News & Analysis as of September 18, 2024

Title VII › Public Schools

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

Jackson Lewis P.C. on 5/14/2024

Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana...more

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

Parker Poe Adams & Bernstein LLP on 2/9/2024

In the past several months, there has been a sharp rise in reports of antisemitic, Islamophobic, and other hate-based incidents at K-12 schools. Reported threats against faith communities, particularly Jewish and Muslim...more

Navigating the Intersection of Religion and Public Schools

Parker Poe Adams & Bernstein LLP on 9/25/2023

Public school districts across the country face an October 1 deadline to certify they do not prevent constitutionally protected prayer — or else they could lose federal funding. The certification is an annual exercise,...more

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/11/2023

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/22/2022

On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

FordHarrison on 8/18/2022

Executive Summary: Minneapolis public school teachers of color will have additional job protections this upcoming school year under a new contract allowing them to keep their jobs rather than white instructors with more...more

Vaccine Mandates are Becoming the Rule and Not the Exception: What Employers Need to Know

Laner Muchin, Ltd. on 10/20/2021

The COVID-19 pandemic threw the world into a state of uncertainty and life-threatening risk with ever changing health and safety recommendations and mandates. The alleged “two weeks” that it would take to combat the virus has...more

Religious Institutions Update: December 2020

Holland & Knight LLP on 12/23/2020

In Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York...more

Poloceno v. Dallas Indep. Sch. Dist., No. 20-10098, 2020 WL 5494511 (5th Cir. 2020)

TNG Consulting on 10/15/2020

Summary of procedural history: Plaintiff, the parent of A.I., an eleven-year-old student in the Dallas Independent School District (DISD), filed suit alleging DISD subjected A.I. to intentional discrimination based upon...more

Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX

Tucker Arensberg, P.C. on 1/3/2019

Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling that a student’s conduct of kneeing her alleged harasser did not constitute...more

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

FordHarrison on 6/12/2017

On May 30, 2017, on the heels of the Seventh Circuit’s ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII, a unanimous three-judge panel of...more

Ninth Circuit Clarifies Employer Burden Under EPA to Justify Pay Differential

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/1/2017

On April 27, 2017, a panel of the Ninth Circuit Court of Appeals vacated and remanded a district court’s ruling denying an employer’s motion for summary judgment on an Equal Pay Act (EPA) claim. In so doing, the court...more

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

Haynsworth Sinkler Boyd, P.A. on 2/28/2017

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

FordHarrison on 2/20/2017

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

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Title VII › Public Schools

Religious Institutions Update: July 2024

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

What K-12 Schools Need to Know About Georgia's New Antisemitism Law and Other Federal Guidance on Religious Harassment

Navigating the Intersection of Religion and Public Schools

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

New Collective Bargaining Agreement for Minneapolis Teachers Will Structure Layoffs by Race

Vaccine Mandates are Becoming the Rule and Not the Exception: What Employers Need to Know

Religious Institutions Update: December 2020

Poloceno v. Dallas Indep. Sch. Dist., No. 20-10098, 2020 WL 5494511 (5th Cir. 2020)

Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX

During Last Week of School Seventh Circuit Rules in Favor of Transgender Teen On Restroom Use

Ninth Circuit Clarifies Employer Burden Under EPA to Justify Pay Differential

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

Connecticut Federal Court Expands Title VII Protections to Sexual Orientation

Transgender Accommodation Issues at the Forefront of Employment and Education

Special Report: How Should NC Employers Apply Restroom Policies Following HB2?

Let My Field Trips Go

Recent Case Reminds Schools of First Amendment and Title VII Responsibilities in Employment Context

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

Separate and Unequal

Title VII › Public Schools

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