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Teachers Employment Litigation

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Continues Trend in Finding Teachers Must Be Able to Work in Person

During the COVID-19 pandemic, we saw a number of federal court decisions involving disability discrimination claims from teachers who requested full-time remote work as an accommodation for compromised immune systems or other...more

Miller Canfield

Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest

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On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 WL 8431635 (for...more

Parker Poe Adams & Bernstein LLP

Another Federal Court Finds In-Person Teaching Essential Function Under Americans With Disabilities Act

Last month, we reported a First Circuit Court of Appeals decision that rejected an Americans with Disabilities Act claim brought by a teacher who was denied an extended leave of absence for recovery from surgery. The court...more

Epstein Becker & Green

First Circuit Rules in Favor of Private School in Teacher’s ADA Suit

Epstein Becker & Green on

On November 7, 2023, the United States Court of Appeals for the First Circuit affirmed the United States District Court for the District of Massachusetts’ dismissal of a teacher’s suit against her former employer, Austin...more

Parker Poe Adams & Bernstein LLP

In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act

In last week’s EmployNews, we discussed a growing trend of employees basing requests for remote work on mental or physical disabilities, and therefore requesting accommodations under the Americans with Disabilities Act. In...more

Venable LLP

Between a Rock and a Hard Place: The Legal Debate Over Preferred Pronoun Usage in the Classroom Continues with Institutions of...

Venable LLP on

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

Fisher Phillips

New Jersey Supreme Court Sides with Catholic School That Fired Unwed Pregnant Worker: 6 Key Takeaways for Religious Schools

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Religious schools in New Jersey that make employment decisions based on the tenets of their faith just received a favorable ruling from the state’s highest court last week. The case involves an unmarried Catholic school...more

Tucker Arensberg, P.C.

Inconsistent Practice of Salary Schedule Placement for New Employees Can Lead to Equal Pay Claim

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Rebecca Cartee-Haring v. Central Bucks School District, Civil Action No. 20-1995 (E.D. Pa. 8/24/22) (A federal court grants certification of a collective action by female teachers pursuing an Equal Pay Act claim for...more

Fisher Phillips

Court Permits Unequal Pay Collective Action to Proceed: What Schools Can Do to Proactively Avoid Wage Bias Litigation

Fisher Phillips on

A group of female teachers in Pennsylvania were recently given the green light by a federal court judge to proceed with their wage bias lawsuit as a collective action, which should provide schools across the country incentive...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

July 2021: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Burr & Forman

South Carolina Professor Loses Breach of Employment Contract Case

Burr & Forman on

A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more

Orrick - Equal Pay Pulse

Ninth Circuit Hears Pay Case Challenging University Pay Decisions

On Tuesday, May 12, 2020, the Ninth Circuit heard oral argument in Freyd v. University of Oregon. Jennifer Freyd, a professor of Psychology at the University of Oregon, filed a class action lawsuit in March 2017 alleging...more

Littler

First Circuit Holds that Having an Employee Involuntarily Committed May Not Violate the ADA

Littler on

All employers should care about their employees’ mental health – but when does this concern put an employer in territory that may violate the Americans with Disabilities Act (ADA)?  In López-López v. The Robinson School, the...more

Franczek P.C.

Recent Case Addresses Board of Education Dismissal of Tenured Teacher Over Hearing Officer Finding of No Cause

Franczek P.C. on

In a recent decision, the Appellate Court of Illinois rejected a school board’s decision to terminate a tenured teacher for misconduct despite a hearing officer’s finding that there was insufficient evidence of cause for...more

Tucker Arensberg, P.C.

Commonwealth Court Grants Over Four Years of Additional Back Pay to A Teacher, Overturning Pennsylvania Secretary of Education on...

Tucker Arensberg, P.C. on

Vladimirsky v. School Dist. of Phila., 206 A. 3d 1224 (Pa. Commw. Ct. 2019).  The Pennsylvania Commonwealth Court overturned a finding of the Pennsylvania Department of Education that teacher did not exercise reasonable due...more

Franczek P.C.

IL Court Clarifies RIF Rules When Tenured Teacher Evaluated Twice in One School Year

Franczek P.C. on

Decisions on reductions in force in school districts are not common in Illinois, so a recent opinion from the Fourth District Appellate Court warrants brief mention. The issue in a recent case, Nafziger v. Board of Education...more

Franczek P.C.

Illinois Supreme Court Will Opine on District’s Ability to Restrict Sick Leave

Franczek P.C. on

Last month, the Illinois Supreme Court granted a petition for leave to appeal the Illinois Appellate Court’s decision in Dynak v. Board of Education of Wooddale School District 7, 2019 IL App (2d) 180551, which held that a...more

Fisher Phillips

Red Flag: When An Employee Raises ADA Issues During Disciplinary Meetings

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The need to consider Americans with Disabilities Act (ADA) accommodations can happen at any time during the employment relationship. Generally, an employee will ask for an accommodation before problems with performance...more

Parker Poe Adams & Bernstein LLP

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

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