News & Analysis as of

Discrimination Discipline

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Parker Poe Adams & Bernstein LLP

What K-12 Leaders Need to Know About the Trump Administration's New Executive Order on School Discipline

The U.S. Department of Education (DOE) is developing significant changes to how school discipline is addressed at the federal level. An executive order from President Donald Trump in late April requires the DOE to issue new...more

Marshall Dennehey

California Initiates Automatic Expungement of Attorney Disciplinary Records

Marshall Dennehey on

In a first-of-its-kind move, the California State Bar endorsed a plan to expunge attorney discipline records—other than disbarment—after eight years. The practical effect of the move is that public discipline would no longer...more

Constangy, Brooks, Smith & Prophete, LLP

Make Sure The Discipline Train Leaves The Station On Time

Common sense suggests that once the discipline train has left the station an employee should not be able to derail it by filing a charge of discrimination or engaging in other protected activity. This concept is typically...more

Davis Wright Tremaine LLP

NLRB Announces New Standard for Reviewing Discipline for Offensive and Abusive Conduct

Yesterday, the National Labor Relations Board (NLRB) in General Motors LLC announced a big win for employers by changing the standard under which it will evaluate discipline issued to employees who make abusive or offensive...more

Sheppard Mullin Richter & Hampton LLP

Refresher: How to Comply With U.S. Export Controls and Anti-Discrimination Laws When Recruiting and Hiring Foreign Nationals

The scenario happens all the time: Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more

Franczek P.C.

Department of Education Releases New Guidance on SROs, Police in Schools

Franczek P.C. on

The Department of Education (DOE) and the Department of Justice (DOJ) have issued non-binding regulatory guidance regarding law-enforcement officers’ involvement in the administration of school discipline. The new guidance,...more

Zelle  LLP

Discipline Based on Social Media Activity – An Update

Zelle LLP on

Social media is no longer trendy. It’s commonplace, and so is discipline imposed because an employee posts something inappropriate. According to a Proskauer survey, 70 percent of employers report taking disciplinary action...more

Zelle  LLP

The Ten Most Important Rules for Employers

Zelle LLP on

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Pullman & Comley - Labor, Employment and...

Lessons For The NFL And Employers From “Deflategate”

To begin with, full disclosure: I am a lifelong New England Patriots fan (and season ticket holder). However, as an attorney I am trained to be objective. The aftermath of the “Deflategate” investigation should be of...more

Dorsey & Whitney LLP

Panel Discussion: Investigations and Employee Discipline

Dorsey & Whitney LLP on

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

Pullman & Comley - School Law

Dear Colleague Letter Urges Districts to Abandon “Zero Tolerance” in Student Discipline Policies

The Office for Civil Rights of the U.S. Department of Education (OCR) and the Civil Rights Division of the Department of Justice recently released a joint “Dear Colleague Letter” (DCL) providing guidance on administering...more

Franczek P.C.

What School Leaders Really Should Know About The Department Of Education’s Guidance On Discriminatory Discipline

Franczek P.C. on

Last week, the Department of Education issued a guidance package to help schools administer student discipline without discriminating against students on the basis of race, color, or national origin. The issue of...more

Best Best & Krieger LLP

Federal Authorities Crack Down on Student Discipline Practices

U.S. Departments of Education and Justice Issue Guidance Warning Against Unlawful Discrimination in Student Discipline - U.S. Secretary of Education Arne Duncan and U.S. Attorney General Eric Holder this week issued a...more

Ervin Cohen & Jessup LLP

Employment Law Reporter - August 2013: Don't have rules and policies unless you are prepared to discipline those who break them

In the immortal words of Stephen Covey, the genius who convinced us to micro-organize our lives into fifteen minute increments, "Effective leadership is putting first things first. Effective management is discipline, carrying...more

Franczek P.C.

Tips And Tricks: Avoiding Discriminatory Discipline Of Groups Of Students

Franczek P.C. on

Discriminatory discipline has been a hot topic this year in public schools, and the focus on this topic makes it one that school leaders should not ignore....more

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