Jun 27, 2022
by Veronica Potter On June 23, 2022 – on the 50th anniversary of Title IX – the Department of Education released a Notice of Proposed Rulemaking (NPRM) with its proposed Title IX regulations. The proposed regulations were long awaited, as the plan to replace the existing 2020 Title IX regulations (2020 Regulations) enacted by the Trump Administration was announced shortly after President Biden took office. The unofficial version of the NPRM is available online now, and the
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Nov 10, 2021
by Veronica Potter On November 5, 2021, the Occupational Health and Safety Administration (OSHA) released an Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing requirements for employers. The ETS requires employers with 100 or more employees to either implement a mandatory vaccination policy, or to allow employees to choose between vaccination and weekly testing and wearing a face covering. OSHA has also released an FAQ, webinar, and
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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.
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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
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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
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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
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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
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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
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Dec 23, 2020
On December 17, 2020, Melanie Keeney and Kristine Nazir presented a CLE regarding “Immigration Update: What to Expect in 2021,” at the Tueth Keeney Higher Education Seminar.
Melanie Gurley Keeney practices in the areas of employment, immigration and education law. Melanie has been included in Best Lawyers in America ® for 25 years, and has been recognized in all areas of her practice. She also has been named to Missouri & Kansas Super Lawyers ® lists for over
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Dec 17, 2020
by Jim Layton On a 3-2 party-line vote, the Equal Employment Opportunity Commission recently proposed a substantial revision of Section 12: Religious Discrimination in the EEOC Compliance Manual. The Manual provides comprehensive guidance to EEOC investigators, employers, and employees with regard to EEOC enforcement of the Civil Rights Laws. The current version of the Manual notes that the number of religious discrimination claims filed with the EEOC has “increased significantly” – from 1,709 claims in 1997 to 2,880 claims in
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Veronica E. Potter
Kate L. Nash
Mandi D. Moutray
Melanie Gurley Keeney
James R. Layton