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University’s Handling of Students’ Pre-Assault Complaints of Sexual Misconduct Open to Title IX Claim

Three female former students who allegedly were sexually assaulted while undergraduates may sue their school for a policy of indifference to reports of sexual misconduct under Title IX of the Education Amendments of 1972, the federal appeals court in San Francisco has ruled. Karasek v. Regents of the Univ. of California, No. 18-15841 (9th Cir. Jan. 30, 2020).

Pending State Bills Propose to Limit Ability of Transgender Student-Athletes to Compete

Several states have introduced legislation to require transgender student-athletes at the elementary and secondary school levels to compete based only on their sex assigned at birth, not based on their gender identity.

Jail Time for Responsible Employees Under Title IX? In Texas, Maybe

We all know how important it is for responsible employees in educational institutions to report up the chain when they learn of sexual misconduct against a student. But the stakes for noncompliance just grew in Texas, where lawmakers recently passed legislation allowing jail time in addition to institutional penalties for responsible employees who fail to report as required by law. It seems like a good reason for a refresher on the rules for responsible employees and some tips for how to foster compliance at your institution, don’t you think?

New Year, New Trend? New York to Require Corporate Reporting on Number of Women on the Board

New York State recently enacted a new law (A 6330/S 4278) mandating a study of the proportion of female members on the boards of corporations authorized to do business in the state.

House Seeks to Block Proposed Amendments to Title IX Regulations

Four congresspersons have introduced legislation in the House of Representatives aiming to block the Department of Education’s proposed amendments to the Title IX regulations on how colleges and universities must handle allegations of sexual misconduct from taking effect.

Good Faith Belief Leads To Employer Victory In Bias Claim

Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good faith” belief that the worker actually committed misconduct. The December 9 ruling from the 8th Circuit Court of Appeals could serve as a helpful resource for employers fending off discrimination claims – so long as you understand the critical steps you need to take in order to take advantage of the good faith defense.

MIND THE GAP (PDF)

When the US women’s soccer team won the World Cup this summer, crowds chanted “Equal pay!” in reference to pay disparities between the US women’s and the men’s teams. Considering the #MeToo era, pay equity in employment has become a hot-button issue on the 2020 US presidential campaign trail and has spurred legislation and numerous lawsuits.

Jury Finds Against Female Physician’s Unequal Pay Claims

A federal jury in Iowa has rejected Equal Pay Act claims by a female physician alleging she was paid less than her male colleagues in the same network for performing substantially equal work under the same compensation formula. Bertroche v. Mercy Physician Assoc., Inc., No. 1:18-cv-00059 (N.D. Iowa Nov. 13, 2019).

Ninth Circuit Hears Oral Argument in Gender Bias Case

Whether a gender bias case can proceed as a class action is the question the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, will decide.

Survey Says Employers are ‘Taking Action on Pay Equity Management’

A majority of employers (60%) are not only conducting analyses to identify and address pay equity issues, but are conducting analyses with the objective of “resolving the root causes” of identified pay inequities, according to “Pay Equity Practices – Survey of C-Suite and Reward Leaders” from WorldatWork and Korn Ferry.
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