NSBA Legal Clips
Archived entries for Title VII

Eleventh Circuit rules that former bus driver stated valid ADA claim for failure to accommodate based on district’s refusal to provide driver with an air-conditioned bus even though she has a medically documented respiratory condition

A U.S. Court of Appeals for the Eleventh Circuit three-judge panel has ruled that a former school bus driver has failed to state valid claims under Title VII for race discrimination and retaliation.

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Updated Summary: U.S. Supreme Court rules that employer can be liable under Title VII based on the theory of disparate treatment, even in the absence of the employer’s knowledge that an applicant needs a religious accommodation, if the need for such accommodation is the employer’s motivating factor for not hiring the applicant

The U.S. Supreme Court, in a 8-1 split, has reversed the U.S. Court of Appeals for the Tenth Circuit’s decision holding that under Title VII an employer is only required to provide an employee or prospective employee with a religious accommodation when the employer has actual knowledge of the need for accommodation.

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Seventh Circuit panel rules former district administrator stated valid claims of racial discrimination under Title VII and § 1983

A U.S. Court of Appeals for the Seventh Circuit three-judge panel has ruled that a former school district administrator stated a valid cause of action under Title VII and § 1983 for discrimination based on race.

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U.S. Supreme Court hears argument in employment discrimination suit over employer’s duty to provide religious accommodation

The Christian Science Monitor reports that on Wednesday, February 25, the U.S. Supreme Court heard argument from the parties in EEOC v. Abercrombie & Fitch, No. 14-86, a Title VII suit addressing whether an employer has a duty to provide religious accommodation even if the employee ( or job applicant) has not explicitly sought accommodation.

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Third Circuit rejects former teacher’s ADEA and Title VII retaliation claims

A U.S. Court of Appeals for the Third Circuit three-judge panel has ruled that a former teacher failed to state a prima facie case of retaliation under the Age Discrimination in Employment Act (ADEA) and Title VII based on her complaints of race and age discrimination.

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Sua Sponte: NSBA joins with other organizations advocating for public sector employers in amicus brief urging U.S. Supreme Court not to abandon rule that an employer have actual notice of the need to provide religious accommodation before being required to do so under Title VII

On January 28, 2015, a coalition of organizations representing the interests of public sector employers, which includes the National School Boards Association (NSBA), filed an amicus brief on the merits with the U.S. Supreme Court in EEOC v. Abercrombie & Fitch Sales , No. 14-86, urging the Court to affirm the U.S. Court of Appeals for the Tenth Circuit’s decision that under Title VII an employer is only required to provide an employee or prospective employee with a religious accommodation when the employer has actual knowledge of the need for accommodation.

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Tenth Circuit rejects fomer student teacher estate’s retaliation claims; rules estate failed to show his termination was pretextual

A U.S. Court of Appeals for the Tenth Circuit three-judge panel has ruled that a Colorado school district’s proffered reason for terminating an individual from his student teaching assignment was not a pretext for discriminating against him on the basis of ethnicity.

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Eleventh Circuit rules Florida district did not discriminate against teacher of Chinese origin when it failed to renew her teaching contract

A U.S. Court of Appeals for the Eleventh Circuit three-judge panel, in a per curiam (unauthored), unpublished decision has ruled that a teacher, whose contract was not renewed, failed to state a valid claim for Title VII discrimination based on national origin.

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Ninth Circuit upholds class action plaintiffs’ Title IX unequal participation and retaliation claims

A U.S. Court of Appeals for the Ninth Circuit three-judge panel has upheld a class action Title IX claim of unequal participation against a California school district.

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Federal court partially dismisses former employee’s Title IX retaliation suit against Florida district

The Herald-Tribune reports that a federal district court in Florida has partially dismissed a lawsuit brought by a former school employee against the Manatee County School District (MCSD). Adinah Torres, formerly employed as a parent liaison at Manatee High School (MHS), filed an amended legal complaint alleging she and several students were sexually harassed by Rod Frazier, an assistant football coach at MHS, and that school officials retaliated against her when she reported the harassment.

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