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 Wins Dismissal of “Deliberate Indifference” to Sex Harassment Claims on Statute of Limitations Grounds A federal district court dismissed 12 counts 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. Long Awaited Title IX Regulations Issued On Thursday, June 23 the Biden administration’s Department of Education issued its long anticipated new Title IX... View Article
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... View Article
Sexual violence is a multi-faceted and difficult topic. Higher ed institutions either enter the conversation before an event of sexual violence has occurred or after it has occurred, leaving the institution scrambling for answers to the campus community as to why it happened in the first place. As part of upcoming Sexual Assault Awareness Month... 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
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: Federal Court Dismisses Medical Resident’s Claim Under “Intercorporate Immunity Doctrine” That States Discussions of Student Performance by Faculty Members and University Officials Are... View Article
The content in this blog post is for general information purposes only and should not be considered legal advice. Higher ed HR pros are working tirelessly to update institutions’ policies and procedures after the sudden shift of work operations as a result of the public health crisis. On top of this workload, institutions must now... 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: Mere “Awareness” of an Employee’s Disability Does Not Ordinarily Satisfy the ADA Request Requirement The U.S. Court of Appeals for the D.C.... 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: 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
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: Jury Trial Granted for Minority Professor Claiming Discriminatory Retaliation After He Was Denied a Second-Round Interview for a Dean Position and Not Allowed... 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 Volleyball Coaches Lose Age and Sexual Orientation Discrimination Termination Lawsuit The University of Delaware’s head women’s volleyball coach (age 55) and 56-year-old... 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: Professor Loses First Amendment Challenge to Discipline for Refusing to Address a Transgender Student by Her Self-Asserted Gender Pronoun A federal district court... View Article
On August 16, CUPA-HR and six other higher education associations submitted comments in response to a Federal Register notice titled “Reporting Requirements Regarding Findings of Sexual Harassment, Other Forms of Harassment or Sexual Assault.” The notice, which was published on July 17, 2019, proposes the “implementation of new reporting requirements … to help ensure research environments to... 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: Courts Move in Different Directions in Enforcing Agreements to Arbitrate The courts continue to move in different directions when it comes to enforcing... 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: Three Separate Title VII Cases Have Three Different Outcomes One case was dismissed by a federal district court judge, one was reinstated by... View Article
On June 20, the House Science Committee passed Chairwoman Eddie Bernice Johnson’s (D-TX) bill, H.R. 36, the Combating Sexual Harassment in Science Act of 2019, out of committee. This comes after a June 12 hearing which evaluated higher ed’s response to sexual harassment in STEM jobs on and off campuses, offered feedback on the bill,... 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: Wife of Former Sheriff Loses First Amendment Right-to-Intimate-Association Lawsuit Following Discharge From the Sheriff’s Department After Her Husband Resigned Because of Allegations of... 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 Decision Suggests That Continued Attempts to Accommodate a Disabled Employee, Even After an ADA Lawsuit Is Filed, Might Reduce or Eliminate an... 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: Georgetown Becomes Fifth University to Prevail in ERISA Breach of Fiduciary Duty Allegations Concerning Pension Plan Administration Georgetown University recently prevailed in a... View Article
On October 22, the National Science Foundation (NSF)’s new harassment reporting requirement for awardees took effect. NSF published the final version of the requirement for NSF grants in the Federal Register on September 21. NSF said it made the changes to “ensure the research and learning environments it supports are free from harassment.” Under the new... View Article
When it comes to creating a safe, inclusive, equitable campus, culture is the bottom line. But changing the culture and transforming the mindset of an enterprise as large and complex and multifaceted as a higher education institution certainly doesn’t happen overnight — it’s a slow and steady journey. While helping their colleges and universities navigate... 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 Argues ERISA Claims Not Subject to Jury Trial MIT is one of a dozen or so prominent universities to be sued in... 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: NYU Prevails in ERISA Class Action Case NYU received a complete victory in the first of more than approximately a dozen ERISA class... View Article
The “Me Too” movement has prompted a heightened awareness of and national conversation around unequal treatment and inappropriate or criminal sexual conduct in the workplace, and many colleges and universities have strengthened their resolve to eliminate these unacceptable behaviors on their campuses. To create an environment where harassment, incivility, inequality and bias are neither welcome... 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: States Consider Sexual Harassment Remedies and Prevention Reforms to Supplement Title VII With the advent of the “me too” movement, many state legislatures... View Article
“Philosopher Accused of Sexual Misconduct” “Former Sports Doctor Pleads Guilty to Sexual Assault” “Title IX Complaints Filed Against Creative-Writing Professor” “Fifteen Students and Post Docs Issue Statement That Three Professors Created a Hostile Academic Environment in Which Sexual Harassment Is Normalized” “Reports of Sexism in a University Academic Department” “Tenured Professor Sexually Harassed Graduate Student... View Article
This blog post was contributed by Maureen J. Gleason, president of American Behavioral It seems that everywhere you look these days, cases of bullying and sexual harassment are making headlines. From school teachers to celebrities to distinguished politicians, example after example of bad behavior are coming to light. The #MeToo movement is a reflection of... View Article
Members OnlyOn April 19, the Department of Education (ED) released the text of the highly anticipated Title IX final rule. CUPA-HR’s is reviewing the final rule and will provide more information as needed through our blog. CUPA-HR will also host a webinar to cover the final rule on April 30. Title IX of the Education Amendments of 1972, or simply... View Article