By Laurie E. Meyer In a precedent setting decision, Hively v. Ivy Tech, the Seventh Circuit Court of Appeals, the federal appeals court having jurisdiction for Wisconsin, Indiana, and Illinois, ruled on April 4, 2017, that Title VII of the Civil Rights Act of 1964 protects employees from workplace discrimination on the basis of sexual...
On March 6, 2017, the United States Supreme Court, in a one sentence order, indicated that they would not hear Gloucester County School Board v. G.G., the pending transgender case. The Court stated that the judgment was vacated and remanded back to the Fourth Circuit Court of Appeals for “further consideration in light of the guidance issued by...
By D|K's School and Higher Education Law Team The U.S. Department of Education, along with the U.S. Department of Justice, issued a Dear Colleague Letter on February 22, 2017 withdrawing the “statements of policy and guidance” originally found in their May 13, 2016 Letter on Transgender Students. As discussed in our May 20, 2016 client alert, and...
By Elizabeth K. Miles Many state and federal regulatory agencies, including OSHA, EPA, and the Wisconsin Department of Natural Resources, may inspect a business with or without advance notice to ensure compliance with applicable rules and regulations. Here are a few tips to help ensure that your inspections go smoothly. Before an inspection. As...
Late yesterday, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor (DOL)’s Final Rule and its regulations regarding the new salary thresholds for the so-called “white collar” exemptions that were set to go into effect on December 1st. The injunction not only prevents the regulations related to the Final Rule...
In a resounding success for Wisconsin school districts, another attempt by the Wisconsin Education Association Council to use the courts to re-insert pre-Act 10 collectively bargained terms into individual teaching contracts has been rejected. In Marks, et al. v. Board of Education of the Wisconsin Rapids Public Schools, Wood County Case No....
By Hugo P. Rojas A recent unpublished opinion of the Wisconsin Court of Appeals affirms the principle that Wisconsin school districts are authorized to unilaterally determine the amount of retiree benefits offered in the post-Act 10 era. The Court’s August 2016 ruling in Townsend v. Neenah Joint School District brought closure to a series of...
Featured News: U.S. Supreme Court to Weigh in on Transgender Issue as Wisconsin Federal Judge Allows Transgender Discrimination Lawsuit to Proceed Under Title IX Court Denies Teachers' Attempt at Pre-Act 10 Protections Playing with Fire - Are You Using PBIS Appropriately with Disciplinary Removals? Wisconsin Court of Appeals Upholds School...
By D|K's School and Higher Education Law Team In August, the U.S. Department of Education’s Office of Special Education Programs (OSEP) released guidance regarding the use of positive behavioral interventions and supports (PBIS) in individualized education programs (IEPs). OSEP outlined schools’ obligations in providing PBIS to ensure that...
By D|K's School and Higher Education Law Team On October 28, 2016, the U.S. Supreme Court agreed to hear the appeal of the 4th Circuit’s decision in the G.G. v. Gloucester County School Board (discussed in our Client Alert dated August 8, 2016), which will clarify the status of the law and split in lower court decisions. The U. S. Supreme Court...
