News & Analysis as of

Hostile Environment First Amendment

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...more

Littler

Politics in the Workplace and the Risks of Social Media

Littler on

In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more

Bricker Graydon LLP

Kentucky District Court Blocks Implementation of 2024 Title IX Regulations in Kentucky, Ohio, Indiana, Tennessee, Virginia, and...

Bricker Graydon LLP on

A federal judge in the Eastern District of Kentucky has enjoined the United States Department of Education from implementing or enforcing the 2024 Title IX regulations. The injunction is limited to the states of Tennessee,...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Jackson Lewis P.C.

Department of Education Issues Guidance for Title VI Compliance in Response to Increased Complaints

Jackson Lewis P.C. on

In response to increases in discrimination complaints, the Department of Education Office of Civil Rights (OCR) issued a Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race,...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

Genova Burns LLC on

On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

Husch Blackwell LLP

Seventh Circuit Holds That Ministerial Exception Bars Hostile Work Environment Claims

Husch Blackwell LLP on

On July 9, 2021, the U.S. Court of Appeals for the Seventh Circuit sitting en banc overturned a split panel decision in the case, Sandor Demkovich v. St. Andrew the Apostle Parish et al., and issued a 6-3 opinion holding that...more

Holland & Knight LLP

Religious Institutions Update: July 2021

Holland & Knight LLP on

Ministerial Exception Doctrine Bars Minister-on-Minister Hostile Work Environment Claim In Demkovich v. St. Andrew the Apostle Parish, Calumet City, No. 19-2142, 2021 WL 2880232 (7th Cir. July 9, 2021), the U.S. Court of...more

Constangy, Brooks, Smith & Prophete, LLP

This 'n' That In Labor And Employment Law

Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Jackson Lewis P.C.

Politics at Work

Jackson Lewis P.C. on

In 2020, politics permeates the workplace. Employers should anticipate election-related issues regardless of whether their workplace is open, remains virtual or falls somewhere in between. Striking a balance between the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

Franczek P.C.

Can Schools Limit Parents’ Hostile Speech: Federal Court Says Yes

Franczek P.C. on

School personnel should expect to encounter a heated parent from time to time; parents are often understandably passionate about their children’s educations. But what happens when parental advocacy escalates from vigorous...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

Proskauer - California Employment Law

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Fisher Phillips

A Post-Election Survival Guide For Employers

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In the two months since the culmination of what many call the most bitterly contested presidential election in American history, employers are already reporting the conflict among employees is unlike any other in modern...more

Spilman Thomas & Battle, PLLC

A Contentious Presidential Election, #BlackLivesMatter and Bathroom Laws: Addressing Polarizing Current Events in the Workplace

It is practically impossible these days to turn on the news, get on the internet or listen to the radio without hearing about some polarizing event. Whether it is a debate over the presidential candidates, the...more

McAfee & Taft

Lessons in dealing with an “equal opportunity” harasser

McAfee & Taft on

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

JAMS

Employment Matters Newsletter, Fall 2015

JAMS on

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

Baker Donelson

The Confederate Flag is Down in South Carolina, but It's Up in Your Parking Lot: What Should You Do?

Baker Donelson on

There has been considerable press lately regarding efforts to remove the Confederate flag from state capitols, and to otherwise remove public displays of Confederate or similar symbols of "southern heritage." What is often...more

K&L Gates LLP

Speakers Only: Governmental Entities Must be Engaged in “Communicative Activity” to Qualify for Anti-SLAPP Protection

K&L Gates LLP on

On January 22, the Washington Supreme Court decided Henne v. City of Yakima, its first decision interpreting Washington’s anti-SLAPP statute (SLAPP is short for Strategic Lawsuit Against Public Participation). This case has...more

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