Archives: Discrimination

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Sixth Circuit: Title VII Prohibits Discrimination Based on Transgender and/or Transitioning Status

Less than one week after the Second Circuit Court of Appeals held that Title VII’s prohibition on sex discrimination bars discrimination on the basis of sexual orientation, the Sixth Circuit Court of Appeals issued its own landmark Title VII … Read more

Texas Judge Clarifies Scope of Transgender Guidance Injunction; Feds Appeal to 5th Circuit

We have been tracking the development of litigation concerning rights, obligations, and duties with regard to transgender students as cases unfold across the country.

Earlier this summer, Texas and twelve other states challenged the propriety and legality of a joint … Read more

U.S. Department of Education and U.S. Department of Justice Release Dear Colleague Letters Jointly Announcing New SECURe Rubrics for School Resource Officer Programs

On September 8, 2016, the United States Department of Education and the United States Department of Justice’s Office of Community Oriented Policing Services (“COPS”) jointly released new guidance regarding school resource officer programs.  The new Safe School-based Enforcement through Collaboration, … Read more

New Prohibitions on Discrimination for Unpaid Interns

On June 19, 2015, the governor signed into law a series of protections for unpaid interns.  The new law, Public Act No. 15-56, extends the prohibitions on discrimination and harassment from the Connecticut Fair Employment Practices Act (“CFEPA”) to … Read more

Federal Government Files ‘Statement of Interest’ In Gender-Identity Case

In recent years, there have been increasing concerns involving discrimination faced by the transgender community.  Not surprisingly, these concerns have centered on the challenges faced by gender non-conforming students and whether the needs of such students are being met by … Read more

U.S. Department of Education Issues Guidance on Ebola for K-12 Schools

In response to the Ebola epidemic, the U.S. Department of Education (“USDOE”) has issued a letter to schools and districts providing updated guidance and resources to assist schools and communities in establishing practices and protocols related to Ebola, as well … Read more

Michigan Teacher Sues School District for Requiring Her to Have Psychological Exam

A high school teacher in Michigan has filed suit in federal court against Arbor Public Schools after the school district ordered her to undergo a psychological examination as a condition for continuing her employment.

The teacher was placed on leave … Read more

The Second Circuit Upholds a $1 Million Jury Award to a Student Who Was Repeatedly Harassed by Fellow Students

Title VI of the Civil Rights Act of 1964 prohibits public school systems that receive federal funding from intentionally discriminating on the basis of race, color, or national origin. A school district can be liable for intentional discrimination when it … Read more

ADA Does Not Restrict School Districts When Teachers Can’t Perform Essential Functions of Job

Two recent decisions, one from the Sixth Circuit of Appeals and the other from the Ninth Circuit of Appeals, interestingly with both decisions having a plaintiff named Johnson, offer clarification of the accommodations required by school districts pursuant to the … Read more

Employers Need to Update Policies Regarding Employee Genetic Information

Schools need to review their employment policies to ensure compliance with regulations clarifying the employer’s obligations under the Genetic Information Nondiscrimination Act, more commonly referred to as “GINA”. These regulations went into effect on January 9, 2011. In particular, Boards … Read more

Employers Must Update Their EEO Posters

Employers with 15 or more employees must now update the information they post regarding discrimination laws to include information about the newly enacted Genetic Information Non-Discrimination Act of 2008 (GINA). GINA prohibits employers from discriminating against employees on the basis … Read more

Comment Period for Revised ADA Regulations Open

By legislation effective January 1, 2009, Congress expanded the scope of the Americans with Disabilities Act (“ADA”) so that a greater number of individuals will be considered “disabled” or be “regarded as disabled.” This legislation was intended to reverse the … Read more