Tag: First Amendment

HR and the Courts — December 2023

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 of California May Test Federal Ban on Hiring Undocumented Workers The University of California may be the first public institution to challenge... View Article

HR and the Courts — October 2023

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. Governor Newsom Vetoes Bill That Would Ban Caste Discrimination California Governor Gavin Newsom vetoed what would have been the first specific state ban... View Article

HR and the Courts — September 2023

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

HR and the Courts — August 2023

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. Tenured Professor Loses First Amendment Retaliation Claim Related to “Offensive” Blog Posted Months Before the Adverse Action  The U.S. Court of Appeals for... View Article

HR and the Courts — June 2023

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 Issues a Formal Complaint Alleging College Football and Basketball Players Are Employees and Can Petition to Unionize  The NLRB regional director in... View Article

HR and the Courts — January 2023

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. Divided Court of Appeals Rules That Separating Bathrooms By Biological Sex Does Not Violate the Constitution or Title IX — Transgender Student’s Discrimination... View Article

HR and the Courts – August 2022

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 Reaches Settlement Banning Employer Collection of Family COVID-19 Testing Results — GINA Implications  In a case involving a dermatology medical practice in... View Article

HR and the Courts

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 to Review Harvard and UNC Affirmative Action Admission Policies In Consolidated Case  The U.S. Supreme Court agreed to hear and... View Article

Department of Education Finalizes New Rule

On September 9, U.S. Secretary of Education Betsy DeVos announced the publication of a final rule that implements President Trump’s Executive Order 13864, Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities. The new rule conditions federal research or education grants on compliance with the First Amendment for public institutions and compliance with stated... View Article

HR and the Courts

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

HR and the Courts

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: Federal Courts Split on Whether Title IX Provides a Separate Litigation Remedy for Education Workers for Sex Bias in Addition to Title VII... View Article

HR and the Courts

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: Employer’s Defense of a Female Employee’s Equal Pay Act Claim of Gender Discrimination and Unlawful Salary Differential Between Male and Female Workers Rejected,... View Article

HR and the Courts

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

Whistleblower
Members Only

Whistleblowers are defined generally as individuals who report information about wrongdoing to the people or entities with the authority to address the situation. Whistleblowers may bring issues such as tax fraud, public safety, environmental health, discrimination, illegal employment practices, corruption, and more to light, and may, in some cases, receive financial rewards for doing so.... View Article

Test Your HR Legal Knowledge: First Amendment

Are you an HR legal expert? Here’s a real court case to help test your HR legal knowledge. Review the facts of the case, tell us which side you think prevailed, and find out if you’re right! The Case: First Amendment – Epstein v. Suffolk Community College (E.D.N.Y. 2:14-CV-00937) The Facts: Supreme Court Rule –... View Article