Under the Fair Housing Act (FHA), institutions are required to allow students to keep untrained emotional support or therapy animals in their dwelling unit as a reasonable accommodation if: (1) the student has a disability; (2) the animal is necessary to afford the student with a disability an equal opportunity to use and enjoy the dwelling and; (3) there is an identifiable nexus between the disability and the assistance the animal provides.
On January 31, 2017, the Office of the General Counsel of the National Labor Relations Board (“OGC”) issued a memorandum describing its position on the rights of certain individual faculty members and students under the National Labor Relations Act. Drawing on three recent cases decided on union representation issues (Pacific Lutheran University, Columbia University, and Northwestern […]
In the midst of all the coverage surrounding the “Travel Ban,” it is easy to forget that there are more immigration-related executive orders on the way which will also impact our nation’s colleges and universities. Hidden in one leaked draft order, entitled “Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of […]
In Gyulakian v. Lexus of Watertown, the Massachusetts Supreme Judicial Court (“SJC”) made clear that a plaintiff’s entitlement to an award of punitive damages under the Massachusetts Fair Employment Practices Act, M.G.L. 151B will be determined by his or her employer’s response after being placed on notice of the alleged discriminatory conduct, even where the […]
On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed to follow through on its contractual promises to provide him and his wife with lifetime pay and benefits.
A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual harassment complaint against him, in violation of Title IX and his due process rights. The U.S. District Court for the […]