Blog Archives

ACCOMMODATING EMPLOYEE ODOR SENSITIVITY MAKES SCENTS FOR EMPLOYERS

Michigan employer settles ADA claim for $100,000 after allegedly failing to make reasonable accommodations for employee’s odor allergy Employers should be aware that the American with Disabilities Act (“ADA” or the “Act”) may cover an employee’s sensitivity to odors and related allergies. Failure to accommodate odor sensitivity could result in significant employer liability. In McBride […]

Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

Riley v. Marriott Int’l, Inc., 2014 U.S. Dist. LEXIS 135728 (W.D.N.Y. Sept. 25, 2014). What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery laws, and that may ultimately lead […]

Three Local School Districts Cancel Football Seasons Due to Hazing Allegations

Bullying is one of the fastest growing issues affecting schools across the country today. In the last month, three local high schools have taken a somewhat unprecedented approach in an effort to tackle problems of hazing in their locker rooms. First, on October 6, 2014, the Sayreville War Memorial High School’s football season was cancelled […]

Dozens of Harvard Law Professors Publicly Criticize The University’s Revised Sexual Harassment Policy

It may seem surprising – but even one of the most prestigious universities in the country got mixed in the U.S. Department of Education’s recent enforcement efforts to combat campus sexual misconduct. To make matters worse, in addition to receiving scrutiny from the U.S. Department of Education, complainants, and accused students, Harvard, in a somewhat […]

High Court Will Decide Whether “Continuing Violation Theory” Applies to Fiduciary Breaches

A case recently landed on the U.S. Supreme Court’s docket that may have significant consequences for corporations that offer 401(k) or other benefit plans to their employees. On October 2, 2014, the Court granted a petition for a writ of certiorari in which 401(k) plan participants asked the Court to determine whether a fiduciary’s “continuing […]

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity (instead of their assigned birth gender). On October 3, 2014, the Minnesota State High School League (the “League”), […]

U.S. Department of Education Promulgates Final Regulations Implementing Recent Clery Act Amendments

The U.S. Department of Education has issued final regulations implementing changes made to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“the Clery Act”) by Section 304 of the Violence Against Women Reauthorization Act of 2013 (“VAWA”), also known as the Campus Sexual Violence Act or Campus SaVE Act. As […]

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title IX. Now, in a somewhat unconventional case, one institution in Ohio is also facing a Title IX lawsuit recently filed by an […]

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the “University”) case.[1] The case, involving Treon Harris, the quarterback of the University’s football team, comes amid a nationwide discussion about the alleged mishandling of […]

Governor Andrew Cuomo Proposes Plan to Combat Sexual Assault on SUNY Campuses

Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2, 2014, Governor Cuomo approved the first-ever statewide policy addressing sexual assault on all sixty-four State University of New York […]