Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt and Antwan Lofton of Duke University
A Retaliation Refresher: What's the Tea in L&E?
#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®
Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard
Constangy Clips Ep. 9 - The Penalty Playbook: 3 Pointers for Employee Discipline
Harassment in the Celebrity Workplace: Insights From It Ends With Us — Hiring to Firing Podcast
Hoops and Legal Loops: The Dearica Hamby Case Explained
Workplace Investigation Protocols: One-on-One with Greg Keating
Webinar: Is Your DEI Policy Setting You Up for a Lawsuit?
Navigating Employment and Separation Agreements: Lessons From Al Pacino's Serpico — Hiring to Firing Podcast
Employment Law Now VII-130- An Interview With EEOC Commissioner (Vice Chair) Jocelyn Samuels
#WorkforceWednesday: Whistleblower Risks in an Economic Downturn, Whistleblower Protection Settlement - Employment Law This Week®
DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule
What's Going on With Whistleblower Lines
#WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week®
Whistleblowers: Don't Drink the Government's Kool-Aid
What Employers Should Know About the Federal Joint Initiative to Reduce Workplace Retaliation
#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week®
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
#WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections - Employment Law This Week®
Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more
In a lawsuit filed against Vanderbilt University by a male student who was disciplined for spreading rumors about alleged sexual misconduct by another male student, a federal district court allowed the plaintiff to pursue...more
Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more
In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more
The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more
This is part four of a series examining the most topical changes applicable to higher education contained in the new Title IX regulations released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more
Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more
In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more
When someone reports wrongdoing at a college or university, it isn’t always easy to prove what happened. If the institution makes a misstep in the response, however, that can lead to increased liability....more
Are you a Title IX team member who needs to make sure your annual Clery training requirements are fulfilled? This training is designed to cover the annually required topics listed in 34 C.F.R. 668.46(k)(2)(ii) through the...more
Following a $3,000,000 jury verdict against it earlier this year, The University of Texas at Austin (“UT Austin”), recently reconsidered the tenure bid of Dr. Evdokia Nikolova (“Dr. Nikolova”). In July 2020, Dr. Nikolova...more
A student at Ohio University, Plaintiff (Doe) reported that another student (Smith) sexually assaulted her while she was intoxicated and unable to consent. Throughout the investigation process, Plaintiff alleged significant...more
On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more
The Department of Justice recently filed a Statement of Interest in Thomas v. Bd. of Regents of the University of Nebraska, a case pending in the United States District Court for the District of Nebraska asserting peer...more
PROCEDURAL HISTORY: In 2016, Lauren Kesterson filed suit against Kent State University (KSU), former KSU softball coach Karen Linder, and former interim KSU softball coach Eric Oakley. She asserted that Linder and Oakley...more
In the final throws of 2020, a former Rutgers employee was granted a second chance to pursue her whistleblower claim. On December 29, 2020, the Superior Court of New Jersey, Appellate Division, in Debra Herbe v. Rutgers...more
COVID-19 and Unprecedented: Litigation Insights, Issue 23 - This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more
Last month, the D.C. Circuit revived a False Claims Act (“FCA”) retaliatory discrimination claim by a former employee of Howard University contending that she was fired by the University for objecting both internally and...more
In the aftermath of concerns on student-athlete safety following the death of a Maryland football player during conditioning drills last year, new legislation takes aim by providing protections on the right of college...more
Altha Cravey, a female geography professor, is suing the University of North Carolina and three administrators for gender discrimination and retaliation (for raising concerns of sex and racial discrimination). In part, her...more
It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more
The courts, the Department of Justice, and the Equal Employment Opportunity Commission hold differing views on whether Title VII prohibits employment discrimination on the basis of sexual orientation or sexual identity....more
Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more