NSBA Legal Clips
Archived entries for Title VII

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A U.S. Court of Appeals for the Eleventh Circuit three-judge panel, in a per curiam (unauthored), unpublished decision has ruled that a teacher, whose contract was not renewed, failed to state a valid claim for Title VII discrimination based on national origin.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

A former teacher who is white, has won a $350,000 jury award in his reverse discrimination suit against the Prince George’s County Board of Education (PGCBOE), reports The Washington Post.

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EEOC issues updated enforcement guidance on pregnancy discrimination

As reported on eeoc.gov, the U.S. Equal Employment Opportunity Commission has recently issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues,” along with a Question and Answer document about the guidance and a Fact Sheet.

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Assistant principal who publicly opposed superintendent’s election states a valid claim that her severance was retaliatory

The Fifth Circuit Court of Appeals rules that a former assistant principal stated a valid claim for First Amendment retaliation based on her engaging in political speech.

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Supreme Court in Nassar requires complainants in Title VII retaliation cases to prove “but-for” causation

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s decision invoking the use of a “motivating-factor” standard for determining employer liability in retaliation claims under Title VII, determining instead that the proper standard in retaliation claims was the “but-for” test.

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