News & Analysis as of

Universities Adverse Employment Action

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Fisher Phillips

Minor Recruiting Violations May Not Always Amount to Just Cause – 4 Takeaways for Athletic Departments

Fisher Phillips on

An arbitrator recently ruled that the University of Connecticut owes its former men’s basketball coach more than $11 million after determining the school violated a collective bargaining agreement by firing him without just...more

Genova Burns LLC

2020: The Year of the Mole? New Jersey Appellate Division Grants Employee A Second Chance to Pursue Whistleblower Claim

Genova Burns LLC on

In the final throws of 2020, a former Rutgers employee was granted a second chance to pursue her whistleblower claim. On December 29, 2020, the Superior Court of New Jersey, Appellate Division, in Debra Herbe v. Rutgers...more

Jaburg Wilk

What Arizona Teachers, Professors, and School Employees Need to Know if They Feel Unsafe Returning to In-person Class Instruction...

Jaburg Wilk on

Many employees of schools and universities are fearful about returning to work due to concerns about contracting COVID-19. There are many state and federal laws that offer protections to these employees....more

Littler

British Columbia, Canada: Human Rights Tribunal Dismisses Claim that University Faculty Member’s Comment Constituted Sexual...

Littler on

In an anonymized decision, The Employee v. The University and another (No. 2), 2020 BCHRT 12, the British Columbia Human Rights Tribunal (BCHRT) decided that a comment a faculty member made to a university employee during a...more

Bowditch & Dewey

Beyond the Advancement Decision Itself: When Lack of Opportunities and Resources May Constitute Sex Discrimination

Bowditch & Dewey on

Altha Cravey, a female geography professor, is suing the University of North Carolina and three administrators for gender discrimination and retaliation (for raising concerns of sex and racial discrimination). In part, her...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

Fisher Phillips on

It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more

Pullman & Comley - School Law

Making Bad Choices: Title IX, Title VII and Ludlow V. Northwestern University

A prior post considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding...more

Proskauer - California Employment Law

Employee Could Proceed With Whistleblower Claim Based On Suspected Commercial Bribery

Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery...more

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

Who Got It Right?

Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf...more

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