Must a student with a disability prove that their school acted in “bad faith” to win a discrimination case? Until now, courts in some parts of the country said yes, requiring disabled students to meet a higher standard than...more
6/16/2025
/ Americans with Disabilities Act (ADA) ,
Bad Faith ,
Civil Rights Act ,
Disability Discrimination ,
Evidentiary Standards ,
OCR ,
Public Schools ,
Rehabilitation Act ,
School Districts ,
School Policies ,
SCOTUS ,
Special Education ,
Students ,
Title II
On March 20, 2025, President Donald J. Trump signed an Executive Order (“EO”) titled “Improving Education Outcomes by Empowering Parents, States, and Communities,” directing the Secretary of Education to undertake all...more
3/24/2025
/ Charter Schools ,
Civil Rights Act ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
IDEA ,
Public Schools ,
Regulatory Reform ,
Students ,
Title I ,
Trump Administration
Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more
Federal law prohibits employers from relying on certain protected statuses (race, color, religion, sex, or national origin) when making employment decisions. Lower courts have required employees suing employers to point to a...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On June 16, 2021, the U.S. Department of Education ("DOE") issued a "Notice of Interpretation" expanding protection of gay and transgender students under Title IX to include educational institutions receiving federal monies....more
6/18/2021
/ Administrative Interpretation ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Colleges ,
Department of Education ,
Educational Institutions ,
Federal Funding ,
Gender Identity ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Student Athletes ,
Title IX ,
Transgender ,
Universities
Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more
6/9/2021
/ Appeals ,
Civil Rights Act ,
EEO ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Protected Activity ,
Public Policy ,
Retaliation ,
Reversal ,
Summary Judgment ,
Title VII ,
Wrongful Termination