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Employment Law

Junior high teacher Angela Andrus attends an Utah Safe Schools Mask-In urging the governor's leadership in school reopening during a rally Thursday, July 23, 2020, in Salt Lake City. Parents and teachers rallied at the Utah State Capitol Thursday morning to urge schools to enforce mask wearing and to implement other safety policies recommended by health officials as the state prepares to reopen classrooms this fall.
Junior high teacher Angela Andrus attends a Utah Safe Schools Mask-In in Salt Lake City urging the governor's leadership earlier this year as officials prepared for school reopenings during the COVID-19 pandemic. Parents and teachers gathered at the state capitol to urge schools to enforce mask wearing and to implement other safety policies recommended by health officials.<br/>
Rick Bowmer/AP
Teaching Profession Teachers' Rights Under COVID-19: Anxiety Meets Legality
Schools and staff confront a welter of employment laws and regulations when it comes to on-site work under the pandemic.
Mark Walsh, November 19, 2020
10 min read
Law & Courts Court Pick Ruled on Campus Sex Assault, Other Education Issues as Appeals Judge
U.S. Supreme Court nominee Judge Amy Coney Barrett has ruled on due process and Title IX issues in campus sex assaults, qualified immunity, private schools, and other issues.
Mark Walsh, September 26, 2020
11 min read
Education Supreme Court Narrows Employment Protections for Parochial School Teachers
The U.S. Supreme Court ruled 7-2 that federal courts are foreclosed from hearing employment-discrimination claims from teachers at religious schools who have at least some role in teaching the faith.
Mark Walsh, July 8, 2020
8 min read
Law & Courts Opinion Teacher: I Was Fired for Being Gay. Now It Can't Happen to Anyone Else
The U.S. Supreme Court’s recent ruling was a victory, but it doesn’t take away the hurt of losing my students in a cold February, writes Brett Bigham.
Brett Bigham, June 23, 2020
4 min read
Education Supreme Court Weighs Parochial School Teachers' Employment Rights
The justices consider two cases involving lay teachers at Roman Catholic schools and must decide whether such positions are exempt from protection of civil rights and employment laws.
Mark Walsh, May 11, 2020
7 min read
A woman walks past the U.S. Supreme Court, which is hearing oral arguments via livestreamed telephone due to the coronavirus pandemic.
A woman walks past the U.S. Supreme Court, which is hearing oral arguments via livestreamed telephone due to the coronavirus pandemic.
AP Photo/Andrew Harnik
Law & Courts Next Up at Supreme Court: Employment Rights of Parochial School Teachers
A pair of cases being heard by the high court will likely determine whether job-discrimination laws apply to tens of thousands of teachers at religious schools.
Mark Walsh, May 7, 2020
7 min read
Education Supreme Court to Hear Appeals From Two Catholic Schools in Job-Bias Cases
The justices will use cases involving teachers who allege employment discrimination to further define the scope of the "ministerial exception" to job-bias laws for religious employers.
Mark Walsh, December 18, 2019
4 min read
Law & Courts Opinion Supreme Court Delivers Fair Share Case Decision
This morning, the U.S. Supreme Court issued a ruling on Janus v. AFSCME, a high-profile case with big implications for unions, leaders, and school systems across the country.
Emily Douglas-McNab, June 27, 2018
2 min read
Education Federal Appeals Court Blocks Catholic School Principal's Bias Suit
The court rules that the principal's position made her a minister of the church for purposes of the "ministerial exception" to employment-discrimination laws.
Mark Walsh, July 14, 2017
2 min read
Law & Courts Opinion White House and EEOC Makes Changes to Promote Equal Pay
On January 29, the U.S. Equal Employment Opportunity Commission shared information on proposed revisions to Employer Information Reports. While this change does not directly impact school districts, organizations providing services to districts could be affected. It could be speculated that the other requirements could be altered in the future that impact district pay.
Emily Douglas-McNab, February 15, 2016
3 min read
Education U.S. Supreme Court Backs Worker in Pregnancy-Bias Case
In a case watched by educators, the justices made it easier for pregnant workers to press discrimination claims when they have been denied accommodations.
Mark Walsh, March 25, 2015
4 min read
Law & Courts Opinion President Obama Wants to Update Overtime Pay Rules
President Obama recently issued a memorandum instructing the Secretary of Labor to update regulations regarding who qualifies for overtime protection. The decision could affect organization's employees, budgets, HR policies, etc.
Emily Douglas-McNab, March 23, 2014
2 min read
Law & Courts Opinion HR Trends Impacting School Districts
The Society for Human Resources Management recently released a report offering information on the latest HR trends according to panels of senior HR practitioners, consultants, academics, and policy experts.
Emily Douglas-McNab, February 25, 2014
3 min read
School Climate & Safety Opinion All Faiths Must Be Welcome in the Workplace
Around the world, 1.6 billion Muslims are observing the Islamic holy month of Ramadan by fasting without food or water from dawn to sunset. Many also increase their salat (prayers), Quranic recitation, and charitable giving. For talent managers, this is a perfect opportunity to review your organization's policies and practices protecting employees of all faiths in the workplace.
Emily Douglas-McNab, July 18, 2013
1 min read