The Higher Ed Workplace Blog

On July 15, a federal judge from the U.S. District Court of the Eastern District of Tennessee issued a preliminary injunction blocking enforcement of the Department of Education’s Title IX guidance that prohibits discrimination on the basis of gender identity and sexual orientation. Specifically, the ruling blocks enforcement of a June 2021 Notice of Interpretation issued by the department’s Office for Civil Rights (OCR) in light of the Supreme Court’s 2020 decision in Bostock v. Clayton County and President Biden’s Executive Order, “Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation and Gender Identity.”

New research from CUPA-HR shows that higher education institutions are in the midst of a talent crisis, as many staff, professionals and administrators are considering other employment opportunities due to dissatisfaction with their pay, their opportunities for advancement, their institutions’ remote and flex work policies, and more. The newly published research report, The CUPA-HR 2022 Higher Education Employee Retention Survey: Initial Results, provides an overview of what proportion of the higher ed workforce is at risk for leaving, why they’re considering leaving employment, and with which policies, work arrangements and benefits employees are satisfied or dissatisfied.

CUPA-HR’s Association Leadership Program (ALP) has taken place every July for more than two decades, bringing together chapter, region, and national board members; association staff; key corporate partners; and other invited guests. After two years of meeting only virtually, these leaders were finally able to meet again in person last week.

The Emerging CUPA-HR Leaders program is aimed at HR professionals who have assumed leadership roles at their institutions and are looking for the next opportunity to grow and engage. Invited participants have the unique opportunity to engage in problem-solving work groups and develop deep networks with peers while gaining an inside look at CUPA-HR’s operations and structure. Learn more about the chapter project recently completed by the 2021-22 cohort, and join us in welcoming the 2022-23 cohort!

This month, CUPA-HR General Counsel Ira Shepard provides overviews of recent cases, including those of a professor denied tenure due to a sex harassment allegation, a sheriff’s deputy denied medical coverage for sex-change surgery, a professor who brought a gender-based discrimination claim for a position never filled, an employee denied gender-confirmation coverage under the North Carolina Medical Plan for Teachers and State Employees, and more.

On June 21, the Biden administration released the anticipated Spring 2022 Regulatory Agenda, providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Agendas are generally released in the fall and spring and set target dates for each agency and sub-agency’s regulatory actions for the coming year. Based on a thorough review of the Regulatory Agenda, CUPA-HR would like to highlight the following proposed actions for members, including an updated target date for the release of a new overtime proposal.

As we embark on a new year at CUPA-HR, we want to take a moment to introduce the incredible leaders behind our higher ed HR association. CUPA-HR has been able to support and advance our profession thanks in large part to the tireless efforts of our national board members and other CUPA-HR leaders.

On June 23, the Department of Education released the highly anticipated Notice of Proposed Rulemaking (NPRM) to amend Title IX. The NPRM proposes to replace the Trump administration’s 2020 Title IX rule and establishes safeguards for transgender students by proposing a ban on “all forms of sex discrimination, including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation and gender identity.”

On June 14 and 15, the House Education and Labor Committee and Senate Appropriations Committee’s Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor HHS) held hearings on policies and priorities of the U.S. Department of Labor (DOL), as well as President Biden’s Fiscal Year 2023 Budget Request for DOL. In both hearings, Secretary of Labor Marty Walsh testified and answered questions about DOL’s regulations and actions, as well as potential future funding for programs under DOL.

In May and June, CUPA-HR participated in five regional listening sessions hosted by the Department of Labor (DOL) on the anticipated Notice of Proposed Rulemaking (NPRM) to update the criteria for the “executive, administrative and professional” exemptions for overtime pay under the Fair Labor Standards Act (FLSA). The listening sessions provided regional employers the opportunity to discuss their support or concerns with changes to the minimum salary level required to be exempt from overtime payments under the FLSA.