• The U.S. Department of Education (Department) on Nov. 16, 2018 proposed sweeping changes to the regulations implementing Title IX, the federal law prohibiting sexual harassment and sex discrimination.
• The newly...more
11/20/2018
/ Colleges ,
Comment Period ,
Cross Examination ,
Department of Education ,
Due Process ,
Educational Institutions ,
Proposed Regulation ,
Public Comment ,
Sex Discrimination ,
Sexual Harassment ,
Standard of Proof ,
Title IX ,
Universities
• The Massachusetts Attorney General's Office issued guidance on the amended Massachusetts Equal Pay Act (MEPA), which takes effect July 1, 2018, and mandates equal pay among employees of different genders performing...more
3/6/2018
/ Amended Legislation ,
Attorney General ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Guidance ,
Popular ,
Salary/Wage History ,
Self-Evaluations ,
State Labor Laws ,
Voluntary Self-Audit ,
Wage and Hour ,
Working Conditions
• The U.S. Department of Education rescinded two major Office for Civil Rights guidance documents interpreting the application of Title IX to reports of sexual misconduct.
• Secretary of Education Betsy DeVos stated that...more
10/9/2017
/ Adjudicatory Process ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Interim Rule ,
Investigations ,
New Guidance ,
New Regulations ,
Notice and Comment ,
Notice Requirements ,
Secretary of Education ,
Sexual Assault ,
Sexual Violence Policies ,
Standard of Review ,
Students ,
Title IX ,
Universities
• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses.
• DeVos...more
9/12/2017
/ Colleges ,
Department of Education ,
Due Process ,
Notice and Comment ,
Obama Administration ,
OCR ,
Public Comment ,
Secretary of Education ,
Sexual Assault ,
Sexual Conduct ,
Sexual Harassment ,
Students ,
Title IX ,
Trump Administration ,
Universities
Wage and Hour -
Tenth Circuit Aligns with Cumbie on Tip Credits -
In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more
8/11/2017
/ Alcohol Beverage Control ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Beverage Manufacturers ,
Department of Labor (DOL) ,
Disability Discrimination ,
Disparagement ,
Equal Employment Opportunity Commission (EEOC) ,
Evaporated Cane Juice ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Joint Employers ,
Likelihood of Confusion ,
Medical Marijuana ,
NLRA ,
NLRB ,
Pattern or Practice ,
Reasonable Accommodation ,
Restaurant Industry ,
Staffing Agencies ,
Standing ,
Tip Credit ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
Unions ,
Wage and Hour
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
8/10/2017
/ Anti-Discrimination Policies ,
Colleges ,
Controlled Substances ,
Disability Discrimination ,
Drug-Free Workplace Act ,
Employment Policies ,
Federal Funding ,
Federal v State Law Application ,
Financial Aid ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Popular ,
Public Schools ,
Reasonable Accommodation ,
School Districts ,
School Policies ,
State Labor Laws ,
Students ,
Universities
In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more
7/19/2017
/ Appeals ,
Disability ,
Disability Discrimination ,
Drug Testing ,
Employment Policies ,
Federal v State Law Application ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws ,
Undue Hardship
Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more
6/26/2017
/ Bullying ,
Colleges ,
Complaint Procedures ,
Department of Education ,
Educational Institutions ,
Gender Discrimination ,
Gender Identity ,
OCR ,
Rescission ,
Rollbacks ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Stereotyping ,
Students ,
Title IX ,
Transgender ,
Trump Administration ,
Universities
Reversing the practice under the Obama Administration, the U.S. Department of Education's Office for Civil Rights (OCR) has just issued new internal guidance changing how regional OCR offices will investigate discrimination...more
6/20/2017
/ Class Action ,
Complaint Procedures ,
Department of Education ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Educational Institutions ,
OCR ,
Race Discrimination ,
Sexual Harassment ,
Students ,
Transgender ,
Trump Administration
Massachusetts enacted the most expansive pay equity law in the country on Aug. 1, 2016. The law, which the Massachusetts legislature passed unanimously, amends and expands the Massachusetts Equal Pay Act (MEPA), defining...more
Two divisions of the federal government have weighed in on the recent legal controversies surrounding accommodations for transgender students. The U.S. Department of Education's Office for Civil Rights (OCR) and the U.S....more
5/18/2016
/ Dear Colleague Letter ,
Department of Justice (DOJ) ,
Educational Institutions ,
FERPA ,
Gender Discrimination ,
Gender Identity ,
LGBTQ ,
OCR ,
Reasonable Accommodation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Students ,
Title IX ,
Transgender
The U.S. House of Representatives passed the Defend Trade Secrets Act (DTSA) on April 27, 2016, significant legislation that proposes to amend the Economic Espionage Act. The DTSA had previously passed the Senate and is...more
The disturbing increase in campus shooting tragedies demands a careful review of campus safety measures. Recent incidents in several states remind us that violence can erupt without much, if any, advance warning. Educational...more
10/20/2015
/ Background Checks ,
Best Practices ,
Department of Homeland Security (DHS) ,
Educational Institutions ,
Emergency Management Plans ,
Emergency Response ,
Mass Shootings ,
Notification Requirements ,
Reporting Requirements ,
School Safety ,
School Shootings
When is it legal and proper for higher education institutions to use student medical records other than for a student's healthcare? In answering that question, institutions have to balance students' privacy interests,...more
9/3/2015
/ Colleges ,
Department of Energy (DOE) ,
Educational Institutions ,
FERPA ,
Health Care Providers ,
Healthcare ,
Medical Records ,
Personally Identifiable Information ,
Student Privacy ,
Student Records ,
Universities
The children's rhyme regarding April showers bringing May flowers should be revised to include reference to April also bringing guidance from the U.S. Department of Education's Office for Civil Rights (OCR). For the third...more
The FBI's much anticipated study of active shooter incidents in the United States between 2000 and 2013 was released at the end of 2014. This federal study is the first of its kind and its findings are eye-opening, dispelling...more
On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more
With the approval of ballot Question 4 in the election on Nov. 4, 2014, workers in Massachusetts will soon have the statutory right to earn and use up to 40 hours of sick time per calendar year. The effective date of the new...more
The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were...more
A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more
Educational institutions face greater legal exposure given their increasing use of online educational services – and situations where they can both collect and disclose protected information. As a result, these institutions...more
Employers that allow their employees to use their own mobile devices for work purposes should have in place well-considered Bring Your Own Device (BYOD) policies.Effective employer BYOD policies anticipate and address a range...more
Massachusetts employers have long labored under the strictures of the Massachusetts independent contractor statute, General Laws c. 149, §148B, which makes it exceptionally difficult to engage workers in Massachusetts as...more
The $41.7 million jury verdict last week against The Hotchkiss School in Lakeville, Connecticut sent shock waves through the independent school community. A 15-year-old Hotchkiss student suffered insect bites on a...more
This alert is designed to help educational institutions understand the new Improving Transparency of Education Opportunities for Veterans Act, which establishes a ban on incentive compensation based on success in securing...more