LaborSphere, Author at Laborsphere

No Reprieve: New Title IX Regulations Take Effect as Scheduled

Educational institutions hoping for a last-minute reprieve from the new Title IX regulations scheduled to go into effect August 14 are out of luck. Earlier this week, the Southern District of New York denied a nationwide preliminary injunction sought by the state of New York to delay implementation of the new regulations (State of New York, et al. v. United States Department of Education, et al.).

And, just days later, the U.S. Department of Education (ED) defeated another preliminary injunction motion filed by 17 states and the District of Columbia in federal court in Washington, D.C. (Commonwealth of Pennsylvania, et al. v. Elisabeth DeVos, et al.). A third preliminary injunction motion is pending in the District of Massachusetts — however, earlier this month, the court there denied a motion to expedite a hearing, stating that “a prompt September hearing is fully appropriate.”

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Planning to Hire Foreign Nationals in the U.K. in 2021? Apply for a Tier 2 Sponsor Licence

Recent U.K. government statements have confirmed what many have suspected for some time: the post-January 2021 immigration system will be predicated on a reworked version of the Tier 2 sponsorship route. In the first episode of our new Faegre Drinker Immigration Law Podcast, we take a close look at the Tier 2 sponsorship application process and explain why U.K. employers planning to hire foreign nationals in 2021 should apply for a Sponsor Licence before the immigration system changes take effect.

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Coronavirus Update: Travelers From the ‘Safe List’ Can Now Enter the European Union

The 27 European Union member nations gave majority approval on Tuesday, 30 June 2020 to allow non-essential travel from its initial “safe list” of countries. People travelling from the countries on the “safe list” can travel to the EU for business or leisure.

For the full alert, visit the Faegre Drinker website.

Remote Working During COVID-19 (and Beyond?): Frequently Asked Questions

Many state and local orders continue to require certain employees to work remotely or telecommute during the COVID-19 pandemic. And even where employees are beginning to return to the workplace, employers may face an increase in requests from employees to work remotely on an extended basis. With a likely uptick in its remote workforce, employers should consider whether to allow its employees to work remotely, and if so, how to best accomplish the task, including whether to implement a remote work policy and/or enter into individual remote work agreements with its remote employees during this pandemic and, perhaps, beyond.

For the full alert, visit the Faegre Drinker website.

State & Local Employment Law Developments: Q1/Q2 2020

State and local governments are increasingly regulating the workplace. In the first and second quarters of 2020 alone, legislatures were particularly active in passing laws addressing sexual harassment training, discrimination including hair discrimination, criminal background inquiries, salary history, and a variety of unpaid and paid leaves. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay in compliance. (Please note that developments specifically related to COVID-19 are not included in this update.)

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‘Answer Is Clear’: Title VII Forbids Discrimination Based on Sexual Orientation and Gender Identity

On June 15, 2020, in the month and year that marks the 50th anniversary of LGBTQ+ Pride traditions, the Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. In the 6-3 decision authored by Trump-appointed Justice Neil Gorsuch, the Court said that Title VII’s message is simple: “[a]n individual’s homosexuality or transgender status is not relevant to employment decisions . . . [and] it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Bostock v. Clayton County, Georgia, 590 U.S. ___ (2020).

This opinion resolves a circuit split arising from decisions by the Second, Sixth and Eleventh Circuit Courts of Appeal. In each case, an employer fired a long-time employee shortly after the employee disclosed being “homosexual” or “transgender” and allegedly for no reason other than the employee’s sexual orientation or gender identity.

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