Archives: Rights of Teachers

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

By Anne H. Littlefield and Melika S. Forbes on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Colleges and Universities, Discrimination, Employer Obligations, Employer Responsibilities, Independent Schools, Liability, Public Schools, Religion and the Schools, Responsibilities, Rights of Teachers, Superintendents, Teacher Employment, Evaluation and Dismissal

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

TRB Issues New Guidance Concerning the Reemployment of Retired Teachers

By Gary R. Brochu and Richard I. Cohen on Posted in Employer Obligations, Employment of Teachers, Public Schools, Publications and Alerts, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

On June 17, 2015, Connecticut’s Attorney General issued an opinion concerning the “statutory limits on the compensation provided to reemployed teachers (including superintendents and other administrators) pursuant to Conn. Gen. Stat.§ 10-183v(a).” Based on his analysis of the language of … Read more

Teacher’s Challenge to Termination Because of Blog Denied

By Gary R. Brochu on Posted in Constitutional Rights, Dismissal, Employer Obligations, Employment of Teachers, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

Students are not the only ones who can be subject to discipline because of social media; their teachers can get into trouble too. Recently the United States District Court for the Eastern District of Pennsylvania rejected a teacher’s first amendment … Read more

Research Shows that Contractual Teacher Work Rules Can Impact a District’s Ability to Address Student Needs

By Gary R. Brochu on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Certified Staff and Collective Bargaining, Collective Bargaining, Generally, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

For anyone who has been involved in the collective bargaining process for a teachers’ contract, they are fully aware of the scope and extent of contractual language concerning work rules. Areas such as hiring, layoffs, class size, preparation time, duties, … Read more

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

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

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

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

By on 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

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

By Gary R. Brochu on 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

Employers Must Update Their EEO Posters

By Peter J. Murphy on 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

Rhode Island Commissioner Halts Use of Seniority for Teacher Assignments

By Christopher A. Tracey on Posted in Board of Education, Generally, Board Organization, Authority and Responsibilities, Employer Obligations, Employer Responsibilities, Employment of Teachers, Federal and State Role in Education, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

Rhode Island Commissioner of Education Deborah Gist recently ordered all school districts in Rhode Island to cease using teacher seniority as the sole determinant of teacher assignment. Click here for the press release. The Superintendent cited the state’s new Basic … Read more

Seventh Circuit Hears Non-Renewed Teacher’s Discrimination Suit

By Shipman & Goodwin LLP on Posted in Employment of Teachers, Public Schools, Rights of Teachers, Teacher Employment, Evaluation and Dismissal

A teacher whose one-year contract with a school district was not renewed filed a lawsuit against the school district alleging retaliatory discharge, First Amendment retaliation and national origin discrimination. The Seventh Circuit reversed the ruling of the lower court dismissing … Read more

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