On June 21, the U.S. Supreme Court issued a narrow but significant decision in NCAA v. Alston. The Court unanimously ruled against the National Collegiate Athletic Association (NCAA), deciding that the NCAA’s strict limitations on education-related benefits that higher education institutions can offer to student-athletes violates federal antitrust law.
On June 9 and June 17, the Senate Committee on Commerce, Science, and Transportation held two hearings titled “NCAA Athlete NIL Rights” and “NCAA Student Athletes and NIL Rights,” respectively. During the hearings, senators and witnesses discussed proposals to allow students to monetize their name, image and likeness (NIL) in schools across the country, in addition to other issues relating to student-athletes. The hearings continue ongoing discussions on the topic in the Senate as states continue to pass their own NIL legislation.
Over the course of the pandemic, higher ed employers may have struggled with how to approach employees whose work performance has been negatively impacted by issues in their personal lives. A recent CUPA-HR webinar, “Trauma-Informed Leadership for Higher Education,” shared ways employers can open the door for disclosure and develop a leadership style that is personally supportive while still maintaining healthy professional boundaries and workplace standards.
The pandemic impacted every area of the higher ed workforce, including non-exempt employees. According to CUPA-HR’s recently released 2021 Staff in Higher Education Annual Report, the size of the non-exempt staff workforce saw a drastic decline during the pandemic, an understandable outcome given the number of non-exempt higher education employees whose work can only be performed on campus.
On June 15 and 16, the U.S. Equal Employment Opportunity Commission and Department of Education’s Office for Civil Rights released new resources on federal enforcement of protections against sexual orientation and gender identity discrimination. The U.S. Supreme Court ruled last year in Bostock v. Clayton County that the bar on workplace discrimination based on sex” in Title VII of the Civil Rights Act of 1964 also barred discrimination sexual orientation and gender identity discrimination. The EEOC’s materials focus specifically on workplace rights under Title VII, while the OCR notice addresses Title IX of the Education Amendments of 1972 prohibition on discrimination on the basis of sex in any education program or activity offered by a recipient of federal financial assistance.
As Congress prepares to vote on legislation establishing June 19 as a federal holiday, we are exploring ways institutions can observe this momentous occasion in U.S. history. Juneteenth, the oldest known celebration commemorating the ending of slavery in the United States, has not always been widely recognized. Expanding your campus community’s knowledge of Juneteenth and its significance can help foster a more inclusive environment that encourages the voices of the Black community to be heard. So, how will your institution observe the day?
CUPA-HR General Counsel Ira Shepard highlights recent rulings around two workplace harassment claims, a school district disciplining a student for a social media post that could have First Amendment ramifications for higher and the NCAA, EEOC guidance for employers offering incentives to encourage employees to get the COVID-19 vaccine, and more.
On June 10, OSHA issued an Emergency Temporary Standard (ETS) establishing requirements employers must follow to limit workers potential COVID-19 exposure for those employees providing health care services and health care support services. Employers must comply with most provisions within 14 days of the regulation being published in the federal register, and with provisions involving physical barriers, ventilation and training within 30 days of publication in the register.
June is Pride Month, and many institutions are hosting LGBTQ+ programming and events to spread the message of inclusion in higher ed. HR pros can further this message and help make LGBTQ+ students, faculty and staff feel seen, heard and valued by learning about the barriers and experiences of these individuals and ways to advocate for them.
On June 1, CUPA-HR, joined by five other higher education associations, submitted comments in response to the Department of Labor’s Request for Information (RFI) about data and methods for determining prevailing wage levels for temporary and permanent immigrant and non-immigrant employees, including employees on H1-B visas.