Blogs

Employment Law

OCR Says School Diversity, Equity and Inclusion Activities Do Not Violate Title VI’s Prohibition Against Race Discrimination

The U.S. Department of Education’s Office for Civil Rights (“OCR”) recently issued a Fact Sheet that makes clear to educators, and elementary, secondary, and postsecondary educational institutions that “diversity, equity, and inclusion training and similar activities,” in most circumstances, do not violate Title VI of the Civil Rights Act’s (“Title VI”) prohibition against discrimination based…

February 8, 2023

Employment Law

Federal Trade Commission Proposes Rule to Ban Employer Non-Compete Agreements

On January 5, 2023, the Federal Trade Commission interjected itself into U.S. workplaces in a big way, publishing a proposed rule that, as written, would essentially make it an “unlawful restraint on trade” for employers to restrict an employee’s right to engage in business activities competitive with the employer. While the FTC’s proposed rule is…

January 9, 2023

Employment Law

Understanding the Pros and Cons of Pay Transparency

Pay transparency – the degree to which employers are open about pay information or are permissive of employees talking with each other about pay — is becoming increasingly popular among employers. By sharing and facilitating the discussion of salary information, employers may be able to promote fairness and equity while building trust between employees and…

January 3, 2023

Employment Law

What Employers Need to Know About Office Holiday Parties

The holiday season is here, and it’s the most wonderful time of the year! With the winter holidays just around the corner, are you one of the many businesses busily preparing for a holiday office party? Office parties are a wonderful way to generate good will with your employees and strengthen your business culture. However,…

December 1, 2022

Employment Law

New “Know Your Rights” Poster Issued by the EEOC

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) released an updated version of the “EEO is the Law” poster that covered employers are required by federal law to post in a conspicuous workplace location. The new “Know Your Rights” poster includes updates to the language and formatting to make it more straightforward, highlights that…

October 24, 2022

Employment Law

Does Title IX Prohibit Discrimination Based on Sexual Orientation and Gender Identity? Not according to Virginia and Other States

On July 27, 2022, Virginia joined forces with more than twenty other states to file a lawsuit against the U.S. Department of Agriculture (USDA), in response to that agency’s recent guidance advising that Title IX of the Education Amendments of 1972’s (Title IX) prohibition of discrimination in educational programs “on the basis of sex” is…

August 22, 2022

Employment Law

501(c)(3) Tax Exempt Status, Private Schools, and Title IX

Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in any education programs and activities that receive federal funds and financial assistance. Federal financial assistance typically consists of grants or loans made available by the federal government to fund things such as student scholarships and improvements to…

August 12, 2022

Employment Law

The Pandemic Has Evolved: EEOC Issues Updated COVID-19 Viral Testing Guidance for Employers

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its guidance Q&A responses to employers relating to COVID-19 workplace issues and the ADA . Most notably, the EEOC has changed its view on when employers can mandate COVID-19 viral testing for workers and still be in compliance with the ADA.[1] Out with the…

July 21, 2022

Employment Law

Fourth Circuit: Title VII Doesn’t Require Civility at Work

It is a bedrock principle of U.S. law that employment discrimination on the basis of sex is prohibited under Title VII of the Civil Rights Act of 1964. And, of course, hostile work environment sexual harassment is a subset of employment discrimination that involves unwelcome conduct because of sex that is sufficiently severe or pervasive…

July 18, 2022

Employment Law

Are Emotional Distress Damages Recoverable Under Title IX? No, Says the Supreme Court.

Title IX of the Education Amendments of 1972 (“Title IX”) has been front and center news lately. The statute, which is still best known as the law enacted by Congress to remediate discrimination in student athletics, officially turned 50 on June 23, 2022. That same day, the U.S. Department of Education proposed major revisions to…

July 11, 2022