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.
Continue reading...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.
Continue reading...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.
Continue reading...The Equal Employment Opportunity Commission has recently released a guidance document, “Questions and Answers: The Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking,” to assist employers in processing applicant and employee matters involving these situations.
Continue reading...The Courthouse News Service reports that the U.S. Supreme Court has granted the petition of certiorari of a Ball State University African American employee regarding her claims of workplace harassment by co-workers based on race.
Continue reading...The U.S. Equal Employment Opportunity Commission reports that an Illinois federal district court has ruled that Cognis Corporation, a German-based part of a multinational chemical company, unlawfully retaliated against an employee under Title VII for refusing to sign a “last chance” agreement waiving his rights to file a discrimination charge as a condition of continued employment.
Continue reading...The U.S. Equal Employment Opportunity Commission has ruled that an employee’s complaint of discrimination based on gender identity, change of sex, and/or transgender status is covered by Title VII as a claim based on sex.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (AL, GA, FL) has affirmed a federal district court’s grant of summary judgment in favor of a Georgia school district, dismissing a student’s claim of teacher-on-student sexual harassment under Title IX, even though the lower court improperly applied a Title VII framework instead of the appropriate Title IX standard of review.
Continue reading...A federal district court in New York state has ruled in favor of a former assistant principal on his Title VII claims of hostile work environment and discrimination based on religion, denying that portion of the New York City Department of Education’s (NYCDE) motion for summary judgment, and allowing those claims to proceed to trial. The court has granted NYCDE’s motion, however, with respect to the retaliation and federal procedural due process claims.
Continue reading...A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit (ND, SD,MN, NE, IA, MO, AR) has ruled unanimously that a federal district court erred in overturning a jury’s verdict in favor of a white former employee that claimed the majority African-American school board constructively discharged her from her position as the Arkansas school district’s financial coordinator. The panel also reversed the lower court’s ruling overturning the jury’s award of punitive damages.
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