Sep 3, 2021
by Veronica Potter and Kate Nash Since the August 14, 2020 implementation date for the new Title IX regulations (the “Regulations”), institutions of higher education have worked to provide fair process to students while complying with some of the more difficult and onerous regulatory provisions. One of those provisions, found in 34 CFR 106.45(b)(6)(i), prohibits determinations that rely on “statements” not subjected to cross-examination during a live hearing. A recent court decision found this particular provision invalid.
read more
Aug 25, 2021
by Christine Self In Sangamon County Court, Judge Raylene Grischow denied Plaintiffs’ request for a temporary restraining order (TRO) to enjoin Governor Pritzker’s August 4, 2021 mask requirement for schools. Plaintiffs are parents of students in McHenry County schools and they filed suit to stop Governor Pritzker’s mask mandate in Executive Order 2021-18 (extended in Executive Order 2021-19). Plaintiffs requested an emergency TRO and preliminary injunction in McHenry County and the case was transferred to Sangamon County on motion of
read more
Aug 25, 2021
On August 25, 2021, Jim Layton addressed city officials regarding redistricting in a webinar sponsored by the Missouri Municipal League. Cities and other political subdivisions that elect governing bodies in geographic districts must draw new district lines to reflect the results of the 2020 U.S. Census. The detailed data from the 2020 Census was released on August 12, 2021. As Jim explained, the new districts must meet federal and state requirements””most important, each district must have about the same number
read more
Aug 19, 2021
Tueth Keeney is proud to announce that Ian Cooper has been named the 2022 St. Louis Lawyer of the Year in Labor and Employment Litigation! Margaret Hesse, Melanie Keeney, Jim Layton, and Kate Nash were also recognized in the 2022 Best Lawyers publication. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Since it was first published in 1983, Best Lawyers ® has become universally regarded as the definitive guide to legal
read more
Jul 22, 2021
by Veronica Potter On July 20, 2021, the Department of Education’s Office of Civil Rights (OCR) published it’s Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”). This resource contains a series of questions and answers regarding the regulations on Title IX that went into effect on August 14, 2020 (“2020 Regulations”), as well as excerpts of example policies from elementary, secondary, and postsecondary institutions. In a blog
read more
Jul 19, 2021
by Christine Self Amendments to the Illinois Human Rights Act (“IHRA”) that took effect March 23, 2021, make it a civil rights violation for an employer to use an individual’s conviction record “as a basis to refuse to hire, to segregate, or to act with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or terms, privileges or conditions of employment unless: (1) there is a substantial relationship between one or more of
read more
Jul 13, 2021
by Jenna Lakamp On July 7, 2021, Missouri’s Governor Parson signed into law a bill limiting civil lawsuits that can be brought against Missouri business, religious organizations, and health care providers. SB51 was passed by the Legislature on May 25, 2021, with support from Governor Parson. The law states that no individual or entity will be liable for any COVID-19 exposure, unless the individual can prove they were exposed and suffered illness by “clear and convincing evidence.” In order to
read more
Jul 1, 2021
by Kylie Piatt In an 8-1 decision issued on June 23, 2021, the United States Supreme Court upheld a student’s First Amendment right to free speech related to comments made via social media while off-campus. In Mahanoy Area School District v. B.L., B.L. was a rising sophomore high school student at Mahanoy Area High School, who tried out for but did not make the school’s varsity cheerleading squad. Concurrently, B.L. had tried out for a certain position on her private
read more
Jun 21, 2021
by Jenna Lakamp On June 16, 2021, the United States Department of Education (the “Department”) issued a Notice of Interpretation (the “Notice”) confirming that Title IX’s prohibition of sex-based discrimination includes discrimination based on students’ sexual orientation and gender identity. This interpretation of Title IX stems from the Supreme Court decision, Bostock v. Clayton County, 590 U.S. __ , 140 S. Ct. 1731; 207 L. Ed. 2d 218; 2020 WL 3146686; 2020 U.S. LEXIS 3252 (2020), which was issued on
read more
Jun 10, 2021
by Mandi Moutray On May 28, 2021, the Equal Opportunity Employment Commission (“EEOC”) updated and expanded its guidance regarding the COVID-19 pandemic, and specifically addressed questions relating to COVID-19 vaccinations. The full guidance can be found in the EEOC publication, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The updated guidance confirms that federal EEO laws do not prohibit employers from mandating vaccination for all employees physically entering the
read more
Kate L. Nash
Veronica E. Potter
James R. Layton
Ian P. Cooper
Margaret A. Hesse
Melanie Gurley Keeney
Kylie S. Piatt
Mandi D. Moutray