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 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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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
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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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Feb 1, 2021
by Christine Self In our recent Insight, EEOC Updates its COVID-19 Guidance to Address Vaccines, Tueth Keeney discussed the grant of FDA Emergency Use Authorization (EUA) for two COVID-19 vaccines. Our guidance indicated that employers could encourage their employees to take the COVID vaccines without running afoul of the ADA, Rehabilitation Act and other EEO requirements, if they ensure that any mandate (post-EUA period) provides exemptions for sincerely held religious beliefs and employees with disabilities. Of
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Jan 15, 2021
The shareholders of the law firm Tueth Keeney Cooper Mohan & Jackstadt, PC recently elected Diane E. Metzger to the Firm’s Management Committee as of January 1, 2021. Diane joins Margaret Hesse and Kate Nash, making Tueth Keeney’s Management Committee all-female for the first time in the Firm’s history. Outgoing Management Committee member Rob Jackstadt will continue to assist in an ex officio capacity, and will represent the Firm’s Edwardsville office. Rob served as the Finance Chair of the Management
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Jan 14, 2021
Tueth Keeney is proud to announce the addition of Kylie S. Piatt as a Shareholder as of January 1, 2021. Kylie joined Tueth Keeney in 2014. We are also pleased that Kylie’s promotion brings the partnership total at Tueth Keeney, a Women Owned Business Enterprise, to eleven – nine of whom are women. Kylie practices primarily in the areas of education, school litigation, and labor and employment law. She represents school districts, charter schools, and private schools with respect to
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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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Aug 31, 2020
by Christine Self The opening of the 2020-2021 school year looks very different than previous school years for many school districts, students, and families. While some school districts are starting the school year fully in-person, others are opting for a fully virtual return to school, offering a hybrid schedule, or offering options for families to choose between some combination of those. As schools reopen in these varied formats, parents may be requesting leave from their employers under the Families First
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Veronica E. Potter
Kylie S. Piatt
Mandi D. Moutray
Diane E. Metzger
James R. Layton