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Washington Legislature Passes The Washington State Diversity, Equity, And Inclusion Act To Permit Affirmative Action In Public Employment, Education, And Contracting
For 20 years, public agencies in Washington State have been barred from favoring or discriminating against applicants, employees, or contractors based on sex ...
United States
28 May 2019
Ruling Raises Important Considerations For Independent Contractor Background Screening
A federal court's recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential
United States
27 May 2019
Employer Prevails In FCRA Class Action In California
On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA).
United States
2 May 2019
The Ninth Circuit Adopts An Expansive Reading Of The FCRA's Provision Governing Background Check Disclosures
Almost two years ago to the day, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act ...
United States
4 Feb 2019
Senate Passes Bill Granting School-Related Leave To Working Parents
On December 5, 2018, Mexico's Senate Joint Commissions on Education and Legislative Studies approved a bill to amend the Education General Law and the Federal Labor Law
28 Dec 2018
The Other Shoe Drops: Court Of Appeal Decision Narrows Use Of Employee Non-Solicitation Provisions In California
It is well-established that restrictive covenants are prohibited by statute in California.
United States
22 Nov 2018
New Amendment May Soon Affect FCRA Pre-Adverse Action Notice Requirements
However, on closer scrutiny, as described below, this argument appears to be "creative" at best.
United States
12 Sep 2018
Title IX And Defamation: An Emerging Challenge Facing Higher-Education Institutions
There is currently a national focus on gender-based harassment. College campuses are no different. Even with the changes to Title IX guidance in the past months ...
United States
9 Jan 2018
DOE Rescinds Prior Guidance On Title IX And Sexual Violence, Issues Interim Advice On Campus Sexual Misconduct
On September 22, 2017, the U.S. Department of Education rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.
United States
28 Sep 2017
NAIS And TABS Release Their First Task Force Report On Addressing Educator Sexual Misconduct
The Task Force's report comes on the heels of intense reporting on sexual assault in independent schools.
United States
30 Aug 2017
Department Of Education Rethinking Campus Guidance On Sexual Assault
Higher education institutions may soon be asked to reconsider how they comply with Title IX obligations when a student or employee files a sexual assault complaint.
United States
27 Jul 2017
Third Circuit Permits Teaching Hospital Resident To Bring Retaliation Suit Under Title IX
While the decision is the first of its kind in the Third Circuit, the issues addressed have been analyzed by other federal courts.
United States
24 Mar 2017
NLRB Expands Jurisdiction In Church-Operated Schools, Distinguishing Between "Religious" And "Secular" Instruction In Faculty Bargaining Unit Cases
The NLRB distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious instruction were exempt from NLRA coverage.
United States
22 Sep 2016
NLRB Decides Charter Schools Are Private Corporations Despite Public Influence
In two separate cases decided on August 24, 2016, a divided National Labor Relations Board concluded that charter schools in Pennsylvania and New York are not political subdivisions...
United States
22 Sep 2016
Supreme Court Upholds Consideration Of Race In A College Admissions Program – What Does This Mean For Employer Diversity Efforts?
On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered ...
United States
1 Jul 2016
FTC Releases Updated FCRA Guidance On Background Checks
On May 10, 2016, the Federal Trade Commission released a new publication related to background checks and the Fair Credit Reporting Act...
United States
18 May 2016
NYC Commission Issues Guidance On The Citywide Bill Restricting Employers From Using Credit Information In Employment Decisions
As previously reported, on May 6, 2015, New York City Mayor Bill de Blasio signed the "Stop Credit Discrimination in Employment Act" (Act)...
United States
23 Sep 2015
Second Circuit Rules Internal Whistleblowers Are Protected Under Dodd-Frank
This circuit split increases the likelihood that the U.S. Supreme Court will enter the arena and make a decision on what many have called ambiguous language in the statute.
United States
11 Sep 2015
SEC Continues Its Efforts To Make Dodd-Frank Whistleblowing Easier
The SEC admits the scope of the employment retaliation provision in Dodd-Frank is ambiguous.
United States
17 Aug 2015
Open Carry And Campus Carry: Expanded Handgun Rights In Texas In 2016 And Beyond
In its most recent session, the Texas legislature passed two bills related to handgun possession in Texas.
United States
10 Aug 2015
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