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Employer Liability Issues Universities

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

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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

TNG Consulting

Should Schools and Colleges Remove Gender Identity Protections from Policy?

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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

Meyers Nave

Ninth Circuit Rules on Caste as a Protected Class in CSU’s Anti-Discrimination Policy

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On March 12, 2025, the Ninth Circuit issued its decision in Kumar v. Koester, dismissing a constitutional challenge to a university’s anti-discrimination policy that added “caste” as a protected class. Effective January 1,...more

Williams Mullen

PODCAST: Williams Mullen's Gavels & Gowns - Enforcement on Campus: The Impact of New Immigration Priorities on Academia

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In this episode of Gavels & Gowns, an Education Law Podcast, host Micah Schwartz speaks with Tom Narvaez, an immigration attorney in our Labor, Employment & Immigration Section, to discuss how universities, colleges, and...more

Fisher Phillips

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

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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

Federal Appeals Court Revives University Worker’s Equal Pay Claim: How Your School Can Ensure Compliance

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In a decision that will have implications for how colleges and universities across the country pay their administrators, faculty, and staff, the 11th Circuit Court of Appeals in Atlanta this month revived a former athletic...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

Akerman LLP

What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

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Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were...more

Foley Hoag LLP - White Collar Law &...

Reflecting on Higher Education Compliance and Investigations Trends in 2023 and Looking Ahead to 2024

This is the fifth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...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

Bricker Graydon LLP

[Webinar] Employment Law Update (Higher Education Series) - October 6th, 12:00 pm - 1:00 pm EST

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Join us to gain insights on how to remain current and in compliance with your workforce policies and practices, including topics such as new pregnancy protections and pumping protections, changes for non-compete and...more

FordHarrison

OFCCP Announces New Scheduling Letter for Federal Contractors

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On August 25, 2023, OFCCP issued a new Scheduling Letter and Itemized Listing (the “Scheduling Letter”) effective the day before publication and applicable to all compliance reviews initiated on or after August 24, 2023....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, August 2023

Understanding the New Pregnant Workers Fairness Act and Full Scope of Pregnancy-Related Discrimination Laws for Schools - On June 27, 2023, the Pregnant Workers Fairness Act went into effect. This new law requires covered...more

Husch Blackwell LLP

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

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Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...more

Lathrop GPM

Supreme Court Restricts Use of Race in College Admissions; Decision Could Impact Employers as Well

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On June 29, 2023, the United States Supreme Court issued a landmark ruling sharply restricting the use of race in college admissions. The Court’s decision immediately reshaped the landscape of student affirmative action...more

Perkins Coie

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

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On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Paul Hastings LLP

What Employers Need to Know about the SCOTUS Affirmative Action Decision

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Federal law governing affirmative action and non-discrimination in employment is unaffected by the Supreme Court’s highly publicized affirmative action decision published June 29, 2023. Still, the decision is sure to...more

FordHarrison

[Webinar] Supreme Court's Recent Affirmative Action Ruling: What Does This Mean for Businesses? - July 12th, 1:00 pm - 2:00 pm EDT

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On June 29, 2023, the Supreme Court overturned Grutter v. Bollinger, ending affirmative action in higher education and causing significant changes to college admissions procedures. Although the ruling makes a major impact on...more

Jenner & Block

Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate...

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On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more

Verrill

DEI Efforts in the Wake of the Supreme Court’s College Admissions Decision

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Last week the United States Supreme Court issued a 6-3 decision ending a four-decade precedent which had allowed universities and colleges to consider the race of applicants during the admissions process. What, if anything,...more

Fisher Phillips

How Florida’s New Bathroom Law Will Impact Schools, Public Employers, and Businesses

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Florida lawmakers passed a bill on Wednesday that will make it a crime for individuals to use certain bathrooms that don’t align with their gender at birth, raising many questions for schools, public employers, and businesses...more

Littler

“Stop-WOKE” Takes Aim at Florida’s Colleges and Universities

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Florida’s most recent anti-“WOKE” legislation places diversity-related work and diversity-focused positions on state campuses under threat. House Bill 999 (Postsecondary Educational Institutions), which was approved in a...more

Mitratech Holdings, Inc

[Webinar] Panel Discussion – The Current Debate Over Affirmative Action: What This Means for Employers - April 5th, 9:30 am PT

As we await the Supreme Court’s decisions on the Harvard and UNC cases involving the long-held practice of using race as a factor in student admissions policies, affirmative action hangs in the balance and poses questions as...more

Bradley Arant Boult Cummings LLP

Don’t Overlook These 5 Benefits Issues Facing Higher Education Institutions

All employers are faced with challenges and compliance risks associated with providing benefits to their employees. However, these risks and challenges can vary greatly by industry. Employers (and their advisors) who...more

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