Federal Court Upholds Validity of Harvard’s Employee Separation Agreement

On August 7, 2017, the U.S. District Court for the District of Massachusetts dismissed a disability discrimination claim brought by a former employee against Harvard University, ruling that the employee had released all claims against the University when she accepted the terms of her separation agreement.  The plaintiff, who worked as a nurse at Harvard […]

OCR Scales Back Scope of Civil Rights Investigations

On June 8, 2017, the Department of Education (DOE) Acting Assistant Secretary for Civil Rights, Candice Jackson, issued an internal memorandum to staff with new guidance aimed at reducing the scope of the Office of Civil Rights (OCR) investigation of complaints.  Under the Obama administration, OCR applied an expansive approach to its investigations, where inquiry into individual […]

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

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.

Professor Terminated For Relationship With Admitted Student Allowed to Move Forward With Title IX Retaliation Claim

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 […]

Miami University Agrees to Settle Disability Discrimination Claims by Making Broad Improvements to Accessibility of Campus Technology and Curricular Materials

On October 17, 2016, the Department of Justice announced a proposed consent decree, now pending court approval, that would resolve claims that web content and classroom technologies at Miami University in Oxford, Ohio violated the ADA.

Federal Court Validates Fordham University’s Reentry Procedure for Students Returning from Mental Health Leaves

A Federal Judge in New York has dismissed a case against Fordham University challenging its policy of requiring documentation from students returning from a mental health leave of absence. The lawsuit was filed by a graduate student in the University’s School of Social Services, claiming disability discrimination under both the ADA and Section 504 of […]

EEOC Releases Proposed Enforcement Guidance on Retaliation; Seeks Public Comment

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released for public review and input draft enforcement guidance on the subject of retaliation and related issues under the federal employment discrimination laws. The new guidance document, once finalized, will replace the EEOC’s last guidance update on the subject of retaliation issued in 1998. […]