On April 15, 2024, the Equal Employment Opportunity Commission issued its long-awaited final regulations and interpretative guidance on the implementation of the Pregnant Workers Fairness Act (PWFA). The EEOC states in its press release that the final rule is intended to offer “important clarity that will allow pregnant workers the ability to work and maintain... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Basketball Players Are Employees of Dartmouth, NLRB Concludes—Union Vote Scheduled for March 5 Student-athletes on the Dartmouth College men’s basketball team will vote... View Article
On September 28, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published new proposed guidance for employees and employers on navigating and preventing workplace harassment. “Enforced Guidance on Harassment in the Workplace” highlights and upholds existing federal employment discrimination laws and precedence, such as the Pregnant Workers Fairness Act (PWFA) and the Supreme Court’s Bostock... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Unionization Increases to Record Levels, Largely Driven by Graduate Students and Medical Interns Unionization in the first six months of 2023 reached near... View Article
On August 7, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule to implement the Pregnant Workers Fairness Act (PWFA). The proposed rule provides a framework for how the EEOC plans to enforce protections granted to pregnant workers under the PWFA. In December, the PWFA was signed into law through the Consolidated Appropriations Act... View Article
Over the past year, lawmakers have taken an increased interest in establishing and expanding upon benefits and protections for paid leave and pregnant workers. As a result, Congress passed two bills granting workplace protections to pregnant and nursing mothers at the end of 2022, while considering new federal proposals for paid family and medical leave.... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. NLRB Rules Graduate Student Fellows With No Teaching or Research Assistant Responsibilities Are Not University Employees and Cannot Unionize A National Labor Relations... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. EEOC Disavows Publicly-Expressed Views of Former General Counsel Regarding Abortion Travel Issues The Equal Employment Opportunity Commission (EEOC) took the rare step of... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. University’s Internal Investigation of Pay Equity Claims Protected By Attorney-Client Privilege — EEOC Fails In Attempt to Require Disclosure of Documents A federal district... View Article
When August arrives, Congress leaves D.C. and heads to their home districts for the annual August recess period. To keep CUPA-HR members apprised of recent and future actions on the Hill and in federal agencies, here are highlights of the latest actions by Congress, nominations they’ll have to consider when they return, and regulations that... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Supreme Court to Determine Scope of Highly Paid Executive Employee Exemption Under the Fair Labor Standards Act (FLSA) The U.S. Supreme Court will... View Article
On April 1, President Biden announced his intention to nominate Kalpana Kotagal to serve as a commissioner on the Equal Employment Opportunity Commission (EEOC). If confirmed, Kotagal would give the EEOC Democratic control for the first time under the Biden administration, as she would fill the seat currently held by Janet Dhillon, a Republican appointee... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. NCAA Loses Appeal For Expedited Ruling Denying Student-Athletes’ Minimum Wage FLSA Claims — Claims Move to Federal Court Trial The National Collegiate Athletic... View Article
On December 14, the Equal Employment Opportunity Commission (EEOC) released additional COVID-19 technical assistance to clarify certain circumstances under which employers and employees may consider COVID-19 a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The guidance, which is presented in a Q&A format, focuses broadly on the definition of disability... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Federal Contractor Vaccine Mandate Blocked Nationwide By Georgia Federal Court, Georgia Universities Testified in Favor of the Injunction A federal district court judge... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. EEOC Brings Its First COVID-19 Teleworking Denial Lawsuit Under the Americans With Disabilities Act The Equal Employment Opportunity Commission (EEOC) recently brought its... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. U.S. Supreme Court Rules Against NCAA in Antitrust Lawsuit, Opening the Path to More Compensation for Student-Athletes On June 21, the U.S. Supreme... View Article
On June 15 and 16, the U.S. Equal Employment Opportunity Commission (EEOC) and Department of Education’s Office for Civil Rights (OCR) 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... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. EEOC Issues Guidance That Employers Can Offer Vaccine Incentives to Employees The EEOC issued guidance in late May of this year indicating that... View Article
On May 28, the U.S. Equal Employment Opportunity Commission (EEOC) released updated and expanded technical assistance related to the COVID-19 pandemic and posted a new resource for job applicants and employees. The expanded technical assistance provides new information about how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply when an employer offers... View Article
Updated 5/17/21 On May 14, the House of Representatives voted (315-101) to pass H.R. 1065, the Pregnant Workers Fairness Act, which will require employers to make reasonable accommodations for qualified employees affected by pregnancy, childbirth or related medical conditions. The bill, which had amassed 228 cosponsors in the House (208 Democrats and 20 Republicans) ahead... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Spouse’s Lawsuit — Attempting to Hold the Employer Liable for COVID-19 Infection Allegedly Contracted From Husband After He Contracted COVID-19 at Work —... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Many U.S. Federal and State Courts Cancelling Jury Trials Due to Surges in Positive COVID-19 Cases Bloomberg News reports that courts across the... View Article
The content in this blog post is for general information purposes only and should not be considered legal advice. Specific legal questions should be directed to your institution’s legal counsel. In a recent CUPA-HR webinar, “Avoiding ADA Compliance Pitfalls in a COVID-19 World,” 71 percent of polled participants said they are somewhat worried and 22... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Transgender Professor Seeks Preliminary Injunction Prohibiting State of Arizona Healthcare Plan From Denying Coverage for Medically Necessary Gender-Affirming Surgery A professor at an... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Federal Court Dismisses In-House Attorneys’ Retaliation Claims But Allows Sex-Based Salary Discrimination Claims to Proceed A federal district court trial judge recently dismissed... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: University Sued by Faculty Union Claiming Layoffs of Adjunct Faculty Due to the COVID-19 Pandemic Violates the Coronavirus Aid, Relief and Economic Security... View Article
Key Issues CUPA-HR > EEOC Supreme Court Rules in Favor of LGBT Workforce Discrimination Protections June 15, 2020 (WASHINGTON INSIDER ALERT) - On June 15, the Supreme Court ruled that a key federal civil rights law, Title VII, prohibits employers from discriminating against workers on the basis of their sexual orientation, establishing a new nationwide... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Immigrant-Insensitive Social Media Post Is Insufficient Grounds for School District to Discharge Teacher Who Had Received Commendations for Inclusiveness A California appeals court... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: U.S. Court of Appeals Reverses Dismissal of ERISA Class-Action Lawsuit Against University of Pennsylvania and Orders the Case to Be Reinstated In a... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of some labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira: Court of Appeals Rules Requests for Indefinite Leaves of Absence Do Not Constitute a Reasonable Accommodation Under the ADA The Eleventh Circuit Court... View Article
Members OnlyThe Equal Pay Act of 1963 (EPA) is an amendment to the Fair Labor Standards Act of 1938 (FLSA) which requires that employees in the same workplace be given equal pay for equal work, regardless of gender. Wage discrimination based on sex is a violation of both the EPA and Title VII of the Civil Rights... View Article
Members OnlyReligion is a protected characteristic under Title VII of the Civil Rights Act of 1964, making discrimination and harassment based on religious practice, expression or beliefs illegal. Under Title VII, the term “religion” simply means a sincerely held belief. According to the EEOC: "Religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism,... View Article
On May 17, the Equal Employment Opportunity Commission (EEOC) published final rules meant to provide employers with new guidance on how to implement wellness plans in their healthcare programs without violating either Title I of the Americans with Disabilities Act (ADA) or Title II of the Genetic Information Nondiscrimination Act (GINA). The rules also address... View Article