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  • Monthly Archives: September 2013

    Girl Banned from Football because of Her Gender

    Title IX requires that schools receiving public funding must allocate those funds equally between male and female educational programs such as extracurricular sports. Since its passage over 40 years ago, Title IX has mandated equal opportunity regarding the promotion and expansion of extracurricular sports for female students. Back in March of 2012, Cynthia Augello, Associate […]

    New Definition of “Supervisor” for Purposes of Title VII

    The U.S. Supreme Court has issued a ruling settling a split in the circuit courts over the definition of “supervisor” for purposes of employer liability for harassment under Title VII of the Civil Rights Act of 1964, in Vance v. Ball State University, (Docket No. 11–556).  The circuits had split on the issue, with three […]

    A Bus Driver’s Right Not to Get Involved in Physical Disputes

    The yellow school bus is an iconic form of transportation that has provided a longstanding service to families by picking up their children and driving them to school. As a school provided service, bus drivers are trained on how to operate the bus and abide by road regulations in order to safely transport student riders […]

    New York City Passes Pregnant Workers Fairness Act

    The New York City Council recently passed legislation designed to ensure workplace rights for pregnant women by prohibiting discrimination in employment based on pregnancy, childbirth, or a related condition. The Pregnant Workers Fairness Act amends the New York City Human Rights Law (Title 8 of the Administrative Code) such that employers with four or more […]

    When Cleaning Up Your Facebook Can Lead to Dirty Consequences

    In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing business attire as opposed to sweatpants; or maybe, tell a client to remove […]

    ESTA: New York City to Join Other Major Cities in Mandatory Paid Sick Leave Plan

    Many employers have offered paid sick leave plans for their employees as part of their business practice. However, under the Earned Sick Time Act (“ESTA”) (the “Act”), employers in New York City (“NYC”) with 15 or more employees must now provide up to five (5) paid sick days per calendar year for all eligible employees […]

    Employment Litigation in Review #7

    ODEP Develops Database with 3,000 Ready-for-Hire Candidates Who Have Disabilities On December 5, 2012, the Office of Disability Employment Policy (ODEP) announced its new Workforce Recruitment Program. The program includes the creation of a database containing nearly 3,000 ready-for-hire candidates who have disabilities. According to its news release, [t]he database contains profiles of postsecondary students […]

    DOMA’s Tax Benefit Implications

    In 1996, President Bill Clinton signed DOMA into law. Section 3 of DOMA defines “marriage” as a legal union between one man and one woman, and defines “spouse” as a husband or wife of the opposite sex.  However, on June 26, 2013, in the case United States v. Windsor, the Supreme Court held that Section […]

    Student Success Act

    In 2002, George W. Bush signed into law the No Child Left Behind Act (“NCLBA”). Once considered a revolutionary piece of legislation, its “one size fits all” standardization has proven to be an impossible undertaking for some schools to achieve. In particular, the NCLBA requires all students, from third through eighth grade, to become proficient […]