News & Analysis as of

Educational Institutions Employer Liability Issues

Pullman & Comley - Labor, Employment and...

When Employees Behave Badly: So, What Must Be Turned Over to the Public?

As those familiar with the Connecticut Freedom of Information Act (FOIA) know, under the law the vast majority of public-employee personnel related records are subject to disclosure upon request.  Nowhere is this more evident...more

Womble Bond Dickinson

DOJ’s DEI Directive: Navigating New Compliance Risks

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On July 29, 2025, the U.S. Department of Justice issued a memorandum to federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination”. The Guidance is intended to clarify how federal...more

Husch Blackwell LLP

$10M California Jury Verdict Reversed and Remanded Over Evidentiary Issues

Husch Blackwell LLP on

A California Superior Court recently saw its decision reversed on appeal to the California Court of Appeal over several improper evidentiary rulings in Sabrena Odom v. Los Angeles Community College District, et al., (2025)...more

Parker Poe Adams & Bernstein LLP

Georgia High Court Will Not Review Ruling Stripping Immunity From K-12 School Leaders

A Georgia Court of Appeals decision will now stand after the Georgia Supreme Court declined on Tuesday, July 1, to review the case. The ruling has serious implications for the doctrine of official immunity for K-12 employees...more

Ice Miller

Anti-DEI Enforcement Takes Shape: DOJ and States Apply New Vision of Civil Rights

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At the beginning of the second Trump administration, the President and Attorney General Pam Bondi indicated they would use the levers of government to end DEI (diversity, equity, and inclusion) policies and programs. The...more

Pullman & Comley - Labor, Employment and...

An Overview of Legislation Affecting Employers Passed by the 2025 Session of the Connecticut General Assembly

The 2025 Regular Session of the Connecticut General Assembly, which concluded on June 4, 2025, was not especially prolific in terms of the volume of labor-and employment-related bills passed.  ...more

Seyfarth Shaw LLP

Watch the Clock: Fifth Circuit Rules that a Six-Month Delay Can Support a Failure to Accommodate Claim

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In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that a factfinder could conclude that an employer’s six-month delay during the ADA interactive process could amount to a failure to...more

Husch Blackwell LLP

Missouri Supreme Court Defines "Sex" in MHRA Public Accommodation Case: Potential Implications for Employers

Husch Blackwell LLP on

Last week, the Missouri Supreme Court firmly held that “sex” refers only to “one’s biological classification as male or female” under the provision of the Missouri Human Rights Act (MHRA) prohibiting discrimination in public...more

Seyfarth Shaw LLP

Green Light for a New Era: Final Approval of House v. NCAA Settlement Ushers in Historic Change for College Athletics—and a...

Seyfarth Shaw LLP on

On June 6, 2025, Judge Claudia Wilken of the Northern District of California granted final approval of the landmark House v. NCAA settlement, clearing the way for NCAA Division I schools to directly compensate...more

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

Seyfarth Shaw LLP on

On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

Clark Hill PLC on

On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more

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

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

DOJ Civil Rights Fraud Initiative Signals Expansive Enforcement Threat for Employers Receiving Federal Funds

On May 19, 2025, the U.S. Department of Justice (DOJ) launched its Civil Rights Fraud Initiative. This is a coordinated enforcement effort aimed at using the False Claims Act (FCA) to investigate and, where appropriate,...more

TNG Consulting

Should Schools and Colleges Remove Gender Identity Protections from Policy?

TNG Consulting on

Like many firms with a leadership think tank, our consultants collaborate to inform how we advise our clients and ATIXA’s members. Recently, we discussed the Trump Administration’s Executive Order (EO) that limits its...more

Cozen O'Connor

Virginia Viewpoint: From Surplus to Safety Net

Cozen O'Connor on

On May 2, the Governor signed the state budget that will fund the remainder of the biennium through June 30, 2026. This marks the first time in eight years the legislature completed its work without requiring a special...more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

Poyner Spruill LLP on

In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

Seyfarth Shaw LLP

The New Standard for Reasonable Accommodations in the Second Circuit

Seyfarth Shaw LLP on

The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with...more

Franczek P.C.

Week in Review: Important Recent Court Rulings, Continued Changes at the NLRB, and The Department of Ed Continues Its...

Franczek P.C. on

We saw a flurry of activity this week from the Supreme Court, with rulings that employers and educational institutions should be aware of. Specifically, the Supreme Court ruled in the Trump Administrations’ favor on several...more

Husch Blackwell LLP

New Visa Rules Target Transgender Individuals: Considerations for Employers and Educational Institutions - Updated

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A memo issued by Secretary of State Marco Rubio, titled “Guidance for Visa Adjudicators on Executive Order 14201: ‘Keeping Men Out of Women’s Sports,’” introduces new U.S. visa policies that affect transgender individuals...more

Tucker Arensberg, P.C.

Court Limits Title IX / Civil Rights Claims Against Participating Districts in Technology Centers

B.W. v. Career Technology Center of Lackawanna County, 2024 W.L. 4300718 (M.D. Pa. 2024). On various claims arising from alleged abuse of former students, Federal District Court denies summary judgment for career technology...more

Fisher Phillips

Do’s and Don’ts for Your School When Conducting Job Interviews

Fisher Phillips on

The job interview is a crucial factor in maintaining a school’s community, identity, and safety. But it isn’t just a chance to vet applicants for compatibility with school culture and mission – it’s also when your school can...more

Fisher Phillips

Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

Fisher Phillips on

As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

Bradley Arant Boult Cummings LLP

11th Circuit Speaks: No Implied Right of Action for Employees Under Title IX for Sex Discrimination

The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says Title IX Does Not Allow Employment Discrimination Claims

In a break from other federal appeals courts, the Eleventh Circuit ruled last week that Title IX does not provide school district and university employees with a private right of action to file sex-based discrimination...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

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