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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Modernized OFCCP Website Tools: The National Pre-Award Registry and VEVRAA Hiring Benchmark Database

On August 10, 2020, the Office of Federal Contract Compliance Programs (OFCCP) updated its website, including revamping the National Pre-Award Registry and the VEVRAA Hiring Benchmark Database. These new features provide helpful information to contactors and contracting officials and help to streamline navigation among OFCCP’s website content and tools. Furthermore, the updated tools enhance information accessibility to individuals with vision impairments.

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SDNY Vacates DOL Regulations Implementing the Families First Coronavirus Response Act

On August 3, 2020, the Southern District of New York’s August 3, 2020, ruling in New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 vacated portions of the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). The following Q&A details the many ways in which the ruling will impact employers, including which DOL regulations were struck down by the order, the conditions under which employees can take FFCRA leave and the emergence of FFCRA-related lawsuits.

For the full alert, visit the Faegre Drinker website.

Reminder: August 4 Deadline to Implement New Self-identification Form for Individuals with a Disability

All federal contactors subject to the jurisdiction of the Office of Federal Contractor Compliance Programs (OFCCP) must begin surveying applicants and employees for disabilities using a new and approved Voluntary Self-Identification form. Continue reading “Reminder: August 4 Deadline to Implement New Self-identification Form for Individuals with a Disability”

NLRB Decision Gives Employers More Freedom to Address Offensive and Abusive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB or the Board) issued a long-awaited decision giving employers more freedom to discipline employees who engage in abusive, obscene or profane conduct in connection with their work. In General Motors, LLC, 369 NLRB No. 127 (2020), the NLRB rejected three context-specific rules formerly used to assess whether an employee’s inappropriate conduct is protected by Section 7 of the National Labor Relations Act (NLRA or the Act). Instead, the NLRB will now assess that conduct under the Wright Line standard, which is used to evaluate all other claims of discriminatory conduct under the Act.

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San Francisco Enacts Temporary ‘Back to Work’ Ordinance in Response to COVID-19 Layoffs

On June 23, 2020, the San Francisco Board of Supervisors passed a “Back to Work” Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered employers to provide written notice when layoffs occur while also prohibiting discrimination against, and requiring reasonable accommodations for, employees who experience a family care hardship.

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