Tueth Keeney Elects Kylie S. Piatt to Shareholder

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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EEOC Proposes Substantially Amended Religious Discrimination Section for its Compliance Manual

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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FFCRA Leave for Remote Learning

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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U.S. Supreme Court Expands “Ministerial Exception” for Religious Employers

by Adam Henningsen The U.S. Supreme Court recently issued an important decision concerning the “ministerial exception” to federal employment discrimination laws. The ministerial exception is a legal doctrine that protects religious entities from being sued for alleged discrimination.  Courts generally refrain from adjudicating matters involving employment decisions regarding employees who perform certain functions for churches and other religious institutions. This “ministerial exception” comes from the First Amendment principle that governmental regulation of church administration, including the appointment of ministers, impedes

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Governor of Missouri Signs into Law Bills Passed in 2020 General Assembly

by Jim Layton Governor Parson has completed action on bills passed by the 2020 Missouri General Assembly. Many of the bills the governor signed may affect Tueth Keeney clients. Among the significant provisions of those bills, most of which become effective August 28:

  • The tort reform bill changes the law regarding punitive damages. It imposes new procedural requirements and a higher burden of proof, bars juries from basing punitive damage awards on harm to persons other than plaintiffs in
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SB 739 – Anti-Discrimination Against Israel Act, Contracting Officers Beware…

by Lisa Berns The Missouri legislature’s truncated and recently completed 2020 session did not produce as much legislation as is typical. Nonetheless one of the few bills that has made it out of the capitol has some terms that (assuming it is not vetoed by Governor Parson) Missouri public school district and community college district officials should be fully aware of for all new contracts, requests for proposal and purchase orders going forward. Truly agreed to and finally passed Senate

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Department of Education Releases Final Title IX Regulations: What Missouri Public Schools Need to Know

On May 6, 2020, the U.S. Department of Education (“ED”) released the final Title IX regulations (“Final Rule“).  The implementation date for the Final Rule is August 14, 2020.  While discussion about the Title IX regulations has largely centered on colleges and universities, the changes will also impact how K-12 districts in Missouri should respond to students’ reports of sexual assault and harassment under Title IX.  Notably, the regulations deviate significantly from the “Dear Colleague Letters”

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Families First Coronavirus Response Act Update for Public Education Employers Regarding Family and Paid Leave Requirements

On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act.”   This law, among other provisions, expands rights to Family and Medical Leave Act (“FMLA”) leave and provides for paid leave for employees impacted by COVID-19.  This update provides guidance about provisions specific to public education employers.  The provisions discussed in this update all sunset on December 31, 2020. These provisions go into effect on April 1, 2020.  The law directs the Department of Labor (“DOL”)

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Coronavirus Pandemic Planning in Missouri – Holding Legally Compliant Board Meetings

Frequently Asked Questions

Coronavirus Pandemic Planning: Holding Legally Compliant Board Meetings During this Time of Uncertainty

Below, we are listing answers or guidance we are providing in response to questions we have received relating to holding board meetings during this time of uncertainty. As time progresses, we will continue to provide updates or amended guidance, where necessary.

Can we hold a meeting without having anyone physically attend the meeting? Yes. However, the manner in

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U.S. Department of Education Releases New Proposed Rule Regarding Faith-Based Institutions

by Betsey Mooney and Kate Nash On Wednesday, January 16, 2020, the Department of Education published a Notice of Proposed Rulemaking regarding the eligibility of faith-based institutions for departmental grants.   This proposed rule is the official document outlining the agency’s plan to revise its current regulations.   Following its publication in the Federal Register, a thirty-day period opens in which members of the public may submit comments on the proposed revisions.   The comments are made available for the

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