NSBA Legal Clips
Archived entries for Title VII

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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EEOC issues Q&A guidance for application of Title VII and ADA in cases of domestic or dating violence, sexual assault, or stalking

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.

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U.S. Supreme Court agrees to review university employee’s claim of race-based workplace harassment

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.

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Federal court rules employer unlawfully retaliated against employee who refused to waive right to file discrimination charge

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.

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EEOC rules that Title VII protections extend to transgender employees

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.

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Federal appellate court upholds dismissal of Title IX sexual harassment claim, despite lower court’s reliance on Title VII framework

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.

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Federal district court allows former assistant principal’s Title VII claims of hostile work environment and discrimination based on religion to proceed to trial; rejects others

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.

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Federal appellate court reinstates jury verdict in favor of white former employee on her claim of constructive discharge

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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Federal district court in New York state rules school district employee may maintain Title VII retaliation claim based on sexual orientation

A federal district court in New York state has ruled that a former school guidance counselor had stated valid claims for Title VII retaliation based on sexual orientation and gender. It also found that he had stated a valid claim for retaliation under the Age Discrimination in Employment Act (ADEA). However, the court rejected his Title VII and ADEA substantive discrimination claims.

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Pennsylvania district agrees to settle former employee’s race discrimination suit

Easton Area School District has agreed settle a race discrimination suit brought by Paxinosa Elementary School Principal David Hightower, says the Morning Call. EASD will pay Hightower $60,000 plus attorney fees, according to an agreement released by the school district’s lawyer.

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