NSBA Legal Clips
Archived entries for retaliation

U.S. Supreme Court hears oral argument in Nassar Title VII retaliation case

The U.S. Supreme Court heard arguments in University of Texas Southwestern Medical Center v. Nassar, a case addressing the issue of whether an employee must prove that the sole reason for an employer’s action was retaliation or if a successful discrimination claim can be made in situations where retaliation was at least one of two or more motivating factors.

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Federal appeals court rules parents of diabetic student stated valid claim of retaliation under disability laws based on principal’s child abuse report of parents after they requested accommodations

A U.S. Court of Appeals for the Sixth Circuit (MI, OH, KY, TN) three-judge panel has ruled that the parents of a diabetic student have stated a valid claim for retaliation under the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation ACT (§ 504 ) based on the school’s principal reporting the parents for suspected medical abuse after the parents requested certain disability accommodations for the student.

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Federal appellate court rejects teacher’s retaliation suit based on removal as coach

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has affirmed a federal district court’s decision granting summary judgment in favor of a school district in a suit brought by a teacher/athletic coach claiming she was dismissed as the girls varsity basketball coach and suffered other acts of harassment in retaliation for having previously brought a Title VII sex discrimination suit in regard to the boys varsity basketball coaching position.

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Sua Sponte: NSBA urges Supreme Court to protect employer autonomy for non-retaliatory personnel decisions

On March 11, 2013, NSBA filed an amicus curiae brief in an employment case asking the U.S. Supreme Court not to hamper school districts’ abilities to discipline or fire employees.

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Federal appellate court rejects Illinois principal’s First Amendment retaliation claim for reporting her predecessor’s financial misconduct

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that school district officials in Illinois did not retaliate against a former middle school principal for exercising her First Amendment free speech rights by reporting her predecessor’s misuse of district funds.

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Jury rejects teacher’s claim that California district failed to accommodate his diabetes

The Palo Alto Daily News reports that after brief deliberations, a San Mateo County civil jury returned a verdict rejecting Manuel Delgado’s claim that the Sequoia Union High School District refused to provide him with accommodations for his diabetes and anxiety disorder.

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Trial of teacher’s suit against California district for failure to accommodate diabetes comes to a close

The Palo Alto Daily News reports that after rejecting a negotiated settlement, the trial of Manuel Delgado’s suit of disability discrimination against Sequoia Union High School District is coming to a close.

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Illinois principal suspends students for comments on Twitter and threatens to suspend those who protest decision

According to a report from the Student Press Law Center, Granite City High School Principal Jim Greenwald has suspended 10 students for comments they made on Twitter, and the principal says more suspensions could follow for students protesting the school’s decision.

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Federal appellate court rules that former New York district employee failed to state valid First Amendment retaliation claim because she was speaking pursuant to her official duties

A three-judge panel of the U.S. Court of Appeals for the Second Circuit has ruled that a former school district employee failed to state a valid First Amendment retaliation claim based on exercising her free speech rights because was she speaking pursuant to her official duties.

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Federal appellate court rules Illinois teacher stated valid First Amendment retaliation claim based on filing criminal complaint against student

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that a former teacher, who was forced to resign, has stated a valid cause of action for retaliation for exercising his free speech rights when he filed a criminal complaint against a student who threatened to assault him, rejecting the school district’s argument that the complaint did not involve a matter of public concern.

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