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School Board Not Liable For Disciplining Disabled Educator's Excessive Absenteeism Or Denying Her Leave Requests
Since Congress passed the Americans with Disabilities Act (ADA) in 1990 and state legislatures enacted their own protections requiring employers to accommodate disabled workers
United States
14 May 2019
Upstate Federal Court Holds Fiscal Intermediary A Joint Employer Of Personal Assistants
If the decision's holding is adopted by other courts, FIs will face serious exposure on multiple fronts, as we explain below.
United States
15 Feb 2019
New FCRA Summary Of Rights For Background And Credit Checks
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB), the federal agency which oversees the federal Fair Credit Reporting Act (FCRA) issued an interim final rule updating the agency's model FCRA notice
United States
25 Sep 2018
"Here We Go Again": Transgender Bathroom Dispute Headed Back To The Fourth Circuit
The Fourth Circuit is the federal appeals court with jurisdiction over the federal district courts in Maryland, Virginia, West Virginia, North Carolina and South Carolina.
United States
14 Jun 2018
U.S. Department Of Education Faces Lawsuit Challenging Recent Guidance Concerning Campus Sexual Misconduct
Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions...
United States
9 Nov 2017
U.S. Department Of Education Revises Guidance Concerning Campus Sexual Misconduct
It is well-settled that sexual harassment which creates a hostile environment constitutes sex discrimination prohibited by Title IX.
United States
17 Oct 2017
During Last Week Of School Seventh Circuit Rules In Favor Of Transgender Teen On Restroom Use
On May 30, 2017, on the heels of the Seventh Circuit's ground-breaking en banc decision in Hively v. Ivy Tech. College holding that sexual orientation is a protected trait under Title VII...
United States
21 Jun 2017
Trump Administration Revokes Obama's Transgender Bathroom Guidance For Public Schools
As previously reported by these authors in a Legal Alert on February 17, 2017, the Trump Administration withdrew a motion filed in the U.S. Court of Appeals...
United States
7 Mar 2017
How To Run A Successful CDPAP Without Undue Risks
The number of CDPAPs has also grown as NYS contracts with more traditional home care agencies, allowing them to expand their service options and accept CDPAP referrals from managed care organizations.
United States
9 Nov 2016
NLRB Holds Student Assistants Who Have A Common-Law Employment Relationship With A Private University Are "Employees" Under The National Labor Relations Act
The National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law employment relationship with a private university, are statutory employees under the NLRA.
United States
31 Aug 2016
Supreme Court Upholds University Affirmative Action Admissions Policy
On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students.
United States
11 Jul 2016
SCOTUS Fair Credit Reporting Act Background Check Standing Case Remanded To Lower Court
On May 16, 2016, in a 6-2 decision, the U.S. Supreme Court remanded the closely watched Spokeo Inc. v. Robins case back to the Ninth Circuit for further analysis.
United States
24 May 2016
Restricting Employers' Use Of Credit Checks And Why Mr. Robot Agrees
If you're like me, you don't necessarily equate the USA network with riveting and innovative television.
United States
7 Sep 2015
U.S. Supreme Court Upholds Michigan Constitutional Amendment Prohibiting Use Of Race-Based Preferences In State University Admissions Decisions
The U.S. Supreme Court has upheld an amendment to the Michigan constitution that prohibits the use of race-based preferences in the admissions process.
United States
30 Apr 2014
Consumer Financial Protection Bureau Issues Bulletin About Federal Regulation Of Payroll Cards
On September 12, 2013, the Consumer Financial Protection Bureau (CFPB) issued a bulletin stating that under federal law employers cannot mandate that their employees receive wages on a payroll card.
United States
23 Sep 2013
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