News & Analysis as of

Disciplinary Proceedings

Title IX Procedures and The Need for Fairness to All Parties

by Shipman & Goodwin LLP on

Recent headlines make clear that sexual harassment is a serious problem in our society. It has also been a focus of attention on school campuses. Since the adoption of Title IX, colleges and universities, as well as other...more

Taking into account disciplinary warnings

by Dentons on

In the recent case of NHS 24 v. Pillar an employer dismissed the Claimant nurse practitioner for gross misconduct after she was involved in her third Patient Safety Incident (PSI). Training had been used to address previous...more

Employment News - November 2017 #3

by Hogan Lovells on

In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

by Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

BrokerCheck – FINRA’s Dread Permanent Record

by Allen Matkins on

Many a school child has received the awful warning to be careful lest some offense be entered on his or her “permanent record”. As required by statute (15 U.S.C. § 78o-3(i)), the Financial Industry Regulatory Authority, Inc....more

Dallas Cowboys Controversy Highlights Trap for Union and Non-Union Employers

by Barley Snyder on

Dallas Cowboys owner Jerry Jones publicly announced recently that he would bench any player who kneels during the national anthem. As a lifelong Cowboys fan, the flap momentarily diverted my attention from the Cowboys’...more

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

by Faegre Baker Daniels on

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

Chemist’s circumstantial evidence too basic to prove ADA claim

by Kirton McConkie PC on

DISABILITY DISCRIMINATION - It’s rare for an employer to announce that it is illegally discriminating against someone. An employee who is a victim of illegal discrimination most often is left with only circum­stantial...more

Withholding Evidence In sports Labor dsputes: What eSports can learn from Brady and Elliot? - Questions of Fundamental Fairness...

by Stinson Leonard Street on

For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more

Employment News - October 2017 #4

by Hogan Lovells on

In this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more

False Start On The Offense - Why the 5th Circuit Flagged the NFLPA for Illegal Procedure in the Ezekiel Elliott Case

by Miller Canfield on

After further review, the ruling of a Texas district court was overturned by the 5th Circuit Court of Appeals on Oct. 12, 2017, with the Court of Appeals vacating an injunction order that kept Dallas Cowboys running back...more

Lawyers Can Be A Positive Force for Compliance

by Michael Volkov on

Lawyers get a bad rap, and I am not just referring to all the lawyer jokes we have heard numerous times. Lawyers get a bad rap when it comes to compliance. Much of it is not deserved – but candidly, some of it is deserved....more

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

by FordHarrison on

Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

Employment News - October 2017 #2

by Hogan Lovells on

Too much information? References to previous incidents did not make investigation unfair - In NHS 24 v Pillar the EAT found that an investigation into misconduct which took account of earlier incidents that had not been...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

New Title IX Guidance: Steps To Take Now

by Holland & Knight LLP on

• 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

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

Perspectives for the Professions Newsletter - September 2017: Standing of Complainants on Judicial Review

by Field Law on

Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint....more

Federal Education Secretary Announces Plans to Revamp Title IX Directives

by Barley Snyder on

The U.S. Department of Education recently announced plans to “revoke or rescind” current guidance addressing enforcement of Title IX. Secretary Betsy DeVos said earlier this month the department plans to review and...more

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

Office Marital Dispute Did Not Trigger Employer’s Duty to Investigate

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Nakai v. Friendship House Association of American Indians, Inc., the California Court of Appeal considered whether marital disputes that spill into the workplace trigger FEHA’s marital status protections...more

Public Official or Private Citizen? In Free Speech Cases, Courts Must Decide

by Ballard Spahr LLP on

First Amendment retaliation claims may be getting harder to pursue for state employees, as courts seem increasingly likely to view speech as part of the employees' roles as public officials rather than as private citizens....more

Student Expulsion Upheld For Off-Campus, Online Activity

by Roetzel & Andress on

On July 26, 2017, the 5th Appellate District Court of Appeals (Richland County) issued a decision in N.Z. vs Madison Local Board of Education that should be read by every school administrator involved in student...more

Sharp Pencil Not a Weapon Under Pennsylvania School Code

by Tucker Arensberg, P.C. on

S.A. v. Pittsburgh Pub. Sch. Dist., 2017 Pa. Commw. LEXIS 152 (Pa. Commw. Ct. May 1, 2017). Summary and Factual Background - S.A. was a 10th grade student at Barack Obama International Academy, a high school in the...more

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