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Bradley Arant Boult Cummings LLP

Better Late Than Never? Not in the 5th Circuit: Delayed Action on Accommodation May Be ADA Violation

Earlier this month, in Strife v. Aldine Independent School District, the Fifth Circuit Court of Appeals held that an employer’s delayed accommodation of an employee’s disability could amount to a failure to accommodate under...more

Lowenstein Sandler LLP

The Future of the False Claims Act

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On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Fisher Phillips

First 100 Days Report for Employers

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Welcome to FP’s First 100 Days Report for Employers. The first 100 days of any new administration set the tone for what’s to come—and in 2025, that tone has been unmistakable: bold, fast-moving, and deeply consequential for...more

Seyfarth Shaw LLP

The New Risk for Global Talent: F-1 SEVIS Terminations and Student Visa Revocations

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Over the past several months, international students in F-1 status have experienced heightened scrutiny. Increasing numbers of reports indicate that students are facing visa revocations and the termination of their records in...more

Fisher Phillips

What Do Employers and Educational Institutions Need to Know About Revocation of Student Visas? Answers to Your Biggest Questions

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International students and recent graduates across the county are facing the possibility of the government revoking their F-1 Student status or J-1 Exchange Visitor status, exposing them to the possibility of deportation –...more

Proskauer - Law and the Workplace

Second Circuit Clarifies ADA Standard on Reasonable Accommodations

Employers in New York, Connecticut, and Vermont should take note of a recent Second Circuit decision holding that an employee may still be entitled to a reasonable accommodation under the Americans with Disabilities Act...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodation may be required even if “essential functions” can be performed without

Interesting decision this week from a three-judge panel of the U.S. Court of Appeals for the Second Circuit. A high school math teacher (we’ll call her “Ms. Plantagenet”) had post-traumatic stress disorder. Years earlier, her...more

Venable LLP

Federal Court Narrowly Construes FTC Jurisdiction Over Nonprofit Institutions

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In a surprising ruling, a federal district court in Arizona has held that the Federal Trade Commission (FTC) cannot prosecute claims under the FTC Act against a nonprofit educational institution. Late last year, the FTC...more

Fenwick & West LLP

The Future of DEI Shareholder Proposals

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Following the death of George Floyd and the Black Lives Matter protests against racial inequity in 2020, many companies increased their commitments to diversity, equity and inclusion (DEI), as well as their external...more

Jenner & Block

DEI in the Crosshairs: Reflections On 2023 And Predictions For 2024

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From the classroom to the boardroom, attacks on diversity, equity, and inclusion (DEI) gained significant momentum in 2023. Bolstered by their victory at the Supreme Court in the Students for Fair Admissions (SFFA) cases,...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

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

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

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

Jenner & Block

Client Alert: State Legislators Target Diversity Statements in Latest Effort to Dismantle DEI Initiatives

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As a growing number of state legislatures across the country advance anti-DEI initiatives before the end of their respective legislative sessions, diversity statements are in the crosshairs. Diversity statements began...more

Husch Blackwell LLP

NLRB May Soon Expand Jurisdiction Over Educational Institutions with Religious Affiliations

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It is not often that the National Labor Relations Board (the “Board”) gives employers a heads-up before it makes broad, and often burdensome, changes, but a recently issued ALJ decision might be the exception to the rule....more

Morrison & Foerster LLP

Are Workplace Diversity Programs in Jeopardy if the Supreme Court Ends Affirmative Action in College Admissions?

With the U.S. Supreme Court seemingly poised to end affirmative action for college admission programs, many U.S. employers are wondering whether or to what extent they can continue their diversity, equity, and inclusion (DEI)...more

Littler

Second Circuit Rejects Claim of Employee Fired for Refusing to Attend Training Session on LGBTQ Bias

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The U.S. Court of Appeals for the Second Circuit has rejected an employee’s claim that he was unlawfully discriminated against based on religion after he refused to attend mandatory LGBTQ anti-discrimination trainings. In...more

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

NLRB Judge’s Decision Tees Up Reconsideration of Test for Religious Exemption

On February 23, 2023, an administrative law judge for the National Labor Relations Board (NLRB) ruled that a Catholic university in Florida is exempt from the Board’s jurisdiction as a religious institution. But the case tees...more

Perkins Coie

University of Colorado System Scores COVID-19 Property Insurance Coverage Win

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A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance...more

McNees Wallace & Nurick LLC

Federal Court Finds Educational Institutions Can Be Held Liable Under Title IX for Actions of Non-Students

In a precedential decision, the United States Court of Appeals for the Third Circuit recently revived a lawsuit against Millersville University, finding for the first time that a university may be held liable under Title IX...more

Bowditch & Dewey

Changes to DOE Enforcement of New Title IX Regulations

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The US Department of Education announced this week that secondary schools are no longer prohibited from relying on statements that are not subject to cross-examination in Title IX decision-making. The announcement comes on...more

Carlton Fields

Federal Court Upholds University's Vaccine Mandate

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In a case of first impression, an Indiana federal district court recently rejected a constitutional challenge brought by several students to a public university's requirement that students receive the COVID-19 vaccine as a...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 2021 Higher Education Compliance Conference - June 14th - 16th, 9:00 am - 5:00 pm CDT

Attend SCCE’s annual conference for those who manage compliance at higher education institutions. Learn best practices and strategies, ask questions of the speakers, and share ideas with other attendees. The 2021 virtual...more

Fisher Phillips

Florida’s New Law Shields Various Businesses, Institutions, and Healthcare Providers Against COVID-19 Liability

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With the click of a pen, Florida Governor Ron DeSantis signed a new law — the most aggressive of its kind compared to others passed across the country — that protects businesses, educational and religious institutions,...more

Amundsen Davis LLC

The American Rescue Plan Act Of 2021: What’s In It For Employers?

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Almost one year after the enactment of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), and with the second extension of pandemic unemployment assistance about to expire for millions of workers on March...more

Parker Poe Adams & Bernstein LLP

Old Comment on Need for Higher Starting Salary Revives Pay Discrimination Lawsuit

The Lilly Ledbetter Fair Pay Act allows plaintiffs to pursue equal pay claims based on prior actions that continue to have a negative effect on their salaries. Last month, the Seventh Circuit Court of Appeals reversed a grant...more

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