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. Dartmouth College May Appeal NLRB’s Decision Allowing Basketball Players to Unionize The Dartmouth College men’s basketball team voted 13-2 to unionize, selecting the... 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
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. Court of Appeals May Narrow LBGTQ Rights Under Title VII The 5th U.S. Circuit Court of Appeals (covering Texas, Louisiana and Mississippi) recently... 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 May Consider the Propriety of the Court-Created “Adverse Employment Action” Rule, Limiting Title VII Complaints The Supreme Court has asked the... 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
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
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. Court of Appeals to Decide Whether a Non-Citizen Applicant for U.S. College Soccer Coaching Position Is Covered Under U.S. Anti-Discrimination Laws The U.S.... View Article
CUPA-HR Signs on to Letter to President Trump Regarding the Executive Order on “Combating Race and Sex Stereotyping” (October 8, 2020) On September 22, President Trump issued an Executive Order (EO) on “Combating Race and Sex Stereotyping.” Once implemented, the EO will impose new requirements on federal contractors, including colleges and universities, with respect to content... 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 > Title VII 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... 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: 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: 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
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: New Supreme Court Decision Will Make It More Difficult for Employers to Dismiss Title VII Court Cases Where Plaintiff Does Not File 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: 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 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: Trump Administration Justice Department and EEOC Take Different Positions on Whether Transgender Employees Are Covered by the Title VII Anti-Sex-Discrimination Statute The Trump... 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 Finds Plaintiff’s Failure to Follow Supervisor’s Direction Not Protected by the First Amendment The United States Court of Appeals for the Seventh... View Article
On February 26, the Second U.S. Circuit Court of Appeals, overruling its own precedent, ruled that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating against their employees based on sexual orientation, deepening a circuit court split on the issue which will eventually have to be decided by the... 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: Female Hockey Coach’s Sex Discrimination Claim Moves to Trial, Sexual Orientation Claims Dismissed as Court Holds Title VII Does Not Cover Sexual Orientation... 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
Members OnlyFew pieces of legislation have had a more profound effect on U.S. society, and especially the world of work, than the Civil Rights Act of 1964. The landmark legislation set standards for equity, protection and rights regardless of an individual’s gender, race, color, religion or national origin, not only in the workplace but in schools,... View Article