Archives: Employer Responsibilities

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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

Statutory Changes to Athletic Trainer Laws: What’s New?

By Peter J. Maher and Laura Fisher on October 13, 2017 Posted in Colleges and Universities, Employer Responsibilities, Extracurricular Activities, Independent Schools, Public Schools, Supervision of Students

Earlier this summer, the Connecticut General Assembly passed Public Act No. 17-195, An Act Concerning Athletic Trainers (the “Act”), which amended the statute governing the professional requirements surrounding athletic trainers. Effective October 1, 2017, Section 1 of the Act amended … Read more

High School Sleuths Expose Questionable Credentials of New Principal

By Anne H. Littlefield and Ashley L. Marshall on April 24, 2017 Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Employer Obligations, Employer Responsibilities, Employment of Teachers, Public Schools, Responsibilities, Teacher Employment, Evaluation and Dismissal

Earlier this month in the city of Pittsburg, Kansas, a group of curious student journalists raised serious questions about the credentials of their newly hired principal, Amy Robertson. According to the Kansas City Star, Robertson had received 100 percent … Read more

Register Now for Teacher Evaluations in Connecticut: Where Are We Now?

By Richard A. Mills, Thomas B. Mooney, Jessica L. Ritter and Melika S. Forbes on January 12, 2017 Posted in Employer Obligations, Employer Responsibilities, Evaluation, Public Schools, Seminars and Events, Teacher Employment, Evaluation and Dismissal

It has been nearly five years since the Connecticut General Assembly adopted Public Act 12-116 titled An Act Concerning Educational Reform, and most importantly, made changes to Section 10-151b regarding the teacher evaluation process. Changes to Section 10-151b provide that … Read more

Food and Nutrition Service of the USDA Releases New Rule Regarding School Wellness Policies

By on September 15, 2016 Posted in Board of Education, Generally, Employer Responsibilities, Public Schools, Responsibilities

The Food and Nutrition Service of the United States Department of Agriculture has released its final rule regarding Local School Wellness Policies under the Healthy, Hunger-Free Kids Act of 2010. All local school wellness policies must be compliant with the … Read more

Effective July 1, 2016, School Districts Subject to New Requirements for Employee Background Checks

By Jessica Richman Smith, Gary R. Brochu, Peter J. Murphy and Peter J. Maher on August 5, 2016 Posted in Employer Obligations, Employer Responsibilities, Public Schools

Previously, Conn. Gen. Stat. § 10-222c merely required school districts to make a documented good faith effort to contact previous employers of applicants to obtain “information and recommendations which may be relevant to the [applicant’s] fitness for employment” before hiring … Read more

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

By Anne H. Littlefield, Leander A. Dolphin and Melika S. Forbes on April 23, 2015 Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Discrimination, Employer Obligations, Employer Responsibilities, Federal and State Role in Education, Independent Schools, Liability, Public Schools, Responsibilities, Rights of Students, Students

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

Employers: Remember to Check Your Employees’ Income Tax Withholding Forms

By Ray Casella on January 21, 2015 Posted in Colleges and Universities, Employer Obligations, Employer Responsibilities, Independent Schools, Public Schools

Income tax filing day (April 15th) will be here shortly. Whether a school’s employee gets a tax refund or makes a payment generally depends on what is on the two Forms W-4 that the employee completed when they were hired. … Read more

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

By Julie C. Fay and Melika S. Forbes on January 9, 2015 Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Constitutional Rights, Discrimination, Employer Obligations, Employer Responsibilities, Individuals with Disabilities Education Act (IDEA), Public Schools, Publications and Alerts, Responsibilities, Rights of Students, Special Education, Students, Superintendents

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

ABA Approves Model Workplace Policy on Employer Responses to Domestic Violence

By Daniel Schwartz on August 15, 2014 Posted in Employer Responsibilities

One of the roles that I relish is being a member of the American Bar Assocation’s House of Delegates for several terms now. The ABA adopts certain policies at its Annual Meeting and uses its bully-pulpit to try to get … Read more

Employment Legislation Summary: 2014 Session

By Shipman & Goodwin LLP on July 22, 2014 Posted in Colleges and Universities, Employer Obligations, Employer Responsibilities, Independent Schools, Public Schools, Publications and Alerts

Download: Printable PDF

In its 2014 session, the General Assembly passed a number of new laws affecting employers. Except as otherwise noted, the changes are effective October 1, 2014. The following material summarizes these new laws, but the specific

U.S. Supreme Court Upholds Michigan Law Barring Use of Affirmative Action

By on April 29, 2014 Posted in Constitutional Rights, Discrimination, Employer Obligations, Employer Responsibilities

On April 22, 2014, the United States Supreme Court decided Schuette v. Coalition to Defend Affirmative Action. The case centered on the issue of whether a state may, by a constitutional amendment, bar the use of affirmative action in … Read more

State Board of Mediation and Arbitration Rules that ‘No Work Means No Pay.’

By Gary R. Brochu on February 3, 2014 Posted in Collective Bargaining, Collective Bargaining, Generally, Employer Obligations, Employer Responsibilities

The Connecticut Board of Mediation and Arbitration recently ruled that a municipal employer may not be required to pay workers who are asked to remain home during a winter blizzard. In February 2013, the mayor of the Town of Wallingford, … Read more

Article Warns of Bullying Behavior by Youth Coaches

By Gary R. Brochu on January 22, 2014 Posted in Employer Obligations, Employer Responsibilities, Extracurricular Activities, Students, Supervision of Students

A recent article in the journal Pediatrics suggests that student bullying isn’t limited to students, but that the relationship between students and sports coaches can often be characterized by bullying as well. The conclusions of this article are supported by … Read more

Board Member Removed from Board for Accepting Compensation for Supervising Field Trip

By Gary R. Brochu on January 15, 2013 Posted in Board of Education, Generally, Employer Responsibilities

A Connecticut Superior Court recently denied a request for a temporary injunction from a former board of education member, requesting reinstatement to her board of education. A Connecticut board of education attended a school field trip with her disabled son. … Read more

New Department of Education Website Helps Local and Regional Boards of Education Comply with Law Requiring In-Service Training on Teen Dating Violence

By on December 18, 2012 Posted in Board of Education, Generally, Employer Responsibilities, Responsibilities

The Connecticut General Assembly has added provisions to Conn. Gen. Stat. § 10-220a requiring that each local or regional board of education provide in-service training programs to its teachers, administrators and pupil personnel on teen dating violence and domestic violence. … Read more

Attorneys Jessica Ritter and Jessica Stein to Give Live Audio Seminar on “Social Networking and Electronic Communications: Issues for Public Schools”

By on November 16, 2012 Posted in Constitutional Rights, Discipline, Dismissal, Employer Obligations, Employer Responsibilities, Employment of Teachers, Rights of Students, Rights of Teachers, Seminars and Events, Students, Teacher Employment, Evaluation and Dismissal

On November 30, 2012 at 1:00 p.m., Attorneys Jessica Ritter and jsoufer will examine teacher and student use of social media and social networking, and the intersection of individual rights with the school’s authority to regulate the school environment. During … Read more

New Rules Restricts the Use of Hand-Held Mobile Telephones by Drivers of Commercial Motor Vehicles

By on February 1, 2012 Posted in Employer Obligations, Employer Responsibilities

The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have amended the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs) to reduce the number of accidents caused by distracted drivers … Read more

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

By Gary R. Brochu on January 25, 2012 Posted in Discrimination, Dismissal, Employer Obligations, Employer Responsibilities, Employment of Teachers, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

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

Connecticut Enacts Paid Sick Leave Law

By Anne H. Littlefield on July 5, 2011 Posted in Employer Obligations, Employer Responsibilities

Employers with 50 or more people in Connecticut, both public and private sectors, must provide certain hourly employees with paid sick leave. The act’s language does not clearly state that it covers the public sector. However, from review of Office … Read more

CORI Reform in Massachusetts and Its Impact on Massachusetts Public Schools

By Shipman & Goodwin LLP on February 2, 2011 Posted in Board Organization, Authority and Responsibilities, Employer Obligations, Employer Responsibilities, Responsibilities

On August 6, 2010, Governor Deval Patrick signed into law a bill which significantly revamped Massachusetts’ criminal record system. The new law, Chapter 256 of the Acts of 2010, entitled “An Act Reforming the Administrative Procedures Relative to Criminal … Read more

Employers Need to Update Policies Regarding Employee Genetic Information

By Linda L. Yoder on January 14, 2011 Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Discrimination, Employer Obligations, Employer Responsibilities, Employment of Teachers, Publications and Alerts, Teacher Employment, Evaluation and Dismissal

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

Attorney General and Office of the Child Advocate Issue Report on School Districts and DCF Reports

By Gary R. Brochu on July 23, 2010 Posted in Child Abuse and Neglect, Employer Responsibilities, Employment of Teachers

Recently the Connecticut Attorney General and Office of the Child Advocate released a report entitled, “Protecting our Children: Improving Protections for Children when Allegations are made that School System Personnel Abused and/or Neglected Children.” This report is based on the … Read more

Employers Must Update Their EEO Posters

By Peter J. Murphy on January 12, 2010 Posted in Discrimination, Employer Obligations, Employer Responsibilities, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

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