Retroactive Leniency Not a Reasonable Accommodation under the ADA

On October 11, 2017, the 10th Circuit of the U.S. Court of Appeals affirmed the District Court’s ruling that retroactive leniency for past misconduct does not constitute a reasonable accommodation under the Americans with Disabilities Act (ADA).   In this case, Profita v. Regents of the University of Colorado, the Plaintiff was a former student of […]

Supervisors and Managers Can Use Subordinates as “Comparators” in Workplace Discrimination Cases

On August 2, 2017, a federal judge ruled that supervisors and managers can use their subordinates as “comparators” for lodging workplace discrimination suits against their employers. A wrongful termination case from a former public safety officer at Swarthmore College, predicated on an alleged incident of racial discrimination, has now survived both a motion for summary judgment and a motion […]

Higher Education Associations Respond to USCIS Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017. Premium processing is a USCIS program that provides for a 15 day initial review in exchange for a $1,225 filing fee. […]

Ohio Appellate Court Revives College Football Concussion Suit – More to Follow?

On December 8, 2016, the Eighth District Court of Appeals of Ohio ruled that the widow of a former college football player can proceed in her suit against the University of Notre Dame (“Notre Dame”) and the NCAA for failure to warn of debilitating long-term dangers of repeated concussions.

New Department of Labor Final Rule Updates Overtime Regulations for Salaried Employees

On May 18, 2016, the Department of Labor released important details of the Final Rule updating overtime regulations for white collar workers under the Fair Labor Standards Act (FLSA). A fact sheet regarding these rule changes can be found on the Department of Labor website, here.