The Office for Civil Rights (OCR) of the U.S. Department of Education (the “Department”) issued new guidance this week clarifying that it will immediately cease enforcement of the part of 34 C.F.R. § 106.45(b)(6)(i) that...more
This past year, exculpatory waivers had their moment in the sun as businesses and educational institutions raced to put waivers in place to protect against claims stemming from the COVID-19 pandemic. A Minnesota Court of...more
Retaliation and whistleblower claims are on the rise nationally, and Minnesota is no exception to this trend. In part, this is because plaintiffs’ counsel perceive such claims — particularly claims arising under the broad...more
On January 20, 2021, President Joe Biden signed the "Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The Executive Order explicitly extends the holding of...more
1/28/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Department of Education ,
Executive Orders ,
Gender Identity ,
LGBTQ ,
OCR ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Transgender
After the Department of Education published the final Title IX regulations in May 2020, an open question remained as to how education institutions should treat pending Title IX investigations based on complaints filed before...more
Educational institutions hoping for a last-minute reprieve from the new Title IX regulations scheduled to go into effect August 14 are out of luck. Earlier this week, the Southern District of New York denied a nationwide...more
In a unanimous decision, the U.S. Supreme Court ruled that federal courts can hear discrimination claims under Title VII of the Civil Rights Act even if employees do not bring them to the U.S. Equal Employment Opportunity...more
6/5/2019
/ Affirmative Defenses ,
Amended Complaints ,
Appeals ,
Charge-Filing Preconditions ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Forfeiture ,
Fort Bend County Texas v Davis ,
Jurisdictional Requirements ,
Mandatory Claim-Processing Rules ,
Reaffirmation ,
Reasonable Accommodation ,
Religious Discrimination ,
Retaliation ,
Reversal ,
SCOTUS ,
Time-Barred Claims ,
Title VII ,
Waiver Rule ,
Wrongful Termination