion Standards (D&I) , Educational Institutions , Equal Protection , OCR , Race Discrimination , Students for Fair Admissions v Harvard College , Title VI

New Executive Order “Keeping Men Out of Women’s Sports” Creates Challenging Questions for Oregon School Districts

On February 5, 2025, President Trump issued an Executive Order (EO) entitled Keeping Men Out of Women’s Sports. This EO expresses strong disapproval of policies allowing transgender girls and women to participate on girls’...more

2/7/2025 / Department of Education , Discrimination , Executive Orders , Gender Discrimination , Gender Identity , OCR , School Districts , Student Athletes , Title IX , Transgender

Don’t Let Concerns About Due Process Undo Your Process: A Checklist for Responding to Special Education Due Process Complaints

Sometimes, despite the best and thorough efforts of school employees, parents of students receiving special education services will file a request for a due process hearing (usually known as a “due process complaint”). When...more

11/1/2024 / Due Process , IDEA , Individualized Education Programs (IEPs) , Public Schools , School Districts , Special Education , Students

Thrown for a Lope—Supreme Court Decision in Loper Bright Enterprises Overturning Chevron Likely to Impact Employer Practices

The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, Secretary of Commerce, No. 22-451, June 28, 2024, overruled long-standing precedent under which courts were to provide substantial deference to...more

7/10/2024 / Administrative Procedure Act , Chevron Deference , Chevron v NRDC , Equal Employment Opportunity Commission (EEOC) , Fair Labor Standards Act (FLSA) , Government Agencies , Judicial Authority , Loper Bright Enterprises v Raimondo , Regulatory Authority , SCOTUS , Statutory Interpretation

Gap-Filling Pregnant Workers Fairness Act: Proposed Rules Provide Insight to Compliance with Federal Law

On August 11, 2023, the Equal Employment Opportunity Commission (the EEOC) proposed regulations under the Pregnant Workers Fairness Act (PWFA). The PWFA took effect on June 27, 2023, and requires that employers with at least...more

8/25/2023 / Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Pregnancy , Pregnant Workers Fairness Act , Reasonable Accommodation

Supreme Court Decision “Clarifying” Religious Accommodation Obligation Is Anything but De Minimis

Last year, the Supreme Court closed out its term with a major case concerning employee religious rights in Kennedy v. Bremerton School District. The Supreme Court has done the same again this year. While the Court’s decision...more

6/30/2023 / Civil Rights Act , Employer Liability Issues , Groff v DeJoy , Kennedy v. Bremerton School District , Religious Accommodation , Religious Discrimination , SCOTUS , Title VII , USPS

First Take on the Admissions Decisions—with More to Come

Digesting Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Supreme Court Case Nos. 20-1199 and 21-107 (June 29, 2023) is going to take time. Our education law team will provide more substantial...more

6/30/2023 / Affirmative Action , College Admissions , Colleges , Diversity , Diversity and Inclusion Standards (D&I) , Educational Institutions , SCOTUS , Students for Fair Admissions v Harvard College , Universities

Beyond Accommodations: Supporting Workplace Neurodiversity

The Americans with Disabilities Act (ADA) has been an extraordinarily successful law. Certainly, individuals working in human resources know that there are challenging aspects to it, but access to the ability to work has...more

4/7/2023 / Americans with Disabilities Act (ADA) , Disability , Disability Discrimination , Diversity , Employer Liability Issues , Employment Policies , Hiring & Firing , Reasonable Accommodation

Offsides: Supreme Court’s Ruling Against School District Requires a Restart When Thinking About Religion in the Workplace

The widely reported Supreme Court case Kennedy v. Bremerton School District, No. 21-418 (S. Ct. June 27, 2022) warrants all the attention it has been getting. The Court’s penalty flag against the local Washington school...more

7/1/2022 / Constitutional Challenges , Establishment Clause , First Amendment , Free Exercise Clause , Kennedy v. Bremerton School District , Public Employees , Religious Accommodation , Religious Expression , SCOTUS

Responding to a Crisis: How Human Resources Can Make Things Better, Not Worse

Just as unforeseen site conditions can test a contractor’s problem-solving skills, unexpected events can test a construction-industry employer’s crisis-management readiness. Crisis can hit at any time, and individuals...more

3/22/2022 / Construction Industry , Crisis Management , Defamation , Employer Liability Issues , Employment Policies , Human Resources Professionals , Public Relations , Social Media

Michael Porter

Miller Nash LLP

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